[xxxvi. 40]

1821. April 19. 1822 Aug 9

Constitut Code

First Lines

On Corruption

\PS\. [...?] of [...?] [...?]

Look to a man whose situation places him under the temptation above described - see him putting into his pocket the reward thus proffered by it - conceive him standing up and saying - never, while /from/ either the prospect or the receipt of this reward, has my conduct ever experienced any the slightest influence - a declaration to any such effect can it, in the instance of any man which ever breathed have presented any so much as the slightest claim to credence? - Yes: if when, for the obtainment of legal evidence of a capital crime, pardon, together with a thousand pound reward, has been offered to any partaker in the crime who, in such sort with the effect of producing the complexion /conviction/ of a fellow criminal, will repair to the judicatory and give his narrative to /of/ the case - if, in the giving of this narrative course of this narrative, hearing him declare /he should/ take upon him to say - I was not influenced with /by/ the prospect of the ,1,000 - I was not influenced by the assurance of saving my life - neither by the assurance of receiving the ,1,000, nor by the assurance of saving my forfeited life, neither am I influenced by the statement I am now giving - if with a declaration /protestation/ to this effect in his mouth, the malefactor could present any claim to credence.

If, /the/ to assurances of this effect, protestations were added - if, to protestations, eyes lifted up to heaven - if, to eyes lifted up to heaven, summonses to God to come down and bear witness - if, to summonses to God to bear witness, tears - if, to tears, faintings were added - the claim made by the simple declarations - would any additional claim /title/ be made to credence either in the case of the chancellor in office or out of office, or in the case of the minor malefactor be made to credence, - yes, by his display in the character of Iago, M r. Kean calls him from the grave, calls the dead to life, and transforms himself into that personage.

[xxxvi. 41]

1821. April 19. 1822 Aug. 9

Constitut. Cod

First Lines

Ch. Corruption

\PS\ Efficiency - measures and stages

Of a mass of the matter of corruptive influence, the corruptive efficiency will be in the direct ratio of its quantity - and in the inverse ratio of the efficiency of whatsoever counterforce operates in opposition to it.

1. The efficiency of whatever counterforce is acting in opposition to a mass of the matter of corruptive influence will be seen growing less and less at each stage in the several following stages - in the several stages /cases/ now to be described.

Stage the first and lowest. To the effective operation of the corruptive influence, the operation of individual more than one acting in concert and by agreement is necessary. In this case, the efficiency is (rendered) less and less in the ratio of the number of parties so concerned, and mutually knowing each other to be so concerned, whether it be on the one side or on the other.

This sheet discontinued in order to begin upon another plan.

1821. April 19.

Constitut. Cod First Lines (4) (2)

Of a given quality of the matter of corruptive

influence, the efficiency is less and less, in proportion to

the number of the persons whose mutually known concurrence

is [necessary to the receipt of the corruptive benefit] and

in proportion to the number and natural notoriety of the

acts necessary on the part of each person necessary to the

receipt of it: and where any penalty is attached to the conferring

or to the receipt of the benefit, to the magnitude of

the penalty, and the degree of propinquity and certainty

and propinquity attached to the infliction of it.

The case in which its efficiency is at the highest

point is the that case in which the receipt of the competitive benefit takes place by means of an arrangement

of law in the establishment of which no persons [now i.e.]

living at the time of the receipt of the corruptive benefit have been borne

concerned.; and it is in conformity to such arrangement that

the act by which the receipt is effected has been performed.

[xxxvi. 42]

1821. April 19 .

Constitut. Cod

First Lines

Ch. Corruption

\PS\ Efficiency - measures and stages

Of a given quantity of the matter of corruptive influence, /if/ the efficiency is less and less, in proportion to the number of the persons whose mutually known concurrence is necessary to the receipt of the corruptive benefit, and in proportion to the number and natural notoriety of the acts necessary on the part of each person necessary to the receipt of it: and where any penalty is attached to the conferring or to the receipt of the benefit, to the magnitude of the penalty, and the degree of propinquity nd certainty and propinquity attached to the infliction of it.

The case in which its efficiency is at the highest point is the case /that/ in which the receipt of the corruptive benefit takes place by means of an arrangement of law in the establishment of which no persons now. i.e. living at the time of the receipt of the corruptive benefit have been concerned /borne a part/; and it is in conformity to such arrangement that the act by which the receipt is effected has been performed.

[xxxvi. 43]

1821. May 14.

First Lines

Constitutional Instruments

Delusion

/Ch. Incorporeal instruments

2. Delusion/

In every case, the false conception or false judgment, whichsoever be the word produced, is the concepton or judgment of appropriate aptitude in its several shapes, with relation to the business of Government, as having existence in the hands by which the power in question is possessed and exercised. Conception may be the word in consideration of the rapidity with which the delusive effect is produced: judgment, in consideration of the permanence of the effects which, by this means, are produced.

On this occasion as on others, aptitude is to be considered with reference to the end: with reference to the production of the effect the production of which is the end in view. In the present instance, Government being the means, the greatest happiness of the greatest number is the only defensible end. On the part of the person or persons in question, aptitude, then, is aptitude for the producing - thence probability of their producing the greatest happiness of the greatest number, as above.

On this occasion as on every other, of this aptitude there will be three distinguishable shapes, elements or branches: viz appropriate moral aptitude, appropriate intellectual aptitude, appropriate active talent.

Under a Representative Democracy, the probability of consummate aptitude in every one of these shapes is at its maximum.

Under an absolute Monarchy, the probability of appropriate aptitude in these several shapes is at its maximum.

Under a limited monarchy, the probability of appropriate aptitude in these its several shapes is at a middle point betwixt the maximum and the minimum as above. The delusive effect /conception and judgment/ endeavoured to be produced, and but too extensively produced accordingly, is this - viz. that in an absolute Monarchy, and so in a limited monarchy, on the part of the possessor and possessors of power, appropriate aptitude, if not with relation to the only defensible end as above, at any rate with relation to the proper business of Government, whatsoever it be, is consummate.

[xxxvi. 44]

1821. May 4.

First Lines.

2. Constitutional Instruments Delusion

/Ch. Incorporeal instruments

2. Delusion

2. \PS\. Delusion/

Apply to oral discourse the principle of the Book censorship. Over every company or individual, set a keeper to stop his mouth, &c.

The delusion practised may be distinguished into positive and negative: positive, operating by the holding up of false lights; negative by the exclusion of true lights. Of the several false lights and of the several instruments by which they are capable of being diffused and diffused accordingly, and made productive of those errors in judgment and practice for the production of which they were devized, a view will be given further on. For the exclusion of true lights, the measures capable of being taken and taken accordingly may be distinguished into collectively-operating, and individually-operating.

Those which operate collectively, have for their subject matter the matter of discourse in its permanent and visible and permanent form, consisting of the productions of the press. Of the presses, from which they respectively issue, the situation is either within or without the dominions of the Government in question. In so far as it is in the former case, the institution by which the end is aimed at is termed the Censorship. In this case, a general interdict is established by which the publication of all literary works in general stands prohibited. But, at the same time, a system of licensing is established, in virtue of which at the will of certain persons termed the Censors, an exemption in favour of such works as it shall please them so to favour may be granted.

[xxxvi. 45]

1821. May 24. 1822 Aug. 9.

Constitut. Code

First Lines

Constitutional Instruments Delusion

/3. Ch. Incorporeal instruments

3. \PS\. Delusion/

For the exclusion of lights of either tendency, the sanctions employed may be either of the punative kind or the remuneratory. When of the remuneratory, the mode of proceeding is indirect, consisting in the application of the matter of remuneration to rival studies and pursits.

In the Church of England Universities, for example, it is this indirect mode of excluding intellectual light that cuts the principal figure. In those seminaries /richly endowed/ of corruption & mischievous delusion, a plan of this sort has for a long time been systematically pursued. Under this limited monarchy, the class of the sub-ruling few can not be so compleatly ecluded as are under the Austrian government all but he class of this sub-ruling few, from the benefit of all literary instruction. Under the guise of instruction some literary matter can not therefore but be allowed to come within the cognizance of the senses of those to whom useful instruction is professed to be administered. Meantime, what can be done is done. Among the subjects and sources of supposed instruction, those by which no instruction at all, or instruction as much as possible worse than none are suppiled, are selected with religious care. To excellence displayed on these masses of reward, large enough to operate with the most irresistible attraction, are held up to universal view: and, for straining /putting/ exertion to the utmost pitch /stretch/, the principle of public competition is employed.

[xxxvi. 46]

1821. May 15.

First Lines

4 Constitution

4 Instruments Delusion

Downright falshood

False intenuation

Slendour, lustre of the Crown, the Throne, &tc.

Not only in respect of the magnitude of the scale, but in respect of the evil done by a given sum thus obtained, the evil produces by money obtained by false pretences by acknowledged malefactores for their own use is inconsiderable in comparison of the evil produced by money obtained on these pretences by those by whom the powers of government are possessed and applied to this use.

1. Where it is by the acknowledged malefactor that money obtained on a punishable false pretence is obtained the mischief of the second order is, if not nothing, next to nothing. In the eyes of each man, his own prudence is a sufficient security against the repetition of such practices at his expense. No such security can be seen or fancied by the prostrate subject - the helpless /remediless/ labourer - from whose hands the produce of his labour is wrung from him on this pretence.

To the physical sufferance from extortion, and the fear of endlessly encreasing extortion is added in this case the moral evil constituted by the false pretence. On some of /the part of/ those from whom the money is wrung, a falshood, perhaps, produces its intended effect - the delusion is produced. Whether any such deception /dupery/ is experienced by those who are active or willing contributors to those exercises of irresistible power by which the extortion is produced, let any man judge.

[xxxvi. 47]

1821 May 15

Constitut. Code

First Lines

Ch Delusion

Instruments [...?...?...?...?...?...?]

\PS\ Instruments of misrule - their comparative mischievousness.

1. Force is on this occasion out of the question.

2. Intimidation, on this occasion the question is, between intimidation, or say force and intimidation on the one hand and corruption and delusion on the other.

1. Evils produced by force and intimidation are -

1. Pain of actual sufferance, in so far as they are actually applied. This is confined to the actual sufferers and their immediate connections.

2. Pain of apprehension: viz. of like sufferance from like causes. This pervades the whole community, applying to every individual member of it.

A 3. A sense of coercion: viz compulsory and restrictive: A more particularly restrictive. This operates in a more particular manner in repression of productive labour and thence in diminution of the matter of abundance and means of subsistence: the sense of insecurity being general, the sense of insecurity in respect of property and thence in respect of the fruits of labour is involved in it.

In the case of corruption where corruption is the only instrument employed no one of all these evils has place.

So likewise in the case of delusion, where delusion is the only instrument, or corruption and delusion are the only instruments, none of all these evils has place

A Note stating the state of the Turkish and Spanish Government as compared with that of England in the misgovernment of which corruption and delusion have the greatest share.

[xxxvi. 48]

1821 May 15

First Lines

Constitutional Instruments

2. Evils of corruption.

By corruption considered in itself, no one of the evils which as above have been seen produced by force and intimidation are produced. But as compared with force and intimidation, corruption has the same object and effect, viz. sacrifice of the greatest interest of the greatest number, to the interests real or imagined of the ruling one with or without the interest of the sub-ruling few.

Moreover of the sub-instruments of corruption viz money, power and factitious dignity, money the most surely and extensively influential is not obtained but by means of force and intimidaton: thus far then in the evils of coruption, the evils of force and intimidation are involved.

If the influence of force and intimidation is more irresistible, and, for the present, the most effective, the influence of corruption is more permanent: and the exclusion of it the more hopeless.

By force and intimidaion, resentment is excited; and, in deisr and endeavour, retribution called forth: by corruption, no such hostile passion, no such hostile endeavour or desire are produced.

By corruption - by corruptive influence on the one part, and corrupt obsequiousness on the other part - the irritation produced by force and intimidation is allayed.

Corruption, though a deadly poison, is a slow one: a poison by the progress of which no particular alarm at any particular period is produced: no alarm at any period in any degree approaching in magnitude to that of the real danger or the real mischief.

By every atom added to that of the existing mass of the matter of corruption, the effective force of the whole is of course encreased: by every addition made to it, the faclity of making further additions to it is thereby encreased: the less sensible are the subject many at whose expense the matter extracted, not only to the mischief produced by it, as above, but also to the evils produced by the force and intimidation by which it is produced: and while on the part of the sufferers themselves - while on the part of those by whom the suffering is experienced the sensibility to it is diminished, no wonder if on the part of those by whom the suffering is inflicted, the reluctance, whatsoever, if any, may at any time have existed, is diminished likewise.

Note, making exemplifications from the English Government.