[xxxvi. 172]
1822 July 24
Constitut. Code Rationale
Supreme Operative?
Supreme Constitutive
in people
Enmity between high and
low is not reciprocal
The worst that could happen to the ruling and influential few from power if vested in the hands of the many that is to say /say rather/ of all themselves the ruling few included - is to see themselves, brought down to the level of /an equality/ the many in all things wealth excepted: in respect of power, to the having no more than an equal chance for power in respect of factitious honor to be without it /divested/, the many being at the same time unpossessed of it
While the triumvirate of the wealthy the powerful and the factitiously dignified reigns injustice to the prejudice of the greatest number reigns in every part of the field of government: injustice to /for/ the benefit of the /these/ few at the expence and to the burthening of the many. Suppose that portion of the aggregate mass of power which they are capable of holding - suppose the Constitutive power - in the hands of the many /greatest number/, what in respect of justice and injustice would be the consequence? Not the reverse of the present state of things: not injustice to the benefit of the many at the expence of the few, but justice to all alike
Take England for example. By the factitous expence imposed /purposed/ on justice /judicial proceedings/ nine tenths of the population to say the least are excluded from the benefit of justice as well in the character /situation/ of defendants as in that of plaintiffs. a line is thus drawn between the wealthy and the non-wealthy: wealthy all those who are capable of demanding the assistance of the judicial office; or resisting the demand when made at their charge by others: the non-wealthy all those who are incapable all those whose situation is below the line of separation are /lie/ at the mercy of all those whose situation is above it. Now suppose this factitious burthen compleatly removed, what would be the consequence? that the wealthy would be at the mercy of the non-wealthy? No: only that they /these few/ would cease to see the many lying absolutely at their mercy: and that both /in so much that the two/ parties would have to contend upon terms less unequal than at present. I say less unequal - for as to absolute equality this is what the very nature of the case absolutely forbids. For it is upon evidence that the fate of every cause depends, and evidence is not in every case to be had altogether without expence: and to the necessary amount of this expence, even when all factitious expence is struck off, no determinate limits can be assigned.
[036-173v]
1821. Nov r. 9th.
Codification Offer
Abridgm t.
'.9. Draughtsman gratuitous
'.1. Gratuitous what
Reward factitious - natural
'.9. The greatest happiness of the greatest number requires, that the original draught in question be, if possible, drawn up gratuitously: in such sort that no factitious reward, established for the purpose, at the public expence, shall be either received or expected for it: but that, under that restriction, the number of rival works be the greatest obtainable.
So far as life and ability continue, one such hand and that (as per Section 8) a foreigner's the people in question may be assured of. But, obviously, by no such assurance, the uncertainties attached to life and faculties considered, could the demand for other hands for this same work, even on the supposition of a general superiority of aptitude on his part, be superseded.
2. Even at present, by the mere circumstance of his being a foreigner, his appropriate aptitude stands precluded from being, in the sense requisite to the occasion, all-comprehensive: even if entire as to the outline, it could not be so as to the filling up: even if entire as to all generals, it could not to a practical purpose, be so, as to all particulars comprehended under them: were it in other respects ever so consummate, something on the score of local circumstances, something, to an amount more or less considerable, could not fail to be wanting to it.
Even upon the supposition most favourable to any such proposal as the present, - here then will come in the demand, at any rate the eventual demand, for other hands:- for other hands, and those native ones.
What remains, is - that they may be as apt as the nature of the case admitts, and among such as are so, that the number of those, whose works the constituted authorities have to choose out of, be correspondently copious. Of this, more particularly further on.
As to gratuitous, what is here meant by the word may perhaps be considered as being already pretty sufficiently explained. By this explanation, one mode of remuneration will, upon consideration, be found not to stand excluded. This is - the prospect of being, in the event of an adequate display of appropriate aptitude, appointed to fill this or that official situation: this or that situation already in existence, and by the pay and power, or at any rate by the power, attached to it, suited to the importance and dignity of the service.
Abstractedly
[xxxvi. 173]
1822 July 27
Constitut Code
Supreme Operative
Restraints any?
Ch. Securities for Citizens at large against abuse of power by functionaries: alias Declarations of Rights /Ch. or ?. Restraints on the power of the Supreme Operative functionaries shall any, and if any what and by whom imposed./
Of these securities supposing them established - of these securities in so far as established the effect must be to oppose restrictions on to apply limitations to the power of the functionaries in question: the power of those functionaries in whose instance abuse of that same power is apprehended
Under this head comes /falls/ to be considered 1. by whom these restraints shall be or can be imposed: 2. on whom, i.e. on the powers of what classes of functionaries in so far as imposed they will be to be imposed.
[xxxvi. 174]
1822 Aug. 3.
Constitut. Code England
Supreme Operative
Parl. Reform inadequate
As often as /Commonly /In general/ when in periodicals/ the system of corruption is taken for the object /subject/ of invective, the Pitt system is the name given to it. The notion is a natural but an erroneous one: the Gwelf system is a more proper the Royal system a more compleatly proper name for it. As to the Pitt system: this no more the Pitt system than the Fox system: in the place of Pitt, Fox would have acted as Pitt did: in the place of Fox, Pitt would have acted as Fox did. The morality of the Bar is the morality of Office and of the House. When in the mouth of a lawyer, the word duty is heard, and it is heard continually, the duty which is in his mind is the duty of getting money: in which /a duty in which/ is included the duty of doing every thing by which money is to be got. The whole duty of men has furnished matter for a large book: the whole duty of a lawyer may be comprized in one word - his fee. In the flourishing days of the Roman Bar, when Provinces were converted into Estates, Estates were given for Fees. Of this point of practice, English practice it is believed affords an instance and it is believed no more than one; the case of the villa at Mitcham, given by Lord Clive to Wedderburn. On the part of /[...?]/ Cicero /At one time of Cicero's life/ it was matter of boast to him to tell them he had never been on any other than the Defendants side. I /A man/ well might have told him how it happened: the amount of the fees on that side was beyond all bounds: on the other side it was not generally discernible how any thing was to be got. Humanity was the account to which it was his evident /evidently enough/ wish and expectation that this circumstance should be carried to the nations of mankind: not a different /more substantial/ one. When men plead at the Bar, it is for pounds and sovereigns: when in the House, for places those on the right side have /hold/ them in possession: those of the left side in expectancy: in that circumstance lies the greatest, if not the only difference. Had the Inns [...?] Outs, and the Outs Inns, the motives would have been the same, the speeches the same, the numbers the same; the mouths alone /only/ would have been different.
[xxxvi. 175]
1822 Aug. 14
Constitut. Code
Supreme Operative
Aristocracy
Lords - worse than Wolves
No advantage bearing reference to the greatest happiness of the greatest number - no
such advantage - did man ever attempt to bring to view in the character of a reason for
a House of Lords - for an assembly composed of members of the privileged order sitting
by hereditary succession or for life
Use /Service/ /Benefit/ to the Monarch yes: use /benefit/ to the Aristocracy, yes: to
the /a/ Monarchy it gives stability: to the Aristocracy in all its parts profit by
encrease of power profit by a share more or less considerable in the profit by /of/
legalized depredation: the House will not let the King have /come in for/ a share,
unless the King will let the House come in for a share
As to the greatest number - as to the great body of the people greater would be the
advantage to them if wolves in equal number or in a number by ever so much greater were
imported from a wolf country and turned out loose into the country: the wolves would in
process of time be shot /killed/, and for every wolf killed there would be a wolf skin
which would be good for something: the Lords though each of them would do more mischief
than many thousand wolves would not be killed, and if they were killed their skins would
not be put to any use.
If this be true for a man to propose a House of Lords is in other words to declare
himself a corruptionist: to the title of Liberal no better
pretensions has he than has the partizan of the most absolute Monarchy. The one is a
declared enemy of the people: the other an undeclared one: audacity is the character of
the one: imposition and treachery, of the other.
[xxxvi. 183]
1821 May 19 1822 Aug. 9
Constitut Cod
First Lines
Surplus
Ch [...?...?]
3. [...?]
In regard to fiction two sources of use or /and/ service require to be noted. One is, the extent of the sinister service rendered: the other is, the extent of the class of persons to whom the service is rendered.
1. In respect of the nature /extent/ of the service rendered, the use of fiction may be distinguished into general and particular.
The /By/ particular use understand the particular benefit, which on the occasion of such fiction, accrues /results/ to the class or classes of persons /functionaries/ served by it: by the general use, the benefit which accrues to all of them in the aggregate from the general principle of demoralization, which it contributes to establish: viz that to /in/ regard to human actions in general, right ans wrong, proper ground for approbation and disapprobation, depends - not on the influence of the action on the greatest happiness of the greatest number, but on the practice, consequently on the will, and thence on the interest, real or supposed, of the aggregate of those same particular classes. Of the establishment of this principle of demoralization, the object and the effect is - the causing men to behold, not merely with indifference, but even with approbation - in the first place, the perpetration of injustice, and in a word of political evil in all its shapes; and, in the next place, the employing as an instrument in the commission of such mischief falshood - wilful deliberate and self-conscious falshood - in a word mendacity: the practising on this occasion and for this purpse that vice which when by individuals not armed with power it is employed to purposes much less extensively mischievous is by these same men habitually and to a vast extent visited with the severest punishment.
Now go to p.3.
[036-184v]
1821 June 19
Codification Offer
'.9. Draughtsman gratuitous
Russian Codification
Not to be employed these three pages
Had he adopted the advice submitted to him by the author of these pages he (Emperor Alexander) would have had legislative draughtsmen more varied in the highest of all arts, men of this class in unlimited number - men of this class for all the different Sections of his vast and heterogeneous dominions - all without expence, in a word without any expence worth naming he would have founded a School of Legislation: and out of that school - fruits of the tree thus planted - Codes all-comprehensive and rationalized in unlimited number, out of which to choose. A code of that description he might have been sure of, and without a rouble of expence or he would not have had it all
To no worshipper of legitimacy and order was any such advice suited. To the views of this any more than to any other votary /worshipper/ of legitimacy and order the advice was not suited /suitable/ /addressed/. Neither fruit has he, nor so much as the tree: what he has is [...?] and this he has been laying on these seventeen long years. Ten thousand a year in pounds sterling /Roubles 100,000 a year a sum at that time equal it is believed to Pounds Sterling ten thousand/ was the original expence of it over and above the salary of the Minister of Justice Prince [...?] and the Colleague given to [...?] on this occasion, [...?] Novositzoff. I /The author/ speak from the details of an official but unpublished Report in his possession printed in the French language
His Imperial Majesty /Emperor Alexander/ In magnanimity the Emperor of all the Russias is proverbial: in wisdom he is not inferior. Notwithstanding all the zeal - notwithstanding all the devotion of his faithful /true/ servants being still but men, before the commencement of such a work their energies might flag At the conclusion of it p.33 an assurance was given to them, that a life annuity /for life/ should be granted to them - the amount of it the half, the two-thirds, nay perhaps " even" the whole of what they had respectively in hand during the continuance of it
[036-185v]
1821 Aug. 22
Codification Offer
'.8. Foreigner best /'.5. Draughtsman single/
To the English Monarch, to the English Borough-holding Lord to the English Borough-holding Squire, the greatest happiness of the horse by which his equipage is drawn forms not any part of the direct objects of his pursuit he cares not at the expence of what agency on the part of the beast the enjoyment derived from the briskness of the motion is extracted. But to the production of the desired briskness /the enjoyment/ full and regular feeding together with other pleasures /not to speak of other comforts/ are necessary: the interests of the irrational and enslaved animal is thus to a certain degree associated with that of the rational and enslaving one. In /Exactly in/ the same way as between the two rational animals, the enslaving and the enslaved are the interests of the enslaved animal associated with those of the enslaving animal, and accordingly provided for. Between the cases of the two enslaved animals one difference however has place: and by this difference the case of the rational enslaved animal is placed under a manifest and no inconsiderable disadvantage /disadvantage, nor that an inconsiderable one/ The enslaved irrational animal is seldom an object of hatred to the enslaving animal nor ever of any such hatred as is constant persevering, inveterate and unassuageable: nor yet an object of disgust and contempt. But to that same enslaving animal the irrational enslaved animal is an object not only of hated, constant, persevering, inveterate and unassuageable but moreover of disgust and contempt.
[036-186v1]
1821 July 14
Codification Offer
'.9. Draughtsman gratuitous
To compose is one thing: to judge of what is composed is another and a very different
thing. If this be true in poetry assuredly it is not less so in legislation. Of two or
three hundred men chosen by any body and any how, all might be good critics, yet amongst
them all not one poet fit to be read.
As to the author of this address, towards this one thing needful all that is in his
power to offer, he hereby offers: towards competition, all that he can do is - to give
expression to these his wishes, supported by these his reasons
[036-187v]
1821
Codification Offer
'.9. Draughtsman gratuitous
These things being assumed, remains the question - whether, supposing it to be in the power of the operative rulers of any political state to obtain a work of the kind in question /above description/ upon terms purely gratuitous, whether it be from a foreigner or from a native, the opportunity ought to be neglected whether in a word any remuneration ought to be attached to the service, so long as there was an adequate assurance had place that from a hand, affording a promise not inferior to that afforded by any other hand known, a Code of the description in question might be had were to be had /was obtainable/.
on this occasion it is that the diversifications following have come in view.
Suppose the terms gratuitous all difficulty vanishes. Let the draughts about to be offered be ever so numerous, the operative rulers on whom it depends need be under no difficulty about engaging to take them under consideration when presented, allowing for the framing of all such draughts a reasonable quantity of time