date

[clxiv. 224] 1820 July 6 Emancipation
[clxiv. 224]

1820 July 6

Emancipation Spanish

?.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.
Similar Items
  • Title: [[clxiv. 105] 1820 June 24 Emancipation]
    Description: [clxiv. 105]

    1820 June 24

    Emancipation Spanish

    ? Corruptive influence

    5. Mode of operation

    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.
  • 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.
  • Title: [[clxiv. 114] PRIVATE 1820 June 24]
    Description: [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.