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[clx. 363]
1822 July 29
Constitut. Code Rationale
Securities
5 Moral Counterforce
Public Opinion Tribunal
Evidence etc
Under a government the conduct of which is in all other respects ever so good, let but this one restraint have place, there needs but one supposition to render it desirable in the eyes of a true lover of mankind desirable, that at the risk of the worst that can ensue that government should with all possible speed be put down: this supposotion is - that by the government that succeeded it the like restraint would not be imposed. One instance there is in which this supposition stands verified: the government of the Anglo-American United States: for in that country alone has self-victory in this the most difficult of all its shapes been as yet displayed.
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Title: [[clx. 345] 1822 July 12 Constitut]Description: [clx. 345] 1822 July 12 Constitut. Code Rationale Securities Counterforce 4 Legal responsibility 5. Moral ?. Expository matter? The less the quantity /mass/ of counterforce which in his endeavours to promote his particular interest at the expence of the universal interest a public functionary finds /feels/ opposed to him in other shapes, the greater the need there is of its being opposed to him in this shape /his finding something opposed to such his endeavours/. Monarchy an absolute Monarchy is therefore the sort of government in which there is the greatest need of it the need of it is most pressing, and in which accordingly if in a Monarchy the end of government was the greatest happiness of the greatest number, would be established with the greatest alacrity /promptitude/, and supported /maintained/ with the most anxious care. But in a Monarchy in general, and of Monarchies an absolute one in particular is that form of government it is not possible that the greatest happiness of the greatest number ever should have been or ever should be the end of government in which it is not possible that the end of government should ever have been or ever be any other than the greatest happiness of that one with or without some comparatively small number of sharers. Accordingly in every Monarchy not the maintenance but the suppression of this same prime security to good government and good morals has been the object of the most anxious and uninterrupted care Note after this to account for the comparative mildness of Tuscany and Russia. On the other hand for the correspondent and opposite reason the greater the counterforce having place as above in the frame of the government itself the less the need of any such /this same/ extraneous counterforce. Accordingly In the Representative Democracies of the Anglo-American United States for example, any such security might as far as /regards/ government were in question be left out of the case /omitted/ /extinguished/ with least inconvenience. Accordingly at one time, partly in consideration of the annoyance to individuals in a season of comparative inexperience endeavours were used /employed/ to extinguish it. But in that Government the greatest happiness of the greatest number being the very end, and sole end in view of the Government, and by every individual seen to be so, this security, far from being suffered to remain in an enfeebled state bound in ill-considered shackles, was soon /presently/ restored, and now for the universal comfort being set down on the rock of uncontested[?] and full experience, is established for ever in all its plenitude.
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Title: [[clx. 375] 1822 July 22 Constitut]Description: [clx. 375] 1822 July 22 Constitut. Code Exposition Securities Counterforce 5. Moral Responsibility Public Opinion Tribunal Ch. or ?.│ │ Security the │ │. Counterforce the 2d. The popular or Moral Counterforce. With the topic of moral responsibility others of prime /cardinal/ importance are inseparably connected: the force /the nature/ of the popular or moral sanction, the force of the Public-Opinion Tribunal, Trial by Jury the liberty of the press, the general liberty of discussion the admission or exclusion of factitious honor, or say factitious dignity, in all its several shapes
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Title: [[clx. 368] 1822 July 16 Constitut]Description: [clx. 368] 1822 July 16 Constitut. Code Rationale Securities Counterforce 5. Moral responsibility Public Opinion Tribunal Remuneratory power ?. Applications proposed of the remuneratory portion of the power of the Public Opinion Tribunal. As the Public Opinion Tribunal by the counterforce it applies to /with which by its punitive force /power/ it antagonizes with/ the powers of the government it /the Public Opinion Tribunal/ contributes to keep it in check and keep its course within the path marked out /indicated/ by the greatest happiness principle thereby operating as a security for appropriate moral aptitude on the conduct of rulers as such, so may it in no inconsiderable degree by its remuneratory power. Accordingly on several occasions, the use here proposed to be made of this instrument of benficial /good government/ will present themselves to view
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