date

[clx. 442] 1822 July 26 Constitut
[clx. 442]

1822 July 26

Constitut Code

Add to Aristocratical bodies opinion

Corruption in the largest scale, acts dishonorably

[...?] of one dishonorable but if in the [...?] or [...?] stile not so.

Case II. A man having money in his hands in the character of trustee as before, suppose a stranger suppose, by gift of money or moneys worth an annuity suppose engages him to make it over to the stranger for his the strangers own use. Here is a case to which the designation of the word corruption would commonly and naturally be applied: corrupter, the stranger; corruptee, the trustee

Case 3. Trustees two Mr Foreman, and Mr Steward; principal, one, Mr Bull. By one of the trustees Mr Foreman money is given to the other, Mr Steward: and by this gift Steward having property of Bulls in his hands gives portions of it from time to time to Foreman who applies it to his own use, and that of /spending part of it, distributing other part amongst/ a tribe of dependents

Here again is a case of corruption, beyond /out of/ dispute Corrupter, Mr Foreman: Corruptee, Mr Steward: party plundered say by analogy plunderee, Mr Bull.

Case the first shews the way in which in virtue of the self preference principle the business of government is every where carried on has every where and at all times been carried on and will every where be sure to be carried on under an absolute Monarchy

Case the third shews the way in which in virtue of the same principle the business of government is every where carried on, has every where and at all times been carried on and will every where be sure to be carried on under a limited or say mixt Monarchy. Foreman and Steward being in partnership, join in putrifying the mixture break the cobweb chains - cast off the limitations.

Case the second is interposed only for explanation sake. Under an absolute Monarchy it has place in the situation of the Monarchs subordinates and instruments in so far as occasion serves and adequately assured prospect of impunity presents itself. Under a limited Monarchy it would have place under the like circumstances. But to so vast extent is the corrupt benefit obtainable by means of the confederacy with perfectly assured impunity, that in this way it is not natural that with any considerable degree of frequency the receipt of it should have place.
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  • Title: [[clviii. 337] 1822 July 27.]
    Description: [clviii. 337]

    1822 July 27.

    Constitut. Code Expositive or Rationale?

    1. Misrule what - it has place in so far as greatest happiness end is departed from.

    2. Necessary cause of such misrule, inaptitude in rulers.

    3. Cause of moral inaptitude self preference.

    4. Effect of self-preference in a ruler to the extent of competition, real or supposed, sacrifice of all other's happiness to his own.

    5. Right and proper interest that which prompts him to pursue greatest happiness of all.

    6. Sinister interest that which prompts him to pursue his own to the sacrifice of other interests.

    7. Power in so far as given to the end, its exercise being directed to the encrease of another's happiness, a trust: in so far as directed to the encrease of any other person's happiness to the sacrifice of do. of such principal or │   │ trust, such sinister direction is a breach or violation of trust.

    8. In proportion as breach of trust has place to trustees benefit, so has corruption: trust-breaker is corrupt: acts a corrupt part.

    9. Benefit in this case is matter of corruption.

    10. Matter of corruption - its modifications. See elswhere.

    11. Commonly to corruption two parties - Corruptor and Corruptee.

    12. But the effect may be produced by a single individual: he is then self corruptor: left hand corrupts right

    13. Party, to the dtriment of whose interest corruption in a trustee has place, the principal: lawyers say [...?]-que-trust.

    14. Cases of corruption particularized.

    Case 1. Self-corruption: more common appellatives are Embezzlement and Peculation

    Mr. Steward, having in his hands property of his principal, Mr Bull, embezzles it.

    15. Case 2. Trustee, one Mr. Steward. Principal, Mr. Bull. Stranger Mr Frank, by benefit to Steward, engages him to allow Frank to purloin it.

    16. Case 3. Trustees two. Mr. Foreman, Mr. Steward. Foreman and Steward having property of Bulls at their disposal, Foreman and Steward by confederacy give each of them a part to the other.

    17. Case 1. Absolute Monarchy

    Case 3. Limited Monarchy. Foreman and Steward being parties break the cob-web-chains, cast off the limitation.

    Case 2 is mentioned for explanation: occurrs on occasion under absolute Monarchy: under limited the need of it is superseded by │   │ and impunity.

    18. In Monarchy, whether in Monarch's situation corruption can have place, depends on the theory on which the Monarchy is justified: │   │ as a relation between Monarch and subjects.
  • Title: [[clx. 441] 1822 July 26 Constitut]
    Description: [clx. 441]

    1822 July 26

    Constitut. Code

    In general where /when/ corruption is spoken of as having place two parties are considered as having been concerned in it the one a party corrupting a corrupter - by whom the matter of corruption has been administered; the other a party corrupted - say a corruptee, to whom it has been administered and if received by whom it has been received

    But the same effect may be, and is produced in cases where no such two parties have place: where the benefit in question being a benefit which ought to have been applied to the use of another party - say of the community at large, say of any individual or individual members of it, has by the party in question it being at his disposal, applied to his own use, or what comes to the same thing to the use of some other person or persons to whose use it ought not to have been applied.

    In this case, if two parts to the act are to be considered as having place it is by one and the same person that the two parts are acted: the same person is at once corrupter and corruptee: left hand corrupts right.

    Case 1 In the character of a trustee suppose a man to have in his hands money, in trust to apply it to the use of another stiled in common language his principal, in lawyers language his [...?-qui-trust. If instead of to the use of his principal he applies it to his own use, here coruption has place, but the act by which it is performed is not one commonly called corruption: it is more commonly called embezzlement or peculation: it might /may/ however without impropriety be stiled an act of self-corruption.
  • Title: [1822 June 16 Economy etc ]
    Description: 1822 June 16

    Economy etc

    .4 Parties concerned in the corruptive process

    In the idea of corruption political corruption is necessarily included the idea of two parties as being concerned in the corruptive process - a party considered as /capable of/ corrupting, and a party capable of being corrupted /whose situation disposes him to be a corrupter, say a corrupter and a party whose situation exposes him to be corrupted say a party corrupted or a corruptee; an agent in the process of corruption, and a patient. The corrupter is the party who being intent on the maintaining /keeping up/ for his own benefit the sinister sacrifice applies himself /his endeavours/ to the party corruptible for the purpose of obtaining /securing/ his cooperation

    [Marginal note]

    where the disposition and tendency is fostered by the correspondent act, a corrupter and a corruptee.

    Functionaries considered as exposed to the corruption to corruption require /may be/ in the first place to be distinguished into functionaries of /whose place is in/ the highest rank in the scale of subordination and functionaries whose place is in any inferior rank. In respect of the importance of its effects, in comparison of corruption on the part of functionaries of the highest rank the utmost evil producible by functionaries in any inferior rank /subordinate rank/ is so inconsiderable that for the present it may be discarded /put out of consideration and put aside/

    Two parties being supposed necessary Corruption in the highest rank supposes and requires for its existence a division of the powers /power/ of government in that rank: in one place a corrupter, in another place a corruptee.

    In an absolute monarchy called also a pure one in the highest rank either corruption has no place, or the same individual the Monarch is corrupter and corruptee. No person besides himself being in that same highest rank, he performs the sinister sacrifice with his own hands and without need of cooperators, in any other capacity than that of blind instruments the sinister sacrifice.