[clx. 342]

1822 July 13

Constitut Code

Securities Counterforce

4. Legal responsibility

5. Moral responsibility

Thus much /far/ as to an absolute Monarchy. In the case of a Limited Monarchy the case /matter/ /result/ is not /the state of things is not in this respect/ materially different. In this case likewise the power of giving impunity to any one and every one is commonly given even by law: such is the general rule: and if in words and shew there be any exceptions, the extent given to them is extremely narrow, and even to /in/ that extent they are without substance and effect. As to this point, /the main difference/ between an absolute and a limited Monarchy the main difference consists in this: the impunity which in a direct and open way might by law be alike effected /conferred/ in both Monarchies is in an absolute Monarchy accordingly conferred in a direct and open way, in a limited Monarchy in some indirect and concealed way in preference. In a limited Monarchy the acts of the Monarch and his instruments are necessarily in one way or other more exposed to observation than in an absolute Monarchy. Suppose then a case in which the grant of impunity would in the eyes of the public be in a flagrant degree repugnant to the received notions of justice, there may be a convenience in employing some indirect and covert method in preference to /rather than/ a direct and open one for the production of the effect. A party of Soldiers for example are thus set on and employed to slaughter peaceable a company of men /malcontents/ whose abstinence from all violation of the law has rendered it impracticable to apply to the same purpose the hand of a Judge. The Monarch if he pleased might first give the order to the slaughterers and then pardon them. Under the Constitution, such is its excellence he might kill his subjects the whole multitude of them and the law /no law/ still remain unviolated. But were this the course, sooner or later, resistance might here and there be made and disturbance be thus given to his ease the gard for ease requires that a course more or less direct and conspicuous should be given to vengeance The slaughterers might be sent out of the way, or rendered undistinguishable. Should the resources of this physical kind fail, the state of the law Judicatories and Judicial Procedure affords them in such multitude, and such intricacy that the list of them if rendered intelligible would influx to fill /compose/ a volume.