[clx. 401]

1822 Decr 29

Constitut. Law

I Monarchy?

Publ. Opin. Tribunal

Sect Democrat Aristocrat

Aristocr - its adverse influence

The judgments of the Public Opinion Tribunal are the matter of which the system of morality - the law of morality which is in force /acted upon/ is composed. The law /morality/ of the entire tribunal and which is consequently the of the democratic section is in so far as its own interest is rightly understood by it favorable to the interest of the greater number: the morality of the aristocratic section is favorable to the interests of the ruling and influential few, hostile and pernicious to the interests of the greater number /many/: it is therefore a system of immorality, cloathed in the garb of a system of morality

In the case of the direct system of /direct/ depredation /in the direct mode/ the members of the aristocratical Section, by means of the power of government in their hands, force /extort/ for their own exclusive emolument, the matter of wealth from the hands of the members of the democratic Section as well as from those of the aristocratic, and by the same measures: the members of the aristocratic having their contributions returned to them with profit, those of the democratic receiving no such return.

In the case of the indirect system what is done is done not by authority of law given to force, but by exemption and impunity given to fraud: swindling when exercised by Members of this Section for their own benefit, rendered unpunishable by their being exempted from the operation of penal laws to which those of the democratical are kept subjected. In the form in which if at all the depredation must be exercised by the democrat, punishment is made to reach it: in the form in which it is only by the aristocrat that it can be exercised it is exempted from punishment. Thus the benefit derivable from the unpunishable enormity is a premium given by the aristocratic legislators for depredation for their own benefit. They are thereby suborners of, and accomplices in every act of depredation /such swindling/ which in consequence of the encouragement thus given is at any time committed. The estates of those who have concurred in opposing the abolition of this exemption ought to be employed in making good the losses thus produced.