1821 April 14.
First Lines
Means of accomplishment.
Nature and mutual relation of the several branches of the Law.
Principal means for the accomplishment of their several purposes.
Civil Law, distributive Law.
1. Distribution applied to benefits
I. Benefits their distribution - most beneficial mode of distributing them.
1. Subsistence.
Original and all comprehensive - derivative and incidental - and derivative means of subsistence. By these words may be designated the two branches of a division which it is necessary in the first place to being to view.
The original fund of each man's subsistence is each man's labour. The production of it is the work of nature without law and antecedently to Law. What it looks for at the hand of Law, is security: security against calamity, security against hostility: security against hostility from foreigners, from fellow subjects from rulers.
II. Incidental and derivative means of subsistence. The new of these arises out of the deficiencies that are liable to have place in the produce of each man's labour, considered as a fund for each man's subsistence.
Certain and casual - by the two distinctions thus designated it may be comprehended in the first place all the varieties of which the causes of this deficiency are susceptible.
Certain is the nature of those produced by time of life: by the time antecedent to the capacity for labour and by the time subsequent to it: by immaturity and by caducity.
At The time of immaturity, endures for years: the time of caducity may endure for years, or may terminate in the same moment in which it is commenced, casual causes of deficiency of subsistence
Want of capacity for labour - want of employment for labour - under one or other of these heads may be comprehended all the casual causes of deficiency in regard to subsistence.
Casual want of capacity for labour is indisposition - relative indisposition. Indisposition may be of body or of mind: The degree of indisposition in question is marked /designated/ by the effect.
If
1821. April 14.
First Lines
Means of accomplishment
Distributive Benefits.
Subsistence.
If, against any of the causes of deficiency in regard to subsistence, the legislator /Law/ /Government/ has failed to provide an efficient remedy, the consequence is death. Security against calamity has so far failed to have been afforded.
But, against deficiency in regard to subsistence, no remedy can ever be provided bat at the expence of security for abundance. The fund of abundance is composed of the stock remaining of the produce of labour, deduction made of their several amounts subtracted by consumption, useful and useless, immediate and gradual, natural and human, in all their several shapes.
In his endeavour to provide a remedy against deficiency in their regard to subsistence, /the legislator/ finds himself all along under the pressure of this dilemma - forbear to provide supply, death ensues, and you are the /it has you for its/ author /./ of it. Provide supply, you establish a bounty upon idleness, and you thus give encrease to the deficiency which it is your endeavour to exclude.
Now to /Under/ the pressure of this dilemma, how to act is a problem the solution of which is /will/ in a great degree, to be dependent upon local circumstances: nor can any thing like a compleat solution be so much as attempted without continual reference to them. One leading observation applies to all places and all times. So long as any particle of the matter of abundance remains in any one hand, it will rest with those to whom it appears that they are able to afford /assign/ a sufficient reason why te requisite supply to any deficiency in the means of deficiency should be refused.
II. Abundance
1821. April 14.
First Lines
Means of accomplishment
Distributive Benefits
Abundance
II. Abundance.
Under abundance Of the instruments of abundance, the fund is comosed of the surplus of the means of subsistence, deduction made of the quantity destroyed by consumption in all its shapes.
Increase of production - decrease of consumption - under one or other of these two heads may be comprehended all the possible causes of increase to the abundance fund.
Natural and factitious - under one or other of these two heads may be comprehended all the possible modes of increase to production.
By natural, understand all those that have place without intervention on the part of the Legislator /Government/ in this particular view. Under this same head natural, is therefore comprehended whatsoever assistance is afforded to production by the security afforded to produce.
By factitious modes of increase to production, understand all such as are employed by Government in that special view.
Here comes in with propriety one general and all-comprehensive rule Rule. In so far as the natural means of increase to the abundance fund suffice for the production of the effect, think not /forbear/ to employ any factitious means for giving increase /addition/ or acceleration to it.
Reasons. Neither for this purpose /on this occasion/, nor for /on/ any other, can the hand /power/ of Government be employed, but coercion must be applied: immediately, as where the means /in so far as the inducements/ employed are of the remunerative kind: but it is only by coecion that any means of remuneration can be collected.
In favour, and for the benefit of, A. you can not seek to give encrease to production in the hands of A. except in so far as coercion is applied - either to A. himself, or to B., C. and D. and so forth.
But
1821. April 14.
First Lines
Means of accomplishment
But why seek to benefit A. for coercion applied to A: His regard for himself is greater than yours can be: his knowledge of what is most beneficial to himself is greater than yours can be: his experience of what has been most beneficial and most hurtful to himself is greater than yours can be.
Why seek to benefit A, by coercion applied to B., C, and D. and so forth? Coercion is evil - positive evil - suffering: absence of encrease is but negative evil. No suffering is the result of it. A. is but one: B. C. D. and the rest of them are many: by the number of them all, after allowance made for the lessening of loss by the distribution of it, is the quantity of the suffering produced by the coercion multiplied.
Encrease can not thus be sought to be given to production otherwise than at the expence of equality: by violations made of the rules of equality, for the importance of which to the greatest happiness of the greatest number see above.
For security, yes without decrease and with encrease to the greatest happiness of the greatest number the rules of equality may be violated /infringed/: for encrease to abundance, without decrease to the greatest happiness of the greatest number, they can not be infringed.
II. Negative means of increase to the abundance fund, decrease of consumption. In so far as it is by voluntary consumption that decrease is made in the amount of the abundance fund by the respective proprietors, pleasure and security, in all their various shapes, are the effects of it, and are in proportion to it: in the case of by far the greatest portion in quantity and value of the produc of labour, subsistence, plaeasure and security, in all their several shapes, have place only in so far as consumption has place. In each individual instance, from which of two causes, pleasure or security, or both, are derived by him in greatest quantity - viz. from consumption or from avoidance of consumption, in a word from preservation, is better known to the proprietor himself than it can be to any body and not at all known to you.
The
1821. April 14.
First Lines.
Means of accomplishment
The great cause by which decrease is given to /produced in/ the abundance fund always without pleasure and in too great degree without proportionable security to the possessors, is that produced by /which consists of/ the draughts made upon it by Government. See below distribution of burthens: see also Constitutional Law.
The abundance fund, being composed of savings made out the subsistence fund, included in it the subsistence fund: some without, some not without, nor otherwise than by exchange the materials or instruments of abundance are the materials or matter of subsistence.
Subject to this distinction, the greater the quantity and value of the matter of the abundance fund, the greater the degree of security it affords for subsistence.
Diminution of consumption being one of the two means of encrease to the abundance fund, hence under occasion where under the notion of providing security in all its branches for the several instruments of felicity - draughts are made by government upon the abundance fund by taxes, some indication may be afforded respecting the subjects on which, with least detriment, the taxes will /may/ be imposed.
With or without design, in so far as a tax is imposed upon any article, the consumption, the use, and thereby the production of it, is discouraged: to that article discouragement is applied, and to all other articles /by the same process/ in so far as they are rivals to it, encouragement.
All /Hence,/ other effects laid out of the question, hence for enrease of the abundance fund with a view to subsistence, there is a use in imposing taxes rather on objects to the use of which prompt consumption is necessary rather than on objects to the use of which slow and gradual consumption is sufficient: on objects applicable to the purpose of subsistence of themselves, and without exchange, rather than on objects not applicable to that purpose otherwise than by exchange, especially if not otherwise than by exchange with foreign or distant countries.
1821 April 28
First Lines
Constitutional
Distributive
In so far as it matches with, and is determined by, the state of the Constitutional branch of law, the state of the remunerative /distributive/ branch of law, as applied to benefits, will, under the different forms of government wear /present/ the different complexions /aspects/ following.
The state of the distributive branch of Law as applied to benefits exercises an influence on the state and the results of the Constitution branch of Law in manner following:
The mater of opulence is the matter of corruption: in it is contained a large proportion of the matter of delusion: of the stock of instruments applicable and applying themselves to the production of delusion.
A man who feels in his hands a certain portion of the matter of opulence, especially favoured by situation in other respects, has in his hands inducements for seeking to acquire, in such proportions as his individual taste prescribes and the state of the Government under which he lives place within his reach, in the greatest attainable quantities, continual additions to whatsoever stock he has already in his hands of the several external instruments of felicity - opulence, power, and factitious dignity. For the obtainment of these several objects of general desire, he acts under the continual temptation of employing this stock of the matter of opulence in the character of metter of corruption: by applying it to the sensitive faculties of the several possessors of political power in those several shapes in which, by the exercise of that power in his favour, the several objects of his abovementioned naturally insatiable concupiscence: applying itself to those several faculties in such sort as, by its corruptive influence on them, to produce a correspondent and requisite exhibition of corrupt obsequiousness.
1821. April 28.
First Lines
Every particle of power, over and above that quantity which is necessary to the giving existence and security to the best form of Government, is an instrument of misrule: every particle of factitious dignity without exception is not only an instrument of individual injury to those who have none of it, but an instrument of misrule. Every particle of the matter of opulence, added to a mass of a certain magnitude already in hands, adds to the facility, and thence to the desire, of administering, by all sorts of means imaginable, innoxious or noxious further and further gratification to that insatiable concupiscence.
Hence it is that while it is conducive to the greatest happiness of the greatest number that, for the sake of present enjoyment, the matter of subsistence and opulence into lots of such smallness as is consistent with the sense of individual security for property as well with the magnitude and sufficiency of that aggregate stock of the matter of opulence which is necessary to national security in all its shapes as against all its adversaries, so is itin a distinct and particular manner to the particular object of the constitutional branch of law: viz. security against misrule:- against injury to the subject many at the hands of the ruling few as such.
From /On/ /In the breasts of/ the part of that class /description/ of men in whose instance preeminent opulence has for its accompaniment pride grounded on the contemplation of ancestry, the so generally prevalent and but too efficient propensty to place in comparative indigence all their children but one for the purpose of heaping opulence upon that one as will as to commoitt depredation upon as many as they feel within the reach of it on the false pretence of a fund for payment which with the assistance of their accomplices in the several shapes of the legislator and professional lawyer they have secretly contrived to render inapplicable to the purpose has been already brought to view: in the same breast may be seen the seed-plot of the abovementioned ever insatiable concupiscence.
1821 April 28
First Lines
Constitutional
Distributive
In so far as it matches with, and is determined by, the state of the constitutional branch of law, the state of the distributive branch of law, as appied to burthens will under the different forms of government wear the different complexions following.
The state of the distributive branch of law as applied to burthens exercises an influence on the state and the results of the constitutional branch of Law in manner following.
1821. May 2
Constitut. Code
Constitutional
/Supreme Constitution
Election
1. Universality/
1. Universality
If a man /who/ on the occasion in question, a amn calls for the right of suffrage to be given to any one human being, if he calls for its being refused /the refusal of it/ to any other human being, it lies upon him to give a particular reason for such refusal,
For the refusal of it to persons of the female sex so as the votes be preserved by secresy, no reason /it has been shewn/ can be given that does noy apply with equal reason to persons of the male sex, and with stronger reason in a monarchy, against the admission of females to the throne.
For the refusal of it to persons of both sexes underage, two plain reasons can be given: 1. that a person who is not yet competent to the menagement of his own affairs, cannot have much reason to complain of being debarred from interfering in the meneagement of the affairs of others: 2. that the exclusion thus put on the ground of age is not like the exclusion put upon the ground of sex, the perpetual, but temporary only, and upon the arrival of the person at the age at which he is generally regarded as competent to the management of his own affairs, this exclusion is sure to cease.
Various classes of persons might be mentioned, who if the result of the election could depend upon the direction given to their suffrages /votes/, might by reason on account the ground of this or that disqualifying circumstance with reason be excluded. But for justification of such exclusion, sufficient proof of the existence of such disqualifying circumstances, would require to be given. Hence to an indefinite amount litiscontestation expence vexation and delay /must have place:/ evils which ought not to be admitted only their admission /was/ made up for by some [...?] /assigned/ preponderant good.
1821 May 2
First Lines
/Supreme Constitution
Election
2 Secresy/
2. Secresy of Suffrage
When suffrage is as secret, no man who wishes to give a vote, and is not by want of time or length of distance, debarred from giving it, is debarred fom giving it by fear of loss of mony or friends, of money or friends debarred from giving it, and giving it in favour of the person whom he prefers. /,by fear of loss of money or friends./
No man is made to sufer, or /is/ exposed to suffer, loss of money or friends, on account of the vote that he has given, or any vote he has forborne to give.
In so far as the course taken by men's suffrage is known, some men are by fear of loss of money or friends, debarred from giving any votes at all; some men who would otherwise have given their votes in favor of a certain person, are by fear of loss of money or friends debarred from giving their votes in favor of that same person; some men who would otherwise have given their votes in favor of a certain person and thereby against another person his rival, are by fear of loss of money or friends not only debarred from giving their votes in favor of the person they approve, but compelled to give their votes in favor of a rival of his, whom they disapprove
A man who being a candidate for a situation, for the failing of which, suffrages are given as above, declines using his endeavours to cause them to be delivered in the secret mode, proves thereby /that/ the following wishes, one or more of them, have place in his breast: 1 to see men who have each of them a right to vote, debarred inindefinite numbers from the exercise of that right; 2 to see men who if free, would have voted for a rival of his, debarred from doing so; 3 to see men who if free wold have voted for a rival of his whom they approved, debarred from doing so, but by fear as above compelled to vote in favor of himself, in whatoever /degree/ he may have been the object of their disapprobation.