[036-115v]

1821 Novr 19

Codification Proposal

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Inserendumae

In the course of the Arguments /may be found/ an acknowledgement may be found that to the drawing up on the plan in question an entire body of law expressed throughout in terminis no man can be competent if it be for the use of any other political state than the one with the peculiar circumstances of which he has made obtained such an acquaintance as can rarely have been obtained by any one who is not by birth a Citizen of that same state But this incompetence whatsoever may be the degree of it does not extend to the original draught designed to form the ground work of such a Code: By what hand so ever the original Draught /this initiative/ has been drawn up, there will always in the [-----?] of the legislature an authority to which it will belong to revise the original Draught /this initiative/ and put the last hand to it: By this revision all objection to the making choice of a foreigner for the original draught /taking /receiving/ the original draught from the hands of a foreigner/ is removed: and the consequence is - that if by any particular circumstances the hand of a foreigner as such should be found to afford for such a fairer promise than that of a native can, any objection which on the ground of foreignership might otherwise be regarded as conclusive against the acceptance of any such offer as the present is removed.

[xxxvi. 115]

1822 June 30

Constitut. Code

Supreme Operative

I. Monarch

2. Intellectuals

If where the Monarch is a madman, the people are not worse afflicted than they are seen to be it is because in the name of the Madman it is not by the Madman himself that the determinations are taken by which the operations of government are directed but by a knot of Courtiers whom accident has thrown in his way in such sort as to have become chosen by him to be made the instruments of his will in the several departments; or rather and what is more simple some one of them who has had the good fortune to persuade him to produce in his mind the notion that by the choice of that one instrument his desires are likely to receive a more extensive gratification than by the choice of any other individual: among those several desires, the desire of ease acting always with predominant influence: acting as President as it were as President of the Council of Desires - which person /individual/ is then Prime Minister exercising the powers of the Monarch, and easing him of the whole detail of the cares of government. Certain subject matters there are about /on/ which the nominal /titular/ Monarch and the operative Sub-Monarch are always /at all times and in all places/ agreed of course: the accumulating in the hands of the Monarch of the external instruments of felicity in as large a mass as possible in particular power, money and means of vengeance: at whose ever expence on each occasion the accession is to be made: whether at the expence of his own subjects, or the members of a foreign State, or of both together, as so far as war is the occasion can not but be the case. In this they /Master and Servant in this/ behold the common end; and to the Servant it belongs to provide the means to provide labour in the shape and in the quantity necessary and sufficient for the purpose.

[xxxvi. 116]

1822 June 30.

Constitut Code

Supreme Operative

I. Monarch

2. Intellectuals

Thus far they are sure to agree. Meantime the occasions of /for/ disagreement can never altogether be wanting. With the Monarch the first object is of course to provide for his personal pleasures /gratification/. But for this no funds which it is in the power of the Minister to provide can ever be sufficient. Buildings suffice of themselves to create an appetite the satiation of which is impossible To add factitious to natural unpleasantness in one single spot during a course of years cost France under Lewis the 14th a sum - recollection is not able to state in what degree below or above the whole expence of government during that time

The whole stock of the external instruments of felicity the whole of the allotment attached to the Official Establishment is regarded by his Minister as being at his disposal. But the Monarch has his associates in both sexes and living instruments of pleasure in all its forms - in a word his favorites. These favorites are not themselves men of business or women of business But each such favorite is himself or herself as the case may be the centre of a circle of dependents among whom men of business and men desiring to be men of business are abundant. A situation becomes vacant /vacancy takes place/ and now comes the contest: the contest between the Monarchs dependents and the Minister's dependents

Meantime the process of depredation and oppression takes its /goes on its/ course: the torment of the people goes on encreasing: encreasing and in such sort that it /communes itself to/ finds its way to the breast even to the Royal or Imperial breast

How so? is it that in that breast there is or ever did exist or ever can exist any real sympathy for the misery of the people? Not until it has first existed in the breast of his equestrian Statue /bronze similitude/. But, be the Palace where it may the discontented swarm in it. Next to none can have all they wish for: and all who /every one who/ can not have all they wish for are /he wishes for is/ more or less discontented. So

many

[xxxvi. 117]

1822 June 30

Constitut Code

Supreme Operative

I. Monarch

2 Intellectuals

many discontented persons so many eventual tale bearers and accusers of the Minister watching every occasion that affords a promise of being a favorable one. A misdeed /class of misdeeds/ the like idea of which is at all times in every state of things of a nature to excite in the royal breast a sentiment of displeasure is any /every/ considerable depredation in the benefit of which he has not either in his own person or in that of a favorite any share. A misdeed which in ordinary times in the ordinary state of things, or if in extraordinary /an ordinary/ shape is not of a nature to produce any such displeasure, is a misdeed productive of human suffering by /from/ which whatsoever be the amount, no /does not present itself as pregnant with any/ disturbance to his ease is apprehended which threatens not to be productive of any worse consequence of an unpleasant nature to his royal self: of any thing worse than suffering how great soever may be the amount of it on the part of the people. But by those by whom injury - injury in all its forms day by day done to millions and to many of them in its worst forms no sufficient assurance /certainty/ can ever be obtained but that among the millions whom injury /oppression/ has wounded there may be some one into whose hand despair may have put the dagger of an assassin /assassination/: but that of /[...?]/ so many thousands who are risking /throwing/ away their lives in the endeavour to destroy by thousands strangers none of whom have done them any injury some one may turn /stand/ up and turn the instrument of death against an individual against whom there is no other means of defence whose whole life is one continued act of injury. from beginning to end is an undiscontinued act of injury to the millions whose lot has thrown them at /cast them under/ his feet. Fear of personal safety is therefore of necessity an attendant /among the attendants/ at every throne. When by the lips of an aspiring tale bearer hints are given of the suffering endured by the oppressed people, Fear presents of course to Imagination the connection which so unhappily /inconveniently/ has place between the production of human misery and the endurance of it.

[xxxvi. 118]

1822 June 30.

Constitut. Code

Supreme Operative

I Monarch

2. Intellectuals

Thus it is that /Meantime/ whether sanity or insanity be the state of the Monarch - whether in the acts to which the name of the Monarch is affixed, the judgment and the individually directed /applied/ will have any or no part, be the whole tenor of the government more or less predatory, more or less oppressive - the suffering of the people more or less conduct, the conduct and frame of mind of the Monarch present in all statements which have any pretension to the character of authenticity the same aspect of consummate /unrivalled/ and unvaried excellence. For the bodies of two Monarchs, two portraits both indeed beautiful but beautiful in two different forms are found necessary: but for the minds of the two one and the same portrait always serves, is always found sufficient.

In England of the so many hundreds of laws passed every year not one is passed in and by which the King does not join with the sham representatives of the people and the too real representatives of the people, in declaring himself to be Most Excellent. By the universal confession /declaration/ of all who join in the devotion in a Church of England Church and by an unrepealed Law of Elizabeth all are punishable who omitt to join in it - every English King is most gracious every King is most religious. Gracious alike he who never smiles and he who sometimes smiles: religious alike the bigot and the unbeliever: the infidel with a mask, and the infidel with /without/ a mask. Sunday after Sunday Charles the second while amusing the Lords in waiting with the pleasantry of which religion was the standing object, Charles the second who was really the most gracious of English Kings heard himself proclaimed in the same breath by those consecrated lips in the same breath the most religious.

[xxxvi. 119]

1822 June 30

Constitut. Code

Supreme Operative

I Monarch

2. Intellectuals

Of lying in all these forms Of all these lies the creature of the King Monarch has the benefit whether in the exercise of his power he be or be not occasionally disturbed by his creator or continues perpetually undisturbed: and thus it is that, for a time more or less considerable whether the creator be sane or insane so long as the insanity remains unconspicuous the powers of government may continue in exercise without much perceptible difference worth thinking of.

[xxxvi. 120]

1822 July 2

Constitut Code Rationale

Supreme Operative

I Monarch

Instruments

Sir Hadebras[?] his casting worth

The manner how he sallied forth

?. Monarchy - its instruments - corporeal and incorporeal

Seen above, the frame of mind given to man by this /that/ situation: seen him above in disposition - in preparation Behold him now in action. In the field of society of social /political/ life action can not be without instruments. Behold now his instruments

Instruments /real and/ corporeal and real, three: the Soldier, Lawyer, Priest: instruments fictitious incorporeal nominal, four: force, terror /fear/, corruption, delusion: with these incorporeal instruments, he /the one/ by the hands of his corporeal instruments works

For the sake of an always questionable and at the utmost imponderable and comparatively inconsiderable addition to his own felicity, to give existence unquestionable existence to human misery /suffering/ in all its shapes and infinite in quantity immense and indefinite this is that /the course of action/ which at every moment of his life the sinister interest inseparably attached to his situation prompts /urges/ him to: power being in adequate quantity always in his hands, correspondent /this which /such as/ has been mentioned/ is the result

Their felicity being by their situations dependent on his will, such as his interests are such are theirs. By his interest he is rendered the implacable enemy of all who are subject to his power: his interest being made theirs people find these too added to the number of their enemies in these the people feel so many subordinate enemies whose function consists in giving accomplishment to the inimical wishes of the arch-enemy

Fear. Synonyms, terror - intimidation.

[xxxvi. 121]

1822 July 2

Constitut. Code

Supreme Operative

I Monarch

Instruments

Arch-forciant - Arch terrorist - Arch-Corrupter - Arch Deluder - this he is by the mere virtue of his situation without need of action on his part without need of so much as volition on his part, without any such interruption to his ease: they in their several situations Sub-forciant, Sub-terrorist, Sub-Corrupter, Sub-Deluder

As to the corporeal instruments each of them contributes in his own appropriate /particular/ way to the common end, the fulfilment of the constantly sinister will of the public enemy of the peoples all powerful /irresistible and implacable/ enemy. In one way or other, on one occasion or other, all these several incorporeal instruments of misrule operate in their hands: but by this or that corporeal this or that incorporeal instrument is made most use of /most handled/, by this or that other corporeal this or that other

1. As to the Soldier. Function and destination of the Soldier Manner in which under a Monarch or in a Monarchy he contribtes to the fulfilment of the sinister and irresistible will - to the performance of the sinister sacrafice.

Force and intimidation are the incorporeal instruments which in the more direct and intentional way the Soldier is occupied in applying /the making application/ to the all-embracing and constantly pursued purpose. But by his pay and other [...?] he is made to belong added to the Monarchs stock of the instruments of corruption: while by the place he occupies in the vast machine /Puppet shew apparatus/ of which he is one of the puppets, and and the glitter with which he is invironed, he contributes at the same time to the amusement of his owner the great baby, and to the delusion of the subject many, fascinating and setting to work their imagination, perverting their judgment, and from the power and splendor which they see causing them to infer the existence of the excellence, moral and intellectual which they imagine.

Note a

(a) (Arch-forciant)

English lawyers have in their language in their branch of the flash-language a deforciant: a man by whose force some other man is put out of the possession of something that of right belongs to him.

(b) (Arch-forciant Arch-terrorist etc) Synonyms - Forcer-General, Terrifier - Intimidator-General - Corrupter-General Deluder-General

[036-122v]

1821 May 14

Codification Offer

'.4. Draughtsman single

First then as to absolute aptitude as just explained. On the part of the draught, absolute aptitude will be as the relative aptitude of the workman or workmen by whom it is composed. As in other political situations, so in this, appropriate aptitude divides itself into three branches: appropriate moral aptitude, appropriate intellectual aptitude, and appropriate active talent: and in the case of intellectual aptitude appropriate knowledge and appropriate judgement may require to be distinguished.

As to appropriate moral aptitude, in the present case it consists in neither more nor less than the disposition, so it be the effectual disposition, to take from first to last for the object pursued in and by the work, the all-comprehensive and only justifiable end so often mentioned.

It is this which in the order of importance and thence of regard claims the first place: for wherever /in so far as/ in this shape aptitude is deficient the work may, instead of coming near to that end, be found to have been made to diverge from it but the further, by any extraordinary degree of appropriate aptitude in those other shapes. If so it be that, has among its objects, the formation of some particular interest - and this at the expence and by the sacrifice of the greatest happiness of the greatest number, the more consummate the aptitude of the workman in respect of intellectual power and active talent in relation to that end, the more extreme will be that sacrifice.

[xxxvi. 122]

1822 July 2

Constitut Code

Supreme Operative

I. Monarch

Instruments

Lawyers

2. Next as to the Lawyers. External enemies are the enemies against whom the force and intimidation by which the Soldier operates are principally and most avowedly prepared: but incidentally as often as occasion calls force has for its destination the being employed against the subject citizens in the character of most natural, most constant and nearest enemies. As to the force /scale/ the force which it is his destination to apply is in each individual case /instance/ applied upon the largest scale. The subjects /enemies/ to which that force is applied which is at the command of the Lawyer are no others than these same internal enemies, and in its application to them it operates upon the smallest scale: if the scale is to a certain degree enlarged, that force is called on which has been lodged in the hands of the Soldier is called on

Force and intimidation are the only instruments to the use of which the operations of the Soldier are purposely directed. Of corruptive influence he has /sees/ no need: of delusive influence as little

Delusion is the instrument for the application of which the powers /faculties/ of the lawyer are principally applied with most constancy and most energy and most constancy

By the force of his imagination he creates a sort of God or Goddess upon Earth, a sort of Divinity which he calls Common Law. Of this Goddess the principal and unavoidable occupation is to find /in finding/ pretences for giving fulfilment to the Monarchs sinister will as evidenced by his sinister interest: to lodge in the hands of the Monarch the external instruments of felicity in the largest quantity, to exercise for that purpose the arts of depredation and oppression all this for the benefit of the Monarch: his subordinate occupation subordinate in profession, principal of course in dsign and [...?] is to exercise the same arts for his own benefit.