[036-102v]

1822 Feb. 16

Codification Offer

'.5.

VI.

2

The use of the rationale in the character of a standard of comparison and a test of aptitude has above been brought to view.

The draughts supposed to be sent in will each of them by the supposition be each of them furnished with its interwoven rationale. By that rationale the aptitude of each proposed arrangement its aptitude with reference to the greatest happiness of the greatest number will stand demonstrated. But in proportion as of the aptitude of this or that proposed arrangement demonstration thus given is conclusive and satisfactory, the inaptitude of every proposed /proposable and even of every imaginable/ arrangement that can stand in repugnance to it will stand demonstrated. So many draughts of rationalized Codes sent in so many of these standards already set up, with any and every of which every proposed arrangement to which it can happen to be proposed by any hand possessing a share in the legislative power may be confronted and compared: and that in what manner it is in the nature of a rationalized Code with its rationale to serve not only as a guide but /and that every such standard acts/ as a bridle to all legislative power is a truth that has been shewn above. (See Section  ). been already brought to view.

In this character it will be in the hands of subject Citizens in the character of Constituents it will give and to a vast amount additional /and to a vast amount/ force to that whatever it be which in such their character they are already in possession of. For at present on the occasion of the judgment formed by them respectively in relation to the aptitude of their proposed Representatives what have they for their guidance? absolutely nothing but such crude and indeterminate, incorrect, and incomplete and imperfectly consistent conception in relation to the several departments of the filed of legislation and government as chance has given rise to in their minds, with the addition of the naked opinions of any such persons as they may have respectively been disposed and able to take advice from: whose conception will in like manner have had an origin always similar in its nature if not always less exposed to /pregnant with/ error it is degree; and in every part of the field the judgment of both parties consultors and advisor will without any preservative any instrument of security stand exposed to the sinister influence and delusion of all those fallacies with which the whole of that field is infested.

[xxxvi. 102]

1822 June 28

Constitut. Code Rationale

Supreme Operative

I Monarch absolute

1. Morals

Question. Why not give to the State-Chief, possessor of the Supreme Executive power under the Supreme Legislative the Supreme Legislative power, thus placing the whole Operative power of the Country in that one hand.

Answer Because in that case the inaptitude opposite to appropriate aptitude in all its several branches would be /is/ at its maximum.

1. The inaptitude opposite to appropriate Moral aptitude is in this case /state of thing/ at its maximum. In consequence /pursuance/ of the self preference inherent in human nature, the end of his government will be the greatest possible happiness of his individual self. This object according to whatever happens to be his notions of it he will pursue without regard to the happiness of the greatest number, at the expence of that happiness, and to the sacrifice of that happiness. His sinister interest having no right and proper interest to serve as a check to it, the force of his power having no counterforce to check it and keep the action of it in a state of conformity to the public interest, his desire to make on all occasions the sinister sacrifice, will have nothing to /find no power in a condition to/ oppose it, will on every occasion find ample means for the gratification of it and the sacrifice will at all times under his government be consummated.

He will accumulate under his own grasp all the external instruments of felicity, all the objects of general desire in the greatest quantity possible: all at the expence of and by the sacrifice of the felicity of the other members of the community

All around him being below him, dependent every one /all/ of them on his pleasure for whatsoever portion of felicity they are suffered to enjoy, he find in none of them any desire to oppose his will in any of the above particulars, in all of them the disposition and the endeavours to give accomplishment to it.

They

[036-103v]

1821 Nov 28

Codification Offer

'.8. Foreigner best

The service by the rendering of which the initiative function would in the case /with reference to the body of law /work// in question be rendered is the composition of a proposed Code in possession of the properties here in question: a Code all-comprehensive and rationalized. Of aptitude for this service the most apposite evidence and conclusively probative test would be a work of this description already executed: a work in the composition of which the universally applying circumstances had been taken into consideration and put to use, with or without the specially /locally/ applying circumstances appertaining to this or that particular country or nation. But of a test of aptitude was thus describe no example hath as yet ever made its appearance. Least widely distant from this description is the body of law composed of the Codes drawn up and sanctioned under the orders of Bonaparte. But as to all-comprehensiveness to the putting the work in possession of this property no endeavours appear to have been directed. By the whole Taken together a larger portion of the field of law appears to have been covered with law than had ever been covered with that matter /law/ in any former instance but as to /to/ the tracing an outline of the whole field, and shewing that a covering had been provided for, no signs of any such endeavour are to be found. /have presented themselves./ As to the /a/ rationale, an interwoven rationale neither has this ingredient /any document /instrument/ of this sort/ been provided. To some parts /portions of that body/ there are some loose observations hanging as it were in the region of the clouds, but nowhere is any particular and direct application of them.

[xxxvi. 103]

1822 June 28

Constitut. Code Rationale

Supreme Operative

I Monarch absolute

1. Morals

He finds them joining one and all in the assurance that his greatest happiness is the only right and proper end of government: that if the happiness of any other individual is a fit object of regard to him or any one else, it is only in so far as the happiness of the individual subject /servant/ may chance to be an object of regard and sympathy to the universal master.

To /In the eyes of/ this one Member of the community all the others will be objects of regard on the same footing /a footing similar to that/ as working cattle are in the eyes of the proprietor. On the part of an ill-tempered Monarch the treatment experienced by them will be that sort of treatment which is experienced by cattle at the hands of an ill-tempered Master. The best that can happen to them in the hands of the best tempered Monarch is to be treated upon as good a footing as cattle are treated upon by a good tempered Master

But at /in/ the hands of the best tempered Monarch they never will in any instance be treated upon as good a footing as in the hands of a good tempered it is common for his cattle say his horses for example to be treated. His horses will be continually in his presence: in the event of their being ill-treated by the negligence or malice of a servant, the ill treatment they have undergone /suffered/ will manifest itself by visible signs: by the appearance of their suffering the sympathy of the Master will be called into action. Knowing that the quantity of service he can obtain from them without prejudice to their appearance is limited - and that so sure as he endeavours to obtain any more their appearance will and their value in his eyes will be deteriorated he will never work them to excess No determined and permanent resistances to his will being ever opposed by them and The inferiority of their minds to his being manifest, they will on no occasion be the objects of his ill-will or of his anger: among trained horses there is no such thing as a determinately and constantly rebellious horse.

[036-104v]

1822 Jan y 14

Codification Offer

'6 Factitious remunerat

Time wanting

Under these circumstances but for the objections that have been brought to view, supposing the plan of universal admissibility not approved, an obvious course, and one that under the recommendation of custom /usage/ seems not unlikely to be pursued is the remuneration plan here contended against. For this it will naturally be said threatens to be the labour of /occupation for/ a large portion of a mans life: labour too severe and long-continued to be submitted to without retribution: especially by the exercise of a function to which so few can regard themselves as competent and amongst them still fewer who being possessed of adequate talents will not prefer the giving to them some lucrative exercise in preference to one which though /so preeminent/ in importance superior to all others has neither emolument nor power attached to it.

In support of /Supposing that corruptive plan proposed, in support of/ that corruptive plan the abovementioned circumstance of the quantity of time necessary will naturally be brought forward and held up to view. But how relevant and urgent soever the deficiency in the quantity of applicable time /want of time/ is in the character of an objection to the admission of /giving admittance to/ a draught from any Member of the ordinary Legislature, it has no application to the question whether extra remuneration at an extra expence to the public shall be employed for the obtaining compositions of the sort in question from other hands.

[xxxvi. 104]

1822 June 28

Constitut Code Rationale

Supreme Operative

Monarch absolute

1. Morals

On not near so good a footing are subjects in the eyes and hands of the best-tempered Monarch. Of the whole number of them no more than a very small part at the utmost are ever under his eye: those who are worst treated, those whose sufferings are greatest from the treatment they receive under his government are never, especially while under /enduring/ that treatment, under his eye. Among them /Of this whole number/ there will always be a large portion by which his ill-will his anger will continually be called forth. By Every obstruction afforded by any one of them to the fulfilment of his will his anger will be called forth, and such obstructions howsoever kept under by fear and hope must notwithstanding be universal and continual.

Whatsoever quantity of the external instruments of felicity he happens at any time to have in his hands or at his immediate command he is never satisfied with it. He never can be satisfied with it so long as he sees around him any other of those instruments that are not equally at his command. In his desires are included those of all the persons attached to his immediate service and of those desires there are not any that are or ever can be compleatly satisfied.

Seeing that his gain in happiness never can have place but by means of loss to theirs and that by /of/ every such gain loss to theirs to a prodigiously greater amount is a neverfailing accompaniment, what he can not entirely avoid the perception of is - that of the suffering thus produced by him ill-will to an amount more or less considerable in the instance of every such sufferer is liable to be the consequence. In them in a word /Among them in a large though never exactly determinate proportion/ he beholds so many enemies: by the contemplation of enmity on their part enmity on his part is produced In /For/ the gratification of this enmity as well as for keeping down resistance and securing against non payment the continually encreasing quantity exacted by him of the instruments of felicity exacted by him at their expence, the afflictiveness of the penal law is continually screwed up to the highest amount that is thought to be consistent with their efficiency. Thus it is that in the very best tempered Monarch by far the greatest number of the rest of the community have an enemy, and that enemy an essentially implacable one. If under such a Monarch such is their condition, what must it be under an ordinary one.

[xxxvi. 105]

1822 June 28

Constitut. Code Rationale

Supreme Operative

Monarch absolute and

limited

1. Morals

As in their own Monarch all subjects have an enemy so have they in every other.

Monarchs it may be said are apt to go to war with each other: and when with any two Monarchs this happens to case, the subjects of each should in that Monarch who is the enemy of their Monarch, that is of their natural enemy have a friend. But in practice this is not the case. The war one Monarch carries on with another Monarch is a war of rivalry but it is not a war of enmity: every Monarch is to every other Monarch an object of respect: and where there is respect on both sides, no rooted no decided enmity can be said to have place on either side. Between Monarch and Monarch war is upon the largest scale that which between professed pugilist and professed pugilist it is upon the smallest scale. By one another they are stiled brothers; and in that on occasion they are sincere. They have a common interest: and that interest is paramount to every other interest. Many a Monarch has given up to a brother Monarch, and freely too, domains he might have kept if he had pleased. No Monarch ever gave up freely to his own subjects an atom of power which in his eyes could be retained with safety. War is a game: a game of chess /of backgammon/. Between two players at the game of war there is no more enmity than between two players at backgammon On the part /breasts/ of the players at war there is no more feeling for the men of war /of flesh and blood/, than at /during/ the game at backgammon there is on the part of the men of wood there is for one another or themselves.

While to one another all Monarchs are objects of sympathy: to all Monarchs all subjects are objects of antipathy of a sort of compound sentiment, composed /made up/ of fear, and hatred and contempt: On the part of all Monarchs there exists something like that which women and children are apt to feel for a toad. In the breasts of all Monarchs there accordingly exists at all times a natural alliance, defensive and offensive against all subjects.

As between injurers and injured, the man on whose part antipathy toward the other can soonest cease /is most apt to cease/ is he who has been injured /by whom the injury has been sustained/: the one on whose part it ceases with greatest difficulty if it ever ceases at all is he by whom the injury has been inflicted.

Betwixt every Monarch and every other there exists a powerful cause of sympathy: in no instance ever could or ever can that cause have failed to be more or less productive of effect. On the same principle /In the instance of all of them/ on one and the same principle /set of principles/ is grounded that obedience by which their power is constituted, and in proportion to which it has place disposition the effect of habit: habit the effect of force, fear, corruption, delusion: and sinister interest, interest-begotten and authority-begotten prejudice By every other throne he sees shaking, if the shock be from without he feels the shock communicated to his own.

[xxxvi. 106]

1822 July 1.

Constitut Code

Supreme Operative

I. Monarch

1. Morals

Lords veto Aristocratical Section of Public Opinion Tribunal paralysing democratic do.

Not merely in the exercise of his political power - not merely in the public part of his life, but in the private part of his life, the natural tendency not to say the constant effect of his situation is to place it not at the top but at the bottom of the scale of moral worth, and this whether the influence of the self-regarding principle or that of the purely social principle namely sympathy - be considered. By the purely self-regarding principle the more urgent the need a man feels himself to have of the kindness and free good will of others, the more anxious /strenuous/ and steady will be his exertion for the obtaining it: the less the need the less strenuous The kindness and free good will and thence upon /as/ occasion /calls/ the good offices the services of others are in so far as /where/ power of remuneration is wanting no otherwise to be obtained than by demonstration of the like kindness, in effect and in endeavour a man's own part as towards them: the stronger a mans need of the effective benevolence of others the stronger the inducement he has for the manifesting effective benevolence as towards them: an inducement which in this way self-regarding prudence is sufficient /suffices/ to afford: the less the need, the less strong the inducement. But the Monarch is of all men the man who by a vast amount has least need of kindness and free good will and free good offices and free services at the hands of others - of the fruits of effective benevolence unmixt with those of self-regarding prudence. For whatsoever good things it be that in other situations men are indebted for to effective benevolence, it is in his power to command partly /in part/ by his punitive force /power/, in other part by remuneration.

So the more extensively a man feels himself exposed to ill treatment at the hands of others, the stronger is the inducement he has to bestow upon them good treatment upon them, for the purpose of averting from him the effects of such their ill-will: the less extensive the exposure, the less the inducement. But the Monarch is of all men the one who stands the least extensively exposed to ill treatment at the hands of others: he is in a more especially degree protected /guarded/ against it by his /the/ punitive /branch of his/ power, and again by the remunerative, the /[...?] of the/ assistance and support considered which in the way of purchase, and without need of kindness on their part, it puts him in a condition to command on every occasion at the hands of others.

[036-107v]

1822 Jan y 13

Codification Offer

Admission Universal

Thus stand displayed the causes by the joint application of which in the case of a work of the sort in question its probable degree of appropriate aptitude is diminished, in the case where the draughtsman by whom the initiative function performed by the drawing of it is either a sharer /either has himself a share/ in the correspondent consummative power, or as he can scarce fail to be is operated upon the influence of those by whom, on the occasion in question that power will have to be exercised

But, the greater the number of those at whose hands proposed original draughts for the purpose in question are invited, /invited, under the assurance of their being noticed/ the greater the number of those by whom the invitation will be more or less likely to be accepted the greater the number likely to be sent in: and the greater the number sent in, the greater the probability that among them will be some one in the instance of which the elements of appropriate aptitude exist in the largest proportion that the state of the human mind in the age /at the time/ in question admitts of.

While on one part /in one quarter/ depredation and oppression are pursuing their course on an all comprehensive scale, in the other quarter discontent, perhaps even insurrection will here and there make their appearance. /symptoms of dissatisfaction with here and there an act of violence become visible, and here and there resentment of the fond hope of remedy burst the trammels of restraint. In resentment for myriads of lives sacrificed in war, a single life a dozen lives a score of lives perhaps no more than a single life are destroyed /sacrificed/ without any such word for a pretence/ On each occasion on which any such symptoms make their appearance, instead of giving execution to the existing laws, laws more and more oppressive succeed each other on pretence of the insufficiency of all preceding ones

In return for [...? ...? ...? ....? ...? ...?] by thousands this or that single man is destroyed or pillaged. This is what was [...?]. instead of giving execution to existing laws on such occasion , laws more and more oppressive are added to all former ones; physical means of security left unemployed that a pretence may be left for the continually augmented train of verbal ones.

[xxxvi. 107]

1822 July 1.

Constitut. Code

Supreme Operative

I Monarch

1. Moral

Of this stae of things of this circumstance belonging to his condition what is the result? It has been already stated. To place not according to the vulgar mode of designation at the summit but at the lowest point in the scale of moral worth him whose place in the scale of power is at the summit.

If the current mode of estimation is in so strange a degree erroneous, where shall the causes of the error be looked for? The reason may be /is/ given in two words - corruption and delusion. For the application of them see │   │