[xxxvi. 132]

1822 June 29

Constitut Code

Supreme Operative

I. Monarch

His interest sinister

As to security against misdeeds on the part of functionaries - security against the abuse of his own power - the very idea of it is intolerable, as if in his hands power were exposed /capable/ of being abused! as if wrong could be done by him by whom no wrong can be done - by him, by whom /for whose benefit/ of that which if done by another would be wrong, is by the mere circumstance of its being by him that it is done, converted into right.

4. Equality. In a Republic, the instrument of felicity thus denominated is watched and guarded with peculiarly anxious care. It is regarded /prized/ not only as being in its own character an instrument of felicity an instrument for producing the greatest quantity of internal felicity itself out of a given quantity of the external instruments of felicity, but an instrument of security for security itself: in particular for securing all the several instruments of felicity to all the Members of the community against the enterprizes /invasion on the part/ of such of them as have place /are/ in the situation of public functionaries

But to the Monarch the very word is an object of abhorrence. To give admission to it in the list of fit ends of the distributive branch of law, is at once to put an exclusion upon his Office: to shut the door of the Official Establishment upon /against/ his office. Of all the imaginable instruments of felicity that can be named not one is there in which he can endure the idea of seeing any other member of the community possessing an equal share

In particular not so much as an equal share in the protection of the law:- in the benefit derived from the services of the Officers belonging to the judicial department, directed, as they are or ought to be, to the securing to every Member of the community his proper share in the aggregate stock of the external instruments of felicity, against evil, in the several shapes in which it is endeavoured to be excluded by prohibition and punishment attached to the several misdeeds by which it is liable to be produced