1822 Oct. 27
Constitut. Code
Art as actually practiced
/Ch.III or Preface? Sovereignty in whom/
The art of Government, as every where practiced is the art of producing to the persons exercising the powers of government the greatest quantity of happiness /felicity/ possible in so far as obtainable by means of the external instruments of happiness /felicity/.
The science of government has been the corresponding science:- the knowing how to produce etc, as above
The external instruments of felicity are the fruits /the products/ of human services which in so far as they are contributory to the happiness of the person in question with reference to them are beneficent services - useful services valuable services
The art of government has therefore been the art of extracting from the persons over whom the powers of government are exercised for the benefit of the rulers as above services in all shapes in which it is regarded as contributory to the happiness of those same rulers
The incorporeal instruments by which services are extracted /obtained/ are obtained by influence operating on the will or the understanding Influence operating on the will is either fear or hope: influence on the understanding operating by /by the production/ correct conceptions is reason - reasoning - right just argument: influence operating by the production of incorrect conceptions is delusion.
Services are extracted by fear through the medium of penal laws; by hope, through the medium of patronage by delusion, through the medium of factitious dignity. By Penal laws it is only in particular shapes /this or that particular shape, on this or that particular occasion/ that service can be extracted: by patronage and factitious dignity it is extracted in all imaginable shapes, and on all occasions.
[xxxviii. 3]
1822 May 13
Economy as to Office /Constitut. Code/ Rudiments
Mode of rendering supreme operative functionaries responsible to do constitutive - giving to constitutive the dislocative power in relation to them
Dislocation is effected
1. by will.
2. by time.
In what situations the functionaries should be dislocable by will?
A. non judicial General Administrative Offices not by time │ │ by will judicially all the above.
Judicial office in this case the functionary should not be dislocable by time. Only
1. Judicially for specific offence proved
2. Administratively, by dislocative power exercised by his [...?].
To the Chief Functionary who presides over all the Departments the integral power of locating and dislocating the Chiefs of these several Departments.
Power of supreme operative body must be limited /reduced/ not by fractionization but by counterforces - viz. Liberty to constituents to possess [...?], to have and practise use of do to meet without or with do ad libitum.
Cause of apprehension of the aptitude of the people Groundless anticipation. [...?] Democracy not so unjust as Tyrants.
They [...?] little evil with judicative
Tyrants much evil without judicative.
Democracy-made evil all registered.
Tyranny made evil unregistered.
Englishmen are kept in a state of subjugation
Securities 1. True
False
They see wealth: they feel power: they perceive [...?]
Means without inducements produce nothing: [...?] any thing [...? ...? ...?] not to produce
Inducements [...? ...?] to produce means: and through means to [...?] /compass/ ends
Opulence and power furnish means
But they lessen inducements
1 Fractionization in the highest grade of power
2. So in the lowest: viz popular meetings - Juries and Quasi-Juries.
Juries and Quasi Juries are Sections or Committees of the supreme constitutive power.
Power on one part is constituted by obedience on the other - the obedience ceasing, so does the power.
3. Not in any intermediate Grade
Quere as to Provincial Sub-legislatures
U.S Rules are on a footing resembling that.
Abbe┌ St Pierres Project of a perpetual peace was Utopian as applied to Monarchies: not so as applied to Representative Democracies.
In Executive Grades fractionalizing would defeat the object: fractionalizing supposes deliberate regular discussion: discussion has in this case nothing to do: for the function consists in obeying orders: by discussion would follow such consumption of time as would defeat the object - as in military business, so in civil, [...?] in an [...?] degree mischievous.
U.S. System /Constitution/ was unavoidably complicated
Constitution for Britibernia admitts of much more simplicity
Do for France, Spain and Portugal still more
For Executive Offices Examination might be performed at Ages below full ages.
Supreme Executive functionarys power of location might be confined to those who had undergone it.
Check by Notoriety may be applied in Offices powerful by extent of power without admitting the checking functionaries to any share in the power.
To prevent corruption by confederacies, fill up Representative /Delegated/ functionaries time as compleatly as possible. Vacancies are no more needful to the professed end in legislation than in medicine.
Location single handed
many hands
Synonyms
Univocal and multivocal
Unilingual and multilingual
Second Chamber
Effect - disturbing transparency
Cause - blind imitation English the least bad constitution known
Supposed securities for intellectual aptitude naturally occurring, but superfluous, useless, mischievous
1. Maturity of ages 21, 25, 40
Necessary in private self-regarding business: not in public when the agent is but one of a multitude
1. The more advanced in age will be sure to be a majority - the more advanced the more known: the more known the more likely to be chosen /elected/ into the body.
2 The more advanced the more power in the body: the more likely to be the more influential in the body
In the first chamber, every thing necessary and possible has been done for identifying delegates with constituents interests. This done, what can a second chamber do but apply obstruction to the business of the first?
If located by the people, useless: if by birth or by the Chief Functionary mischievous.
of The second Chamber - majority may be corruptly influenced by the Chief Functionary.
Subordination its modes
I. Direct
1. In superordinate, exclusive initiative power as to subordinate's acts. Subordination by preventability, by inability to originate.
2. In superordinate negative power upon subordinate's acts when initiated viz by suspension, suspensibility, simple nonconcurrence, by positive suspension
3. In superordinate power of cessation as to subordinates acts when consummated by cessation - cessability
II. Indirect
4. 1. In superordinate power of punishing subordinate in case of disobedience or non compliance in regard to the act, by punition - punibility
5. 2. In superordinate power of remunerating subordinate in case of his obsequiousness in relation to the act by non-remuneration by unremunerability.
II In relation to the same individual person considered as subject to power
6. 1. In superordinate grades power by power of punishing him to a greater amount, by minority /inferiority/ of punitive power.
7. 2. or rewarding him to a greater amount, by minority /inferiority/ of remunerative power.
Subordination applies to
1. Situation - thence to possession and exercise of all powers belonging to it to exercise of all acts performable in virtue of such power
2. Particular acts done in exercise of the aggregate power conferred by the situation
In Aristocrats nothing but what is either frivolous or flagitious
[...?] System - never so call it, but to Royal do.
Vehicle for the Conversational part
1. Didaeus and Tyro? or
2. Mentor and Telemachus with a story for introduction stating the truth of the Pagan dispensation. Mentor teaches Telemachus for the instruction of Greece.
U.S. no fit object of comparison for England.
Per Courrier 17 May 1822 as per Morng Chron for 18th do. Mackintosh sneered at by Courier for making use of that example.
Power minimized
Reduction of power by fractionization must not apply to /as against/ supreme operative power, in favour of Executive whether Judicial or Administrative
These must in all modes of subordination (quere if any exceptions) be subject to supreme operative otherwise they will have respectively a negative upon all its acts: viz by omitting to give effect to them.
For penal Judicative Supreme operative may divide itself into two Sections 1. Accusatorial. 2. Judicial.
Here the counterforce of the Popular Sanction should be made the most of.
To save any two beggars covered with vermin I would destroy any one King covered with diamonds
An overpaid place reposes into a Sinecure
In an overpaid place there is a tendency to decomposition: it decomposes itself into a Sinecure filled by principal and an efficient Office aptly paid or over paid executed by Deputy.
Preface. Q. This part, why out of time and place?
Answer. To prevent useless and needless Offices.
Form Language
Invalidation = nullification
Interest particular - Universal - duty
The line of each functionarys duty coincides with the line marked out by his share in the universal interest
A corruptive institution is every institution in so far as the effect of it is by means of power with which the functionary as such is invested, to enable /cause/ him to promote his personal or other particular interest at the expence of the universal interest thus contributing to the sinister sacrifice. This contribution to the sinister sacrifice every man should be expected to make in so far as by power coupled with impunity he is enabled to make it.
If the Government of the United States had not been established, with what contempt would not the assertion of the probable prosperity and stability of such a government been treated.
In Royalty madness is endemical
Government by Kings is the World turned topsy turvey. Sane governed by insane. See the Childrens book so intituled.
How by power operating by remuneration, men obtain power over those who have power operating by punition: the [...?] of form which is in its nature the less strong prevailing over the form which in its nature is stronger.
This power by remuneration including so much of punitive power as consists in the power of refusing or withdrawing remuneration is that which commonly goes by the name of influence, viz that which by will is exercised on and over will.
It is the interest and consequently the practice of those by whom use is made of the influence to sinister purposes, to keep up this confusion of ideas and thicken it as much as possible.
[xxxviii. 5]
1822 May 26
Economy etc. Topics. II. Expence minimized
Proposed Heads or Topics
1. Unapt expenditure [...?] in the largest [...?] forms, modes or shapes 1. money 2. power. 3 dignity. 4. [...?] 5 ease in office 1. Things. 2 Personal services
2. Unapt pecuniary and quasi-pecuniary expenditure - [...?] etc 1. Unapt destinations. 2. Unapt expence in apt destinations
3. Expence 1 purely wasteful. 2. productive of ill-placed profit i.e. 1 in toto. 2. pro rata
4. Expence 1. by destination unapt in toto: by superfluity, the destination not unapt
5. Mischiefs of unapt expence. 1. Power of prevention 2. Production of evil practices 3. Prevention of good practices. 4 Corruption.
6. Pockets out of which the unapt expence may come 1. Publics. 2. Individuals.
7. Occasions on which the expenditure is made 1. Periodical. 2. Casual 3. Temporary. 4 Perpetual.
8. Codelinquents by unapt expence - parts borne by them. Shapes and degrees of Moral guilt attached to these several parts.
9. Remedies against unapt expence: viz. where destination is unapt
For Identn. of interests make Deputies not reeligible
Directive Rules.
1. All expence, in so far as the matter of it is drawn from unwilling contributors being evil, it lies upon him by whom each head or act of expenditure is justified, to shew that from such expenditure good in a specific form results, and that in comparison of the value of the evil, the value of the good is preponderant. Say - You who defend an expence, shew in what specific shape preponderant good results from it.
II Unapt Destinations
1. Church Establishment
2. Distant Dependencies
3. Encouragement of Fine Arts and Useless Literature
4. Pensions of retreat
5. Relief of elevated indigence
6. Support of dignity.
7. Emolument of Offices 1. useless. 2. needless. 3. mischievous.
Questionable destinations
1. Relief of indigence
2. Government education
[xxxviii. 6]
1822 May 26
Economy etc /Constitut. Code/
Ch.2 Securities for moral aptitude
Security 1. Identification of governors /rulers/ with governed's /subjects/ interest.
.1. In what it consists 1. 2. 3. 4. 5
.2. Necessity of this identification to greatest happiness etc. 6. 7.
.3. How it has place when the supreme operative power is in the delegates of all the inhabitants
.4 Opposition of rulers to subjects interest trustees to principals interest - its detrimental consequences with relation to greatest happiness etc 8. 9. 10. 11. 12. 13.
.5 Modes of inaptitude on the part of rulers, in so far as such oppositeness has place. 14. 15
.6. In case of extensive oppositeness sole remedy against misrule, change of form of government, change of functionaries useless. 16. 17.
7 Different ways in which this security applies to the situation of supreme constitutive and that of supreme operative functionaries. 18. 19. 20. 21. 22
Ch.3 Security 2. Subordinateness of supreme operative to supreme constitutive functionaries.
.1. For producing this subordinateness what modes of subordination apt /applicable/, what unapt.
.2. Apt mode 1. Dislocability of the subordinates by the superordinates, periodically applied
.3. Do incidentally applied.
.4. Apt mode 2. Punibility of the subordinates by the superordinates
.5. Unapt modes: viz.
1. Inability to originate measures without concurrence of the superordinate.
2. Need of cooperation of do
3. Suspensibility of measures by do
4. Cessability of measures by do
Ch. Security 3. Diminution of supreme Operative functionaries power by other means.
[xxxviii. 7]
1822 April 9 /June 9/
Economy etc /Constitut. Code/ Rudiments
Ch Securities intellectual
.1. Axiom and Exposition Sole adequate mode of ascertaining adequate aptitude, Examination
.2. This though the only apt course no where taken - why
.3 or 1 continued No of Candidates should be a maximum - Axiom and theorem
.4 Examination publicity should be maximized Axiom and theorem
.5. Examination should cover the whole field of appropriate knowledge Axiom and reason
.6 Examiners, how many and who.
Axioms divers with reasons
Example of divers Official fields.
.7. To what Offices is scientific Examination apt.
Questions
1 Supreme Operative /Legislative/ why in many not in one
2. Supreme Executive why in one only not in many?
3. Supreme Executive why subordinate to do Legislative?
4 Supreme Executive why not possessed of any share in Legislative?
1 Supreme Operative why in many not in one alone or a few. Reasons
1. If in one there would be no effectual security for his attending to his business
2. No security for [...?] for any thing done by him
3. No security for Evidence of every thing done by him
4. No Debates, no audience present at debates
[xxxviii. 22]
1822 July 13
Constitut. Code Rationale
Securities
5 Moral Counterforce
Public Opinion Tribunal
A few Articles
Exposition and Rationale
1. Securities for Moral aptitude.
4. Moral responsibility
5. Legal responsibility
2. Moral responsibility what? Subjection to power of popular or moral sanction as applied by (Democratical Section of) Public Opinion Tribunal.
3. Legal responsibility, subjection to power of political (including legal) sanction, as applied by legal judicatories under the Government.
4. Public Opinion Tribunal, feigned for discourse sake, by analogy as applying the rewards and punishmts. of the popular or moral sanction.
5. Anglice Petty Common Jury a Committee of Public Opinion Tribunal organized.
6. Import from which this requires to be distinguished: belonging to him possessions whereby, for the purpose of punishment, Government may, if so disposed, take hold.
7. Real and important the distinction. Anglice┌ - in many a man responsibility by possession, without do. by effective subjection
8. Example. King: possession peculiarly ample: subjection by punibility none either in fact or by law.
9. Other situations responsible by law, not in fact. Witness
1. Chancellor and his Vices
2. Twelve superior Judges.
10. 1. Legal responsibility comes first to be explained: moral not clearly intelligible but by means of it. By punibility responsible: by law, conduct to any possessor of, or sharer in supreme operative power in a Monarchy absolute or limited.
(Note case of Spanish and Portugueze Kings under the Constitutions.
11. I. Monarchy absolute. Under absolute Monarch no functionary unless Monarch pleases, whatsoever the evil of his misdeeds to the universal interest.
12. Thus far by no such responsibility of a subordinate is counterforce opposed to superordinate's power: self contradictory the supposition.
13. Not so Monarch giving consent, which by casual circumstances may be brought about. Supposed case - Finance Minister defending King, and prosecuted before a Judicatory.
14. II. Monarchy limited. Case here not materially different. Here too direct impunity may be given by law: but indirect is found commonly more convenient. Of limited Monarch, and his instruments, the proceedings are more exposed to observation: in public's eyes direct course suppose palpably opposite to received notion of justice, resistance might at length be produced, and by resistance trouble. If so, case requires that some indirect course be taken by vengeance. Slaughterers, for example, sent off or rendered undistinguishable: failing, sent physical means, legal are at hand so numerous and intricate that by explanation of them a volume might be filled.
[xxxviii. 23]
1822 July 15
Constitut. Code Rationale
Securities
5 Moral Counterforce
Public Opinion Tribunal
A few articles
Exposition and Rationale
15. II. Representative Democracy. Here, without difficulty legal responsibility, universal, may have place. During office, no: not the whole nor a majority: to say yes would be self contradictory. But during office the minority: after office all may be punishable: just as every one else is: for misdeeds there as elsewhere. See accordingly articles,│ │
16. Moral responsibility. This is to the purpose of eventual exposure to punishment by the │ │ of the popular or moral sanction at the hands of Public opinion Tribunal: (viz. the democratical section of it. Quere this here) like the │ │ invisible, but not the less operative.
17. To punishment such as is inflictible by this Tribunal, not only in a Representative Democracy, but even in an absolute Monarchy, may the possessors of the supreme operative stand excluded/posed/.
18. In this sense and shape even in an absolute Monarchy, even the Monarch feels himself responsible: though to the purpose of mitigation, of Monarch's oppression and depredation subject's sufferings, the effect is hardly perceptible.
19. Counterforce beneficial the less the legal, the greater the need of moral. In Monarchy, legal none, thence of the moral, need a maximum: actual quantity a minimum. Cause, the security afforded by the moral against the sinister sacrifice.
(Insert note on the toleration in Tuscany and Russia.)
20. Contrast. In Representative Democracy, legal counterforce compleatly effective: need of the moral, for this purpose, a minimum: actual quantity a maximum.
21 Ao. 1803. In a season of insufficient experience, partly on account of the annoyance to individuals, supreme operatives deprived the community of this security. But greatest happiness etc. being the end, and by all seen to be so, it was restored by lapse of time, and is now fixt for as long as the democracy lasts.
[xxxviii. 24]
1822 July 15
Constitut. Code Rationale
Securities
5 Moral Counterforce
Public Opinion Tribunal
Evidence and Comments
22. or 1. Requisites for bringing into action the force of both Tribunals.
1. Matter of evidence.
2. Matter of comment.
Evidence brings to view the individual not in question with the circumstances on which its effects, good and bad, on community's happiness depends.
Comment, indication correct or incorrect, of the supposed or alledged effects of do. on do.: with or without the probability of the supposed act, and the supposed agent's supposed part in it.
23. or 2. By evidentiary matter understand - not only what contributes to conviction, but what by indication ever so forced, contributes to accusation. To the end of a suit not less necessary is commencement than continuation.
24. or 3. In so far as what a man has done, is or is thought to be detrimental to greatest happiness etc., it is his interest to keep both requisites suppressed.
25. or 4. Proportioned to 1. Magnitude of sinister benefit from the abuse. 2. Fear of punishment through divulgation will be the anxiety and effect to perpetuate such suppression. Proportioned to such anxiety is therefore the demonstrated enmity to human happiness.
26. or 5. Defamation is among the effects of every such indication: viz. of him to whom a pernicious act is imputed. To oppose defamation in the lump is therefore to call for the suppression of this security in the lump.
27. Hence every endeavour so to suppress defamation is confession of hostility to greatest happiness etc.
28. Proportioned to the hostility of the form of government and the practise │ │ to the greatest happiness are the exertions of course made by the Governors to deprive the governed of this security
29. In these endeavours, on the part of those whose power constitutes the legal sanction, to suppress the sole security against the abuses which to them are benefits, they are naturally joined by all others, who, having committed, or having it in contemplation to committ misdeeds in any shape, punishable, as such, by either sanction, fear appropriate evidence and comment.
30. Self contradictory is the proposition, I wish to see good government and good morals have place, and to see suppression of defamation have place.
31. Sole case in which, of defamation, though true, the effect is to diminish instead of encreasing general happiness - the mischief produced - not by the act, but by the disclosure of it.
Included in this case are all those in which, by some error in judgement or affection, popular antipathy has been drawn upon the agent by an act not of itself detrimental to greatest happiness. Example.
[xxxviii. 25]
1822. July 15
Constitut. Code Rationale.
Securities
5 Moral Counterforce
Public Opinion Tribunal
Evidence and Comments
33. 2. So, on the field of taste: viz.
1. Of the sexual appetite, eccentricities by which no power is produced. By indication of them, power may be produced enough to fill a whole life with bitterness. Enemy to greatest happiness, not the agent but the indicator. Greater the evil produced by the indication where the │ │ has than where it has not been done. By groundlessness of the indication is afforded comfort in the opposite case wanting.
34. 2. Breach of marriage contract, particularly on female side. Act unknown, pleasure none, pain none. For punishing an act, sole good reason, the danger it produces of disclosure: disclosure generally but too probable.
35. Advantages of this moral over legal punishment.
1. Application more extensive, even all-comprehensive: viz. to every thing by which happiness is lessened: to vices as well as crimes.
2. More gentle: incapable of running into such great excess.
3. More extensive: not exposed to be evaded by want of evidence and by quibbles.
Better reason therefore for crying out against legal punishment than against defamation.
36. So far as law contributes to greatest happiness, Public opinion Tribunal strengthens it. Against all acts vitious enough to be punished as criminal, it furnishes it with a fund of Evidence in the shape of defamation, in so far as useful and true.
37 Through this channel, depredation and oppression inflicted for want of law or by law, are met by complaint, and their course stopt or retarded. Sufferers, otherwise helpless, receive mitigation.
38 Act (suppose) not only vitious but punishable. Give intimation of it through the appropriate channel to Public opinion Tribunal, the information thus furnished, though it can not be acted upon by Judges to the purpose of conviction may be by individuals to the purpose of prosecution and investigation of legally receivable Evidence.
39. Against evil produced or protected by Rulers, i.e. by the law, this applies the only remedy.
40. Every endeavour to destroy or diminish this counterforce is do. to apply strength to misrule, decrease to human happiness, encrease to human misery.
Of the foulest individual crime nothing worse, nothing so bad, can with truth be said.
[xxxviii. 26]
1822 July 15.
Constitut. Code Rationale
Securities
5 Moral Counterforce
Public Opinion Tribunal
Evidence and Comments
41. Channels through which, almost exclusively, this counterforce is supplied, are -
1. Press at large.
2. Periodical Press.
To all virtue, to all happiness, does every man render himself an enemy, who contributes to lessen the net mass of benefit in relation to which they are channels of conveyance.
42. Means of lessening net benefit of Public Opinion Tribunal - its stock and channels of information included.
1. Blockading the channels.
2. Corrupting the information.
Say blockading and corrupting systems.
43. Blockading acts, by substraction: corrupting by addition.
But by substraction also, if partial, viz. in the sense in which partiality is injustice, corruption, thence deception may be effected: viz. by stopping what is supposed favorable to one side, while do. to the other is passed on.
44. Modes of blockading.
1. Licensing System.
2. Prosecution System.
Elementary operations of the Blockading System
1. Prohibition applied to every thing.
2. Permission applied to some things.
45. Disadvantages of simply prohibitive and punitive compared with licensing system.
1. Operation weak: effect uncertain.
Licensing employs in the first instance physical force: say seizing the impression of the work. Thus it operates on body: also on mind: viz. by intimidation: say fear of loss, by future similar works if prepared for publication: stopping the publication of one work already written, it prevents writing of unanswerable ones of the like tendency. The fear it employs, is the fear of uncompensated loss of time, labour, and expence.
3. It makes known to the whole community the evil it tries to produce in the shape of suppression of good: and this excites odium: licensing conceals it from every eye.
46. 4. The punishment, which it seeks to inflict, it holds up to view, and thus too excites odium. So, by the vexation and expence of prosecutions: in these, even the prosecutor shares.
By licensing, this special odium, as well as the vexation and expence is avoided.
47. By prosecution, punishment is employed, to produce the effect of prohibition.
1. If at Common Law, the subject is fictitious: as to the act, for which the punishment is sought to be inflicted, there has been none: as to future contingent similar ones, each man is left to imagine a prohibition, from the case in which he sees the punishment applied: i.e. by comparison of his contemplated work with the punished do.