JB_160_403.xml

Title: [[clx. 403] 1823 Jany. 22 Constitut]

Description: [clx. 403]

1823 Jany. 22

Constitut. Code

II. Constitutive

Ch.5. Constitutive

Universal dislocative -why

Corruption analysed

15. Pub. Opin. Trib. insufficient

Of the Public Opinion Tribunal the two great and between them all-comprehensive Sections - the democratical and the aristocratical - have already been brought to view: members of the democratical the subject many; members of the aristocratical, the ruling and otherwise /by other means/ most influential few. To the aggregate interest of the subject many, misrule, with the depredation oppression and dissipation involved in it is prejudicial: corruption therefore as being the immediate efficient cause, and prime and universally applying /operating/ instrument of misrule. But to the aggregate interest /the particular and sinister interest/ of the ruling few, misrule, and therefore corruption is beneficial, at any rate in their sure and constant view of the matter by which every thing they say or do is determined: so far then from opposing the progress of corruption in its progress /operations/, they will of course do every thing to promote it. It is in a word their instrument, kept in operation by them for their own purposes.

True it is that of this aristocratical Section a Sub section there commonly /always/ is by whom in appearance opposition to the work of corruption will naturally be maintained. These are This section is composed of such of those corruptionists as /who/ being such in desire and expectation only, and not being in connection with those in possession, will in this way as in all others be /keep at all times/ making war with them, which they can no otherwise do than by accusing them at the bar of the Public Opinion Tribunal, and using their endeavours to draw down upon them the discontent and resentment of the people. But in no such apparent endeavour ever have they or in the nature of the case ever can they be sincere: were the desires on this occasion crowned with success the object and foundation of their own hopes would, the greatest part of it be destroyed. From any exertions they can make, no such catastrophe however have they to fear. For as hath above been demonstrated, for the extirpation /exclusion/ and even for the diminution of the evil, prohibition and punishment are compleatly and necessarily unavailing: so that they may in this way /by this [...?], make sham attacks without [...?] and always /[...?]/ without any the least ground for apprehension of success

JB_160_401.xml

Title: [[clx. 401] 1822 Decr 29 Constitut]

Description: [clx. 401]

1822 Decr 29

Constitut. Law

I Monarchy?

Publ. Opin. Tribunal

Sect Democrat Aristocrat

Aristocr - its adverse influence

The judgments of the Public Opinion Tribunal are the matter of which the system of morality - the law of morality which is in force /acted upon/ is composed. The law /morality/ of the entire tribunal and which is consequently the of the democratic section is in so far as its own interest is rightly understood by it favorable to the interest of the greater number: the morality of the aristocratic section is favorable to the interests of the ruling and influential few, hostile and pernicious to the interests of the greater number /many/: it is therefore a system of immorality, cloathed in the garb of a system of morality

In the case of the direct system of /direct/ depredation /in the direct mode/ the members of the aristocratical Section, by means of the power of government in their hands, force /extort/ for their own exclusive emolument, the matter of wealth from the hands of the members of the democratic Section as well as from those of the aristocratic, and by the same measures: the members of the aristocratic having their contributions returned to them with profit, those of the democratic receiving no such return.

In the case of the indirect system what is done is done not by authority of law given to force, but by exemption and impunity given to fraud: swindling when exercised by Members of this Section for their own benefit, rendered unpunishable by their being exempted from the operation of penal laws to which those of the democratical are kept subjected. In the form in which if at all the depredation must be exercised by the democrat, punishment is made to reach it: in the form in which it is only by the aristocrat that it can be exercised it is exempted from punishment. Thus the benefit derivable from the unpunishable enormity is a premium given by the aristocratic legislators for depredation for their own benefit. They are thereby suborners of, and accomplices in every act of depredation /such swindling/ which in consequence of the encouragement thus given is at any time committed. The estates of those who have concurred in opposing the abolition of this exemption ought to be employed in making good the losses thus produced.

JB_038_212_001.xml

Title: [1823. June Constitut. Code]

Description: 1823. June

Constitut. Code

S. Public Opinion Tribunal

1.

Democratical and aristocratical — two sections into which the whole Public Tribunal is, and every local section of it is liable to be divided. Members of the aristocratical, the ruling and the influential few, enemies of the greatest number and its happiness.

2.

Subsections of the Artistocratical section enumerated. See Letters to Toreno

3.

Hence, instead of a security against misrule, this section is author and instrumental of d o. In a non military way, it is to the community what an enemy's army in the heart of the country would be in a military way. Against not by or for these, is the security in demand.

Good government requires — not maximization, but nullification of their influence.

4.

Objection. Suppose the greatest happiness of this smallest number entitled to no regard, thus are they devoted to the destruction.

5.

Answer, no: in so far as the interest of the few coincides with, or is not hostile to d o. of the many it will be protected along with theirs: only in so far as promoted by sacrifice of many's interest, will it be curbed.

6.

On no point is the interest of the many opposite to that of the few, except as to the being protected against depredation & oppression by the few.

7.

By no exercise of depredation or oppression on the few could the many fail to be equally plundered & oppressed.

8.

But in any proportion and with any degree of permanence, are the many liable to be plundered and oppressed by the few. Witness almost universal practice.

9.

Between the few and the many, no line of demarcation can at any point be drawn when by and for the many the first few had been plundered and oppressed, a second few would be fastened up on and treated in the same manner, and so on

10.

At and by the very commencement of such a plan of plunderage, universal destruction of property, thence of subsistence, and existence, would take place. For further details, see other papers.

11.

Objection. Still, even supposing a permanent line of separation between them, same interests must the few have in common with the many. See then to what parts in the field of thought and action, and government the intercommunity extends.

12.

Answer. In duriation & extent, much the same is the interest which the

12 contin'd.

the few have in common with the many, as the interest, which are hostile army, having military possession of the territory of a political community, has in common with the community.

Quere this?

13.

As to wealth, many's interest it is that it be maximized, and kept at disposal of the producers and their assigns and hindered successors. So few's, that it be maximized, but that, as fast as produced, the quantity of it at their disposal & applied to their use, be maximized.

14.

True, so far as regards matter of wealth, it is the interest of ruling few that so much as is necessary to the existence of the producing many be kept at their disposal: because, only in proportion as man exist, can they produce.

15.

No so in the case of factitious dignity. Of the ruling few it is the interest that there be factitious dignity: of the subject many, that there be none at all.

[See the Papers on Factitious Dignity.]