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[clx. 263]
1822 July 9.
Constitut. Code Rationale
Securities
Factitious honor
Expository matter?
Probabilized by it what
5. That as his interests are in alliance with so his affections sympathize with the interests and affections of that portion of the community whose station is thus elevated: and that in so far as between the higher and the lower orders in consequence of such difference of interests and affections a difference of judgment naturally has place, his judgment will on each occasion, side with theirs, his judgment, and in consequence his conduct: in a word that in his character of member of the Public Opinion Tribunal, it is to the aristocratical Section of that judiciary that he belongs.
But the interest, consequently the affection and judgment of the Monarch as such are hostile /adverse/ to the general interest of the community: so are those of the Aristocracy in all its modifications: not contributory but detrimental to the greatest happiness of the greatest number
In relation to these several matters the evidence thus afforded is not conclusive evidence - it is capable of being rebutted and outweighed by other evidence: but in so far as it operates /has any/, such is the tendency of it: whatsoever be the degree of probability in relation to each point, such is the side on which it is situated.
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Title: [[clx. 262] 1822 July 9 Constitut]Description: [clx. 262] 1822 July 9 Constitut Code Rationale Securities Factitious honor ?. Expository matter? ?. Probabilized by it what ?.3 What matters of fact it probabilizes In the character of a testimonial or certificate, what are the matters of fact which with relation to the individual so honored it probabilizes renders more or less probable. Answer These are 1. That either immediately or unimmediately namely through the intervention of some other or others, the individual by whom the honor has been conferred was at the time of its being conferred an object of sympathy to him by whom it was conferred - that is to say, in a Monarchy to the Monarch This it is evident is /can/ not be a matter of compleat certainty 2. That if not an object of sympathy - at any rate not an object of antipathy: for if yes he would not have subjected himself to the pain necessarily attendant on the conferring it 3 That partly by gratitude for the past /this/ favour, partly by hope of further favors he is attached to the individual /person of the functionary/ by whom the benefit was conferred on him: attached to his puepose attached to his particular interest, disposed to contribute according to the measure of his faculties to the advancement of the particular interest of that same patron - disposed to be obsequious to his will disposed to concurr in the advancement of that particular interest at the expence and by the sacrifice of all conflicting interests in general - in a word in /the government being/ a Monarchy, to contribute as occasion offers, to the sinister sacrifice. 4. That whatsoever in this respect may have antecedently been the case, the individual thus honored has the faculty of mixing in society with under individuals possessing factitious honors of the same species and the same rank, still more assuredly with all those below him in the same line; and in all probability with others if any such there are who in relation to him are superior in rank. To speak in general terms he is known to have access to persons possessing /occupying/ an elevated place /situations/ in the community
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Title: [[clx. 265] 1822 July 11 Constitut]Description: [clx. 265] 1822 July 11 Constitut. Code Rationale Securities for I. Moral 6 Factitious honor excled It marks him out as a man who was by birth an enemy to the interest and happiness of the greatest number a member of the privileged class: namely of a class comprized of those whose common interest is a particular and sinister interest opposite to the universal interest. He who is at one time an enemy may at another time be a friend. But he who is by birth an enemy can not on any sufficient grounds be regarded as a friend, unless and until, and in so far as by such means as the nature of the case affords, he has made known the change. Of this change one conclusive sufficient and conclusive proof the nature of the case affords: and that is a surrender of the privilege. In this way and no other /means alone/ he renders it manifest that by him his interest is identified /in coincidence/ with the universal interest his affections with the affections of the greatest number of the members of the community in question - that in his eyes the affection esteem and respect which is the result of judgment unperverted by any cause /source/ of delusion from any source is preferred to that respect which is the joint offspring of sinister interest, caprice fraud imposture and chance.
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Title: [[clx. 408] 1822 July 12 Constitut]Description: [clx. 408] 1822 July 12 Constitut Code Rationale Securities Counterforce 4 Legal responsibility 5 Moral responsibility It being manifest that as members of the same community an identity of interests as between the members of the one Section and those of the other can not but to a considerable extent have place the consequence is - that to the list of the points in which the interests and thence the affections and opinions and actions of the aristocratical section are opposite to each other, an Appendix naturally expected is a list of the points in which the identification or coincidence between the two interests has place. But of a work /an operation/ of this sort the use would not in practice be very considerable. Why? Because in so far as the coincidence has place the force and efficiency of the aristocratical section is included and merged in that of the democratical: and no conclusion applicable to practice is derived /results/ from the coincidence. Not so where the opposition has place: for in so far as it has place, an interest opposite to the interest of the majority is in operation - an interest by which in so far as it predominates the happiness of the majority is made a sacrifice the minority body is over the majority of the whole: the real /unquestionable/ happiness of the many is /unquestionably/ sacrificed to the questionably greater happiness of the few
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