[xxxvi. 108]

1822 June 30

Constitut Code

Supreme Operative

I Monarch

1. Moral

Thus it is that to every practical purpose in the situation of Monarch inaptitude in that branch which stands opposed to appropriate moral aptitude should in all places and all times be regarded as consummate Be the man who he may, that thing whatever it be by the contemplation of which no uneasiness is produced in his mind, he can have no desire to /that thing, be it what it may, it is not possible he should have any desire to/ remove. Be the sufferers among his subjects ever so numerous - be the sufferings of each ever so intense ever so long protracted, seen or unseen, no uneasiness capable of procuring a relaxation of those same sufferings can ever find entrance into a breast so situated. Why? because experience being altogether wanting, no conception of those same sufferings can ever have had place in any such high-seated breast. In a word - To sympathy of affection, correspondent sympathy of conception is indispensable.

[036-109v]

1822 Jan y. 14

Codification Offer

'.6. Factitious remunerat n bad

In the case which under the sort of government in question is most likely /may at first sight seem/ to be exemplified the special remuneration plan with its evil effects as above indicated is not likely to have place. This is the case in which the original draught has for its authors a select Committee from the body of those to whom the consummative power belongs or at least the most effective share in it. But in this case the conjunct dominion of sinister interest and interest begotten prejudice and the other causes of relative inaptitude is uncontrouled and all powerful: the security afforded by the universal admission of all competitors for the initiative function being in this case by the supposition in this case excluded.

Nor upon a nearer view, is this case so likely to be exemplified as at first sight it will be apt to appear to be. For, in the case of a proposed code of the sort in question - a Code all-comprehensive and rationalized, although the consummative power can not but be in the hands of the whole legislative body, it follows not that the preparation of the original draught must be or with propriety could be in the hands of a Committee of that same body, as such. Two years is the duration of the Anglo-American Congress. Two years is the duration of the Spanish Cortes. But, for /in the case/ a work of such magnitude as the one here in question, to say /determine/ that it shall be finished in such a portion of the term of two years as shall leave a sufficient portion for the exercise of the consummative power in relation to it would be to produce /establish/, as the in so small degree probable result either non-performance or through precipitation unapt performance or even non-performance.

[xxxvi. 109]

1822 June 28

Constitut Code

Supreme Operative

I. Monarch absolute

2. Intellectuals

2. Next as to intellectual aptitude. The branch of inaptitude opposed to appropriate intellectual aptitude is also in this case at his maximum. In the article /respect/ of moral aptitude the condition of the Monarch as such being that which has been described, towards the consequence is - that towards the greatest happiness of the greatest number, all that in the situation in question could be done by intellectual aptitude if raised to its maximum would be the preserving that same greatest number from such unhappiness /infelicity/ as should in the eyes of the Monarch not be contributory to his own felicity. But by the care taken of his own felicity at the expence of theirs, their infelicity on their part may be raised to a pitch /height/ to which no limit can be assignable. Take for example the case of Frederic the Great King of Prussia See the state of the people under his government as depicted by Sir Charles Hanbury Williams Diplomatic Resident of England at his Court, in the Appendix to The Earl of Orford's Memoirs London 1822.

But in comparison of other men who have had the advantages of what is called a liberal education, intellectual aptitude is in the situation of Monarch, by unchangeable causes placed at the lowest pitch

Of the two branches of intellectual aptitude appropriate knowledge is that in respect of which the deficiency is less considerable and less uniformly exemplified In the situation of Monarch, as in every other situation, man is necessarily for a length of time more or less considerable, placed by the infirmity attached to immaturity of age placed in a state of subjection. During his continuance in that state not only knowledge at large but knowledge in some sort and degree appropriate, is injected into the infirm and unresisting mind. Knowledge? but of what sort?

Go on

1821. Nov. 26.

Codification Offer.

1.8 Foreigners Best

For example of the differences, look here likewise to the situation of Military Commander. On first point, suppose a certain degree of inaptitude — such as seems to have been not unfrequently manifested, every thing goes to ruin: ruin, which, in their case, is very apt to be beyond recovery.

Look to the situation of Finance Minister. Suppose here a correspondent degree of inaptitude, every thing though not absolutely in the gulph of ruin, may without difficulty be on the road to it. In this case, however, means for the stoppage of evil not being ever so compleatly wanting as they may often be in the case of the Military Commander, ruin not being so prompt, never can be so compleat as it sometimes is in that. Still, however, the case formed a contrast sufficiently manifest with that of the legislative draughtsman, and in particular when applying his faculties to the particular sort of work in question. This, it is true, supposed the absence of all such exclusive privileges as puts a negative upon the labours of other works in the same line. For in that case the mischief of an improper choice might be so great, and to be equal to the whole difference between the aptitude of the body of the law, taken in the state in which the function of drawing into a new and was committed to the foreigner's hand, and that of the most apt body of law which, supposing him out of the way, would have been drawn up by another hand. But in any such exclusive preference would be involved an absurdity, a further exposure of which may be seen in the next succeeding section.

One good effect for the production of which the choice of a foreigners in the case in question bids fairer than the choice of a motive, remains yet to be brought to view. This is the superior probability, with which, for a body of law framed in its original state by a hand thus circumstanced, a hope may be entertained of its receiving adoption at the hands of other nations. Supposing any such acceptance given, the consequence is, over and above whatever good may come to be produced by it in each nation taken singly, the benefit that can not but be produced by it in the character

[036-110v]

1821. Nov r. 26.

Codification Offer

'.8. Foreigner best

For example of the difference, look here likewise to the situation of Military Commander. On his part, suppose a certain degree of inaptitude - such as seems to have been not unfrequently manifested, every thing goes to ruin: ruin, which, in their case, is very apt to be beyond recovery.

Look to the situation of Finance Minister. Suppose here a correspondent degree of inaptitude, every thing though not absolutely in the gulph of ruin, may without difficulty be on the road to it. In this case, however, means for the stoppage of evil not being ever so compleatly wanting as they may often be in the case of the Military Commander, ruin not being so prompt, never can be so compleat as it sometimes is in that. Still, however, the case forms a contrast sufficiently manifest with that of the legislative draughtsman, and in particular when applying his faculties to the particular sort of work in question. This, it is true, supposes the absence of all such exclusive privilege as puts a negative upon the labours of other works in the same line. For in that case the mischief of an improper choice might be so great, as to be equal to the whole difference between the aptitude of the body of the law, taken in the state in which the function of drawing up a new one was committed to the foreigner's hand, and that of the most apt body of law which, supposing him out of the way, would have been drawn up by another hand. But in any such exclusive preference would be involved an absurdity, a further exposure of which may be seen in the next succeeding section.

One good effect for the production of which the choice of a foreigner in the case in question bids fairer than the choice of a native, remains yet to be brought to view. This is the superior probability, with which, for a body of law framed in its original state by a hand thus circumstanced, a hope may be entertained of its receiving adoption at the hands of other nations. Supposing any such acceptance given, the consequence is, over and above whatever good may come to be produced by it in each nation taken singly, the benefit that can not but be produced by it in the

character

[xxxvi. 110]

1822 June 30

Constitut. Code

Supreme Operative

I. Monarch

2. Intellectuals

The answer is - no matter of what sort. This answer is the only proper one. In respect of moral aptitude, the mind [...?] condition and situation of the royal pupil being what it is, any infirmity /vacuity/ in his mind, even supposing it ever so compleat /perfect/ can scarcely be matter of regret: the knowledge supposing him to have any, the sound judgment supposing him to have any - could not in that situation be applied to any other purpose than the giving extent and promptitude to the sinister sacrifice.

It being thus certain that in /with/ a receptacle thus /so/ situated nothing /no sort of matter/ contributory to the greatest happiness of the greatest number could keep its place even if injected which is what it never would be it may therefore /accordingly/ be stated as a matter not worth thinking about with what rubbish the receptacle which in an ordinary situation /the opposite state of thing/ might be [...?] with matter contributory to the greatest happiness of the greatest number may happen to be filled As no considerable good could /degree could good/ be produced by any such injection so neither could any evil good could not in any considerable degree be lodged so on the other hand neither could evil. Take for example information /indication given/ concerning the most apt /best adapted/ means for promoting the only interest which can be the object of regard - means for giving the maximum of extent and promptitude to the sinister sacrifice. A scheme of instruction, by which all such pernicious knowledge would be excluded would it not be preferable it may be asked to a scheme in which it were comprized? The answer is - No. For in this way the supply afforded by others the supply afforded by the Minister /servant/ whoever he happens to be who /whose destiny it is to/ holds the seals of office when the royal pupil holds the sceptre this supply will at all times be perfect this cup will at all times be full, and by no quantity which has his breast for the seat of it, can any addition ever be made

[xxxvi. 111]

1822 June 30

Constitut Code

Supreme Operative

I. Monarch

2. Intellectuals

To the situation of Monarch it belongs to find will: to the situation of Minister it belongs to find knowledge, to find judgement and if need be to find invention such as on each occasion shall be necessary and sufficient to the giving effect /accomplishment/ to that will. But to do so requires a degree of exertion of mental labour much beyond the greatest quantity which in the situation of Monarch it /[...?] the expectation of it, it/ is consistent with human nature to bestow: this being the case /admitted/ it follows that by /from/ no stock of appropriate knowledge which in the situation of Monarch the mind of man is capable of possessing /finding room for/ can the stock /mass/ which will be applied to the business of government receive encrease.

[036-112v]

1821 Dec r 22

Codification Proposal

'.5. Draughtsman single /Admission Universal/

'. The greatest happiness of the greatest number requires, that from every person without exception proposed original draughts be admitted. Plan for giving the utmost practicable encrease to the number of such rival draughts.

What is above has for its subject the characteristic nature and plan of the proposed work.

What follows has for its subject the choice of hands for the execution of it: always remembered that the work in question is - not a body of law in its ultimate shape - in that the state in which it received the sanction of law from sovereign authority of the community, but only the original draught, drawn up in the view of its eventually receiving the sanction of law as above, after undergoing any such alteration as by that same authority shall have been made in it. To give to any such draught the force of law is to exercise the highest imperative power in the state. By the mere preparing of any such draught for the choice of those to whom that power belongs, no power at all is exercised.

As to the choice of hands the result of the present enquiry, and is accordingly here maintained may be summarized in the first place by three short phrases

1. That this same original draught should be the work of some one hand, and not of any greater number of hands /1. Draughtsman single - his singleness and his personality that there is but one, and who that one is being known/ The reason is - /Cause or reason -/ that in the case where there is but one hand and that hand known the danger of inaptitude on the part of the work will be obviated by a security which in the case of divers hands does not operate, if at all, with such considerable force. This security is the tutelary /guardian/ power of the tribunal of public opinion.

2. For choice, [...?] rival works from as many hands as well each working singly. Cause or reason, taking the best chance for the best service

3. Remuneration, for this service alone, and at the public expence, none.

Cause or reason, on the part of the arbiter or arbiters the reward, by the opportunity afforded of serving self-regarding interest to gratifying private sympathy leads to diminution of the number of the competitors.

[xxxvi. 112]

1822 June 30

Constitut. Code

Inserendum

Supreme Operative

I Monarch

2. Intellectuals

One thing of which the non-injection is certain /matter of certainty/ is soon stated: this is the principle /axiom/ by which the greatest happiness of the greatest number is stated as the only justifiable end of government. That no such position could by any preceptor be placed before the royal pupil in the character of a true one is sufficiently evident, for in this position among others the content of a Constitutional Code are /is/ included this namely that no such office as that which he is destined to fill ought to have place in any community, and that the only good act which he who is invested with it /capable of being done by any one who is in it/ is to suppress it to strike it out of the Official establishment or to abolish the system of government of which it forms a part to substitute a representative democracy to the whole of the system of government of which it forms a part. No such advice will the preceptor ever give Various are the inducements it need scarce be observed, any one of which would abundantly suffice to produce this negative effect: to the community the advice would be unavailing for in no case would the pupil follow it: to the pupil it would be unpleasant: to the prospects of the preceptor ruinous

The only right and proper end of your Government is your own greatest happiness - suppose /take/ this commodious axiom substituted to the other incommodious one, the two latter inconveniences are avoided, and while to the interests of the community at large no injury /damage/ is done, since /forasmuch as/ by any advice to the opposite effect so many words and minutes employed in giving expression to it would be thrown away.

[xxxvi. 113]

1822 June 29

Constitut Code

Supreme Operative

I. Monarch

II Intellectuals

See Fred. the Great [...?] Augustus per Walpole

So necessarily and so intensely afflictive is the treatment which, through system and cool reflection by /from/ the most fortunate /successful/ results of sound judgment subjects are almost sure to receive at the hands of the most intelligent Monarch, that any ulterior suffering they may stand exposed to from mental derangement in the same quarter is /may be thought/ scarce worth adding to the account. But by the extraordinary proportion of the individuals known to have laboured under malady in this shape aid may be afforded towards a right conception of the character of the class, and the effect produced on the mind by power in excess.

Note

(a) In England - number of individuals in present life Ao 1821 1.,...,...

In do number known to labour under mental derangement Ao │   │. ,...

Proportion of sane to insane

In Europe, total number of Monarchical families

Among whom those known to have contained /containing/ within these │   │ years individuals /known to be/ labouring under mental derangement or under a degree of imbecillity such as to prevent them from taking any regular cognizance of the business of the government

I. Monarchial families known to have contained individuals /Monarchs/ known to be labouring under mental derangement

1. England - George 3

2. Naples

3. Sardinia

4. Prussia

5. Russia - 1. Peter 3. 2. Paul 1.

6. Spain - Philip 5. Charles 4.

7. Sweden Gustavus

8. Denmark Christian

9. Portugal Mary

10. Austria.

11. Saxony - Augustus King of Poland

See Walpoles Memoirs. Sr Charles Hanbury Williams diplomatic Letters.

II. Monarchial Families not known to have contained Monarchs known to labour under mental derangement

1. France

2. Bavaria

3. Netherlands