[036-123v]

1821 Nov. 26

Codification Proposal

'.5 Draughtsman single

I. It is the interest of the community at large /greatest number/, that while the facility of obtaining the service due from Judges to suitors be as great as possible, the number of instances in which application is actually made for it be as small as possible: that thus the aggregate /the quantity/ of the evils of litigation namely, expence delay and vexation be as small as possible. It is the interest of the lawyer class that the number of these applications be as great as possible: that so of the quantity /aggregate/ of the expence the portion /the quantity of/ which in the shape of professional profit comes into their hands may be as great as possible.

II. It is the interest of the greatest number that the expence attendant on those same applications be as small as possible It is the interest of the lawyer class that the quantity of their profit be as great as possible, and thence that the expence to which their profit bears a proportion /every part of the expence by which their profit is encreased/ be as great as possible

As it is the interest of the greatest number that, consistently with the utmost facility of demand and defence the number of suits of all sorts be as small as possible, so is it the interest that of all circumstances the effect /tendency/ of which is to give encrease to the number the force should be as small as possible. For the same /opposite/ reason it is the interest of the lawyer class that that force be as great as possible.

[xxxvi. 123]

1822 July 2

Constitut. Code

Supreme Operative

I. Monarch

Instruments

Lawyer

The Common Law not having any existence, can not serve as a justification for any thing. In the face of the whole [...?] community who in so far as they have courage and energy to open their eyes see that it has no existence that by the appellation Common Law nothing that has any existence is designated in the face of the whole community the existence of this Goddess is on every occasion asserted, and to this Goddess is /are/ ascribed the two wills to which execution and effect are to be given the will of the Monarch and the will of the Judge. While For the benefit of the sinister interest of the Monarch the Judge has been tormenting /inflicting evil on/ the people to a certain superior degree, the Monarch connives at his inflicting it /evil/ for his own benefit in a certain inferior degree.

[036-124v]

1822 Jan y 20

Codification Offer

'.5

'.5. The greatest happiness of the greatest number requires that, for the function exercised by the drawing of the original draught of such a Code, the competitors be as many as without reward at the public expence can be obtained: and so for that of proposing alterations in such draught as shall have been adopted. Plan for obtaining competitors

For the simple statement of the reasons which plead in favour of this arrangement the here proposed arrangement few words are necessary: but for exhibiting them in any thing like their full force would require a little volume

The simple statement may be given as follows - /the few words following may suffice -/

1. The greater the number of such draughts, each from a different hand, the greater the chance that the one which all points taken together is the fittest will be before the public eye, and in consequence be adopted.

2. The greater the number produced as above, the greater the chance that to such imperfections as may have place in that one which upon the whole obtains the preference apt amendments will be suggested by the view of those other draughts.

3. The greater the number produced, as above, the greater the chance /probability/ that the original draught will not be the work of any person, possessing /whose situation gives him/ a share in the power of giving to it the force of law, and consequently operating under the influence of those causes of inaptitude to which the work of every man in any such situation is unavoidably exposed /necessarily and continually exposed/.

[xxxvi. 124]

1822 July 2

Constitut Code

Supreme Operative

I. Monarch

Instruments

3. Priest

3. Now as to the Priest. /In his sinister operations likewise/ Delusion is the instrument most in use in the sinister operations of the Priest. /In him may be seen another of the Monarchs corporeal instruments, of whom delusion is the principally employed incorporeal instrument./ Force, physical force belongs not to his province. Intimidation, yes. But it is by delusion that the intimidation is produced. The God /Divinity/ sprung from the brain of the Lawyer is Common Law. The Divinity sprung from the brain of the Priest is Religion. The business of the Lawyer is to do in the first place the will of the Monarch, in the next place his own: these are the two ends of action the principal and the subordinate. In this the business of the Lawyer and that of the Priest agree. The /What/ difference has place between them lies in the means: in the different forms and degrees of the intimidation they employ. By The Lawyer as such the scene of the terrors he holds out is confined to the present life: the Priest provides a life of his own invention a life which he fills with instruments of /an all comprehensive instrument of/ intimidation - a life composed of /filled with/ torments in intensity and duration infinite. The lawyer in the bitterest of his inflictions left the sufferer /victim/ unbereft of hope: hope of seeing the termination of them in death: this last consolation is torn from him by the Priest: the tyranny of the lawyer is taken in hand by him improved upon to the highest degree - and from finite the suffering and the despair are rendered infinite.

A life filled with torments in comparison of which the most excruciating torments known by any man's experience would be consummate pleasure is by one general positive rule declared to be the lot of every thing in the shape of man But to this general in some indeterminate small number exceptions may perhaps /peradventure/ be found. To take a /his/ chance for constituting one of these exceptions the first thing a man has to do is to do in all things as far as lies in his power the will of the Monarch, to the production of human misery in what quantity soever it may come /chance to be/ /happen to it/ to be directed.

[xxxvi. 125]

1822 July 4

Constitut. Code

Supreme Operative

I. Monarch

Instruments

This comes after their functions

In respect of moral character /frame of mind/ widely different are the effects which under a Monarch /in a Monarchy/ are produced in the three professions

The Soldier stands by himself. In occasionally applying force and being at all times in a state of preparation to apply it Force and intimidation the instruments he applies are no other than those the /without the eventual/ application of which the best government could no more have existence than the worst. Neither corruption nor delusion does it belong to his function /province/ to apply: neither of the one nor the other instrument is the application expected at his hands: neither of the one nor of the other is it natural or frequent for him to seek to apply: delusion in particular is much more likely to find in him a contemner than an approver. /a practicer./

Between the Lawyer and the Priest the analogy /similarity/ of situation and consequently /thence/ of character /frame of mind/ is natural /close/ and intimate. In governments in a /state either reputed or called/ semi-barbarous state they have been united in the same person. In England Priests were for a long time almost the only Lawyers. The coif once the covering of the priestly tonsure still an ingredient in the composition of the masquerade dress with which the Lawyer when placed in the Judicial Office, bears evidence the primaeval association to this day.

In the Mahometan religion, the Priest if not the only lawyer is at any rate the only Judge. In England the instances becomes daily more and more abundant in which the subordinate Judicial function /situation/ of the local Judge called Justice of the Peace is added to the function performed or not performed of the Priest.

In so far as for relief from their suffering the mind of people can find a place for hope, the situation and natural character of the Soldier is the chief if not the only source that can be found for it. The great instrument of democratical government the great support of the /universal/ interest of the people against all particular and thence sinister interests - the force of the popular or moral sanction brought into action by the Public Opinion Tribunal has every where and at all times found far more sensibility to it in the breast of the Soldier than in the breasts of either of those functionaries /workmen/ who work with delusion for their instrument /tool/

Accordingly when on those great occasions on which, against oppression by Monarchs, the interest of the subjects has found effectual supporters, Soldiers have been so by thousands, Lawyers and Priests, only no otherwise than by units.

[xxxvi. 129]

1822 June 28

Constitut Code Rationale

Supreme Operative

I. Monarch

Conclusion

In no instance at no time has any attempt been made to shew that by the substitution or by the addition made of the office of Monarch to the Office of member of a body of Delegates chosen by the great body of the people any addition has been made or can be made to the greatest happiness of the greatest number In no instance can any such attempt have ever been taken into consideration but the utter impossibility of success must immediately have manifested itself.

In no instance has the attachment to any such form of government been placed upon any firmer or better ground than that of blind prejudice: in no instance will it ever be endeavoured to be placed upon any other than that ground.

In corruption and delusion in the united efficacy /conjunct force/ of these two instruments of evil has at all times been and at all times will be the only trust.

[036-130v]

1822 Jan y. 22

Codification Proposal

Inserendum

'.2. Rationale necessary or '.3. Reasons what

Taken by itself, not only every act by which punishment is inflicted, but Every act by which power is exercised by compulsory means power by any one man exercised over any other, is an evil. /For the act by which this evil is produced/ To constitute a perfect warrant for the act by which this evil is produced two points of probability must be sufficiently established: that by the evil thus produced preponderant good good to a preponderant amount will be produced; and that at a less expence in the shape /article/ of evil good in question could not by the means in question or any other means have been produced. In the framing of the rationale, both these points /objects/ will be constantly kept in view.

On the occasion of /In speaking of/ a law or body of law expressions of approbation and disapprobation - such as good and bad, beneficial and pernicious, will be /are/ seen continually presenting themselves. Till some standard is fixt, approbation or disapprobation on the part of him who thus speaks of them - the state of his mind in relation to the object /objects/ in question, not any quality in the objects themselves this and nothing more will be the thing really designated: this and nothing more, with whatsoever greater weight whose words the words are may wish to see them operate. When the rationale in question with this maxim for its ground has been established the import of these same expressions considered as indicative of qualities belonging to the states of things, acts or other events spoken of, will now for the first time now and for ever henceforward be fixt.

[xxxvi. 130]

1822 June 29

Constitut. Code

Supreme Operative

I. Monarch

1. Morals

Interest sinister

?. Monarchs interest how far opposite to, how far coincident with the universal interest

A community of interest (it may be said) has place between a Monarch and his subjects: and this community of interest will suffice for securing them against ill treatment at his hands: nay: for securing to them the best treatment in his power. True. There is a community of interest between a Post master and his Post-horses: but this community of interest does /suffices/ not suffice for saving them from an untimely death at the end of a life of torment. The interest which a Monarch has in common with his subjects is not sufficient to render him in general so well disposed towards his subjects as a Post master is to his Post-horses. By the horses nothing is usually done by which irritation and hatred towards them are produced in the breast of the Master. By the subjects much is constantly done by which irritation and hatred and continually renewed irritation is produced in the breast of the Monarch.

Spite of whatsoever there is in common between the two interests In the breast of every Monarch the tendency of his disposition is at all times and in all places to produce the greatest infelicity of the greatest number. Such is every where the tendency necessarily produced by his situation: and such every where, except in so far as accidental circumstances have risen up in opposition to such tendency has been, and so long as a Monarchy exists upon the face of the earth will be - the effect.

The more particularly the several shapes in which interest has place in the two situations are examined into - the several departments in the field of legislation to which it applies are examined into, the less numerous and extensive the seats of coincidence, the more numerous and extensive the seats of opposition as between the two interests will be seen to be.

[036-131v]

1821 Dec r 24

Codification Proposal

'.5. Draughtsman single /Admission Universal/

 29 Dec r 1821. Rewrite this text for the head of universal admiss n

First, as to universal admissibility.

To shew /For shewing/ the grounds of the conclusion formed /thus expressed/ in relation to this head, the following positions or observations require to be brought to view.

1. In a draught for this purpose, taking each part by itself, aptitude on the part of the work will be greater, if there be but one hand, than if divers hands be employed in it

2. By the draughtsmans situation with reference to /in respect of/ political power the influence of all the several causes of inaptitude on the part of the workman and the work will be modified.

3. To each such situation belongs a cause of inaptitude in the shape particular and sinister interest, strengthened by interest-begotten and other prejudices

4. In each such situation the influence of such sinister interest and prejudices receives encrease proportioned from the number of the hands: encrease originating in proportion to the number of the hands

5. As between part and part, regard for consistency of design and execution requires that the parts of this great body all of them if possible be the work of one and sand hand.

[xxxvi. 131]

1822 June 29

Constitut. Code

Supreme Operative

I. Monarch

1. Morals

His interest sinister

1. Take in the first place the two immediately subordinate ends of the Constitutional Code, 1. Maximization of appropriate aptitude on the part of functionaries; 2. Minimization of the expence attendant /attached/ to the employment of them.

1. As to expence. With relation to the interest of the Monarch /distinguish/ the aggregate of the expence may be distinguished into two portions: Portion 1. that in respect to which his profit is equal to the expence: of this portion the whole being to him so much profit. Portion 2. that in respect of which his profit though not equal to the expence, is in proportion encreasing as the expence encreases.

2. Next as to appropriate aptitude. In a Republic appropriate aptitude means aptitude with reference to the greatest happiness of the greatest number. In a Monarchy appropriate aptitude means aptitude with reference to the supposed greatest happiness of number one. But in the imagination and judgment of this same number one, the greatest happiness of this same number one will consist in the subserviency of all other wills and of the conduct of all other persons on each occasion to the will of this same number one. But what may happen and has continually been happening is - that while on the part /breasts/ of the greatest number of his subjects infelicity has been continually on the encrease, the will of number one has /shall have/ been continually doing by all and done.