1821 Oct. 27

To Toreno

3 o

Letter VII

3

Here there is a class of persons /class of functionaries/ who under your Constitutional Code possess in effect the faculty of producing mischief to the subject many to any amount[?] with impunity

To /Along with/ this class exists /it has placed/ another which it has put in possession of the same faculty. I mean the lawyer class, the Members of the Judicial Establishment

In the case of this class of functionaries, a counter irremovability has place. To the King the faculty of removing them is not allowed No nor yet to the to the King and Council of State without conviction at the end of a judicial process In the […?] /the eyes/ of the Constitutional Code no small security for you between[?] was perhaps thought to have been provided. For the members of that Establishment, yes. But for the subject many no security: instead of security, artificial /factitious/ danger.

Here then to the alliance offensive and defensive against the interest of the subject many is is added another party. And thus you have in opposition to the interest of the subject many an alliance triple or tripartite. Of[?] parties three sets of functionaries all /each/ of them having an interest opposite to that of the people: no one of them, immediately or through any process how circuitous[?] so ever through any chain of operations how lengthy so ever removable by the people

Accordingly should any such accident ever happen to you as to have for your Monarch /King/ a person by whom his own particular interest or the interest of his own more particular corrulers comes to be preferred to the interest of the unknown and distant subject many, here are two bodies of men whose conduct in the exercise of their respective functions who by means of the good they placed at his disposal are placed at his disposal likewise.

Such then is your less immediate danger: and while[?] to my eyes it be not a severe one, you are in a condition, Sir, to judge. Happily the mischief threatened by it seems not to be at the same time so great and so immediate as that which is threatened by the danger first mentioned. The consideration of it may wait to another opportunity.