[clxiv. 110]

1820 June 24

Emancipation Spanish

?.8. Corruptive influence

Mode of operation

King sole suborner as to prize money by droits If without the /these/ special fruits of piracy the war with Spain had been begun, the proof of subornation would not have been so clear.

By droits law not only foreigners were despoiled but his own seamen were defrauded of their rights

Among the profits to an alledged suborner from the /a/ mischief to which by an act of his - by the exercise of /given to/ a power belonging to his situation he has given /been giving/ birth, suppose in ever such great number and variety other effects, good and /as well as/ bad, to have been resulting /flowing/ from the same measure still if there be a single profit /fruit/ that he puts /sweeps/ into his pocket /purse/ though it be no more than a single one to /from/ which no profit can be shewn to accrue to any interest other than his own personal or other individual interest - the act by which in giving exercise to such his power, and thereby to the profit in question a place in his purse, may be, and can not consistently with reason and justice be denied to be, an act of subornation, the act by which he has given birth to all those bad effects, a misdeed - a transgression in the moral sense, howsoever it may be in the legal sense - if destruction of human life be among the consequences /those effects/, an act of murder, and the suborner here in question, how so ever it be in regard to other persons whose acts were contributory to those same effects, a murderer: if destruction to human life by and in the way of war, a murderer upon the largest scale: and to /into/ the list of accessories to the murder and thence of murderers, of suborners of murder for the sake and purpose of the sinister profit thus derived from it, and of the exercisers of corruptive influence one upon another, and /or/ persons yielding to the force of such corruptive influence may with indisputable propriety appertain /be aggregated/ their names and not only of the functionary into whose purse the profits of murder are thus swept /put/ /lodged/ /gathered/ by means of the war, but of all others who, with their eyes open are by their conduct active or passive contributory to the continuance of the state of things in which this destruction and impoverishment to the many with the profits to the few has its rise.
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    Where should I look for the most worthless of mankind?

    On board the Hulks (by description[?])?

    No: but in the Lords (by d o)

    5. As to the means by which, the mode in which, the instrument of corruptive influence, whichever it may be, operates: namely the relation between conduct pursued and benefit received or expected /looked for/: between the conduct pursued, by him by whom a share of the benefit is received or looked for, and his actual receipt of that same benefit.

    In the case where an influence which in its effect or tendency is considered as corruptive, operates in such manner as in effect or tendency to be productive of evil /mischief/ in any shape - a result the production of which is implied in the import of the words corruption - corruptive - and thereby to be /become/ or to be likely to be /become/ productive of a misdeed in any shape, /any shape, from which misdeed profit in any shape can be shewn to accrue/, any one, any person who is considered as being by his conduct knowingly contributory to such mischief has been, or may be considered as a suborner in relation to the misdeed by which the mischief is so produced.

    A person who in a /the/ case of perjury is considered as having caused or knowingly contributed to cause /to be committed/ a crime so denominated to be committed, is in the common language of /on/ the subject, in use to be called a suborner, and the misdeed which he committs by his being so is committed, is stiled /termed/ an act of subornation.
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    Corruptive influence operating by subornation supposes profit - the matter of good in some shape or other to belong to /have /bear a/ part in/ the case: to have place either in possession or in expectancy; and whether in possession or in expectancy, capable of being left in possession or taken away; if in expectancy, caused or suffered to come into possession, or prevented from so doing so.

    On the occasion of /In respect of/ the application of corruptive influence, in respect /on the occasion/ of subornation, the part taken by the suborner may be 1. an active one /part/ or a passive one /part/.

    It may be active in either of two ways /modes/: 1. either simply active namely by taking advantage of the /a/ connection already established between the profit of the misdeed on the one part and the commission of that same misdeed on the other and thus /thereupon/ producing the misdeed; or doubly active, namely by not only taking advantage and producing the misdeed as above, but for the express purpose of such production, giving birth to /creating/ the profit itself.
  • Title: [[clxiv. 224] 1820 July 6 Emancipation]
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    ?.8. Corruptive influence

    Corruption without Corrupter

    R. Suborners of Misrule, all non-Opposers.

    In this case - in a case where the physical /sensible/ mischief and thence on the part of the common authors of it the moral guilt is at its maximum - at its highest pitch shall the self-conscious authors of it - shall those who, by the profit they derive from it, are suborned /stand engaged /determined// to give birth and encrease to it be on the field /score/ /in respect/ of moral guilt /delinquency/ holden guiltless? No surely - if either utility /public happiness/ or consistency are objects of regard. On the score of political - of legal - delinquency, yes: but in this impunity consists consists the source and basis and source of the grievance.

    Subornation has place, as above, in regard to almost every species of mischief - in the case of almost every species of political crime.

    Subornation as also observed, may be committed either by a positive act, or by a negative act - by an omission. In a negative sense he who through the operation of a crime /misdeed/ sees mischief about to conceive /have place/, is among the authors of that mischief - is a suborner with relation to that misdeed.

    Under the English Constitution, according to an acknowledgment not unfrequently repeated, the head functionaries by whom under the monarch the mass /branch/ power belonging to the Executive department of government is exercised are responsible - responsible at any rate to Parliament - not only for every mischievous act of any which they perform, but for every act recognized as good and necessary which they omitt to perform: to perform of themselves or to propose to Parliament, as the case may be.