date

1820 May 20 Emancipation Spanish
1820 May 20

Emancipation Spanish

'.7. Rulers gainer

'.4. Rulers gainers

7 Power - impunity

8. Profit by power through the medium of impunity for individuals of all sorts for misrule /official misconduct/ in all shapes

State superior in value to profit in the most profitable of all the abovementioned shapes, is the profit of impunity. The utmost suffering of which man is susceptible is much greater than /much more than equivalent to/ the utmost enjoyment of which man is susceptible. Supppose punishment endeavoured to be attached to the enjoyment /[...?]/ is the endeavour to enjoy at the expense of the public[?] /universal/ interest and welfare profit in all in every of the abovementioned three best[?] mentioned[?] shapes - preponderantly mischievous profit undue vengeance - undue ease, /profit by [...?]/ or profit by /in/ respect of relative inaptitude on the part of the incumbent. Suppose punishment attached to any or every such endeavour, and that notwithstanding the punishment it is still the interest of the individual to receive or pursue[?] the profit in these several shapes respectively attached to the office in these several shapes, take away the punishment, the encrease given to the value of the profit in these several shapes is manifest and proportionate and manifestly so.

But the impunity which [...?] in this shape and in this quantity the profit is small indeed in comparison of the whole mass /that of the aggregate amount/ of impunity as measured by the extent and relative profitableness of the /all/ misdeeds which by means of the aggregateness[?] of power in the hands of the body of which the functionary in question is a member is[?] more[?] secured /[...?] in the enjoyment of. See below
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    12. Of the abovementioned instruments of felicity it has been seen that with little exception each operates as an instrument for the production and preservation of the rest. in the like manner and with as little exception power in all these its shapes tends /operates/ by the whole of its mass to give encrease to itself. But with what rapidity so ever the power itself encreases, the correspondent desire the desire of more encreases with still greater rapidity does the correspondent desire - the desire of having more, encrease. It is absolutely satiable. In the breast of the ruler himself it has no bounds and is essentially incapable of ever having any - what bounds are set to it are set to it by the condition - the unchangeable condition of the people: in the first place by their disposition to patience; in the last place by their capacity of endurance.

    The greater the quantity of power in all its shapes which the rulers have in their possession, the greater is the facility they have for effecting - what is sure to be their desire and their endeavour - the sacrifice to the utmost degree possible in every shape the universal to their own particular and sinister interest.

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    1 of esteem and respect the existence[?] and value is /may be/ as[?] distinct from that of power. But

    Whatsoever quantity of power as which in these several shapes a man is or has been in possession of, profit in th esubtle and refined shapes there designated, in[?] [..?] /which howsoever/ in its amount is not the less real or the less perceptible in its effects, attaches itself itself of course to profit in that more substantial shape. Take two men, who /whom/ considered /frame of mind/ /call/ in every[?] personal and private point of view are as near as possibly the same, let /place/ one of them have occupied a public office to which power in a certain quantity is attached, which /let/ the other has never been in possession of any such office a higher degree of public esteem, respect, reputation call it what you will, will be sure to be possessed by the official than by the un-official person. Let the official person quit the office, a portion of this esteem, respect and reputation will leave him, but a portion will nevertheless remain to him.

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    Necessarily included in the possession of power is impunity - impunity in respect /on the score/ of the exercise of it: impunity in respect of all sufferings imposed on the people by the acts done for procuring in the abovementioned shapes enjoyment and the instruments of it to the rulers: impunity in respect of laws enacted /established/ for the purpose of the sinister sacrifice: impunity in respect of acts done for the same purpose in violation of the then existing laws: exemption from /security against/ punishment and exemption from /security against/ reproach.

    On any person bearing part in the production of suffering thus produced by misrule reproach may be cast in either of two /any one of three/ ways: viz

    1. By giving indication /affording information/ to the public of the evil-producing /pernicious/ act.

    2. By giving the like information with relation to the persons concerned in the commission of it /production of the mischief/

    3. By bringing to view the mischiefs resulting from it

    4 By exciting by means of general expressions of disapprobation the disapprobation and resentment of the people in relation to the persons concerned in it

    By these several means any /all/ such functionaries as in respect of the acts done by them in the exercise of their functions stand exposed to /are by the laws made subject to eventual/ punishment may be exposed not only to reproach but to punishment

    On this account it will of course be a /the/ perpetual object with /endeavour/ of both parties in this partnership to prevent /oppose an insuperable bar/ by every means in their power to preserve themselves all such information and all such reproach

    Such information may be divulgated and such reproach cast either by oral or by written discourse

    The time at which the means employed for the prevention of such divulgation /indication/ and such reproach is either antecedent to the utterance of it or subsequent to the exercise of the obnoxious act

    Applied antecedently these means of prevention are preventive compleatly and effectively preventive: not applied except subsequently, they are incompleatly and uncertainly preventive: to what /whatever/ is past they have no application, and as applied to the future they are comparatively inefficient, the effect of them being subject to all the uncertainties that attach upon discovery, prosecution conviction sentence and execution