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[clxiv. 114] PRIVATE
1820 June 24
Emancipation Spanish
? Corruptive influence
5. Mode of operation
In a certain sort situation /In certain situations/ subornation may with equally indisputable propriety be considered as having been committed by a man without his having taken in either of the two ways justmentioned a part that can with propriety be termed active. Of the number of these situations is every political situation in which a chance - more or less probable /considerable/ of being able whether by his sole exertions or by those in conjunction with the exertions of other persons to prevent the misdeed from being committed, and so /or/ the evil from being produced, is in his power
Correspondent to every species of positive misdeed, whether a political transgression /misdeed/ in the political sense or only in the moral sense, is or may be a negative misdeed or transgression. The observation covers not only the whole field penal law but the whole field of morals, and may be seen brought to view and more or less developed for the first time by Bentham in the context of those works of his which have been published by Dumont. (Anglice misprision of treason the only instance
Whether it be in the active or only in the passive way, a man may either on the occasion in question be /have been/ a sole suborner - a singly adequate suborner, or a suborner who is no otherwise adequately so than in concurrence with associates in power - a singly inadequate suborner.
In this latter case, what may or may not have been in the power of the individual in question is - to prevent the profit the temptation from presenting itself - to prevent the profit the mass of the matter of good in question from coming within the reach of the author of or contributor to the misdeed with its evil in the event of the misdeed's being committed: but what can not but have been in his power is the using /employing/ of his endeavours with sincerity towards the production of that desirable result.
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Title: [[clxiv. 110] 1820 June 24 Emancipation]Description: [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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Title: [[clxiv. 108] 1820 June 24 Emancipation]Description: [clxiv. 108] 1820 June 24 Emancipation Spanish ? Corruptive influence 5 Mode of operation 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.
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Title: [[clxiv. 106] 1820 June 24 Emancipation]Description: [clxiv. 106] 1820 June 24 Emancipation Spanish ? Corruptive influence 5. Mode of operation The /These/ terms suborner and subornation have not with equal frequency been applied to misdeed in any other shape, to misdeeds bearing any other denomination with so much frequency as to misdeed in the shape of perjury: misdeeds in the shape of perjuries. But whether it for the purpose of prevention and thence of exposure, there is a no less uncontrovertible demand for it in the case of misdeed in any other shape than in the case of misdeed in this shape. Indeed if there be misdeeds the mischief /evil/ of which is greater than the mischief /evil/ from perjury, in the instance /several cases/ of all these several misdeeds the demand for it is greater than in the case of perjury: and the greater the evil the mischief, the more imperative the demand. As to the sort of misdeed here in question, whatsoever may be its particular nature and effect in particular situations, it comes under /it may be expressed by/ the general denomination of a breach of trust. The sort of trust here /on this occasion/ considered as liable to be broken is a public trust: a trust in the case of which the trustee is, as above, a person possessing some /a/ share more or less considerable in the mass of power of the aggregate of which the power of government is composed; and the persons for whom he is in trust, the whole body of the people, composed of all the members of the community in question, ruling few and subject many together, are the persons for whom he is in trust.
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