★ Keep up to date with the latest news - subscribe to the Transcribe Bentham newsletter; Find a new page to transcribe in our list of Untranscribed Manuscripts
1830. Sept. 23
J.B. to France against Peers
Letter II against Peers
(5)
78 Duration U.S. Experience
For giving more than one
year well-known determining
reason the distance
of some of the States from
the place of Session
79 Duration Favours Corruption
One reason for shortness its
use against corruption,
the longer the term, the
more valuable the
service the Member has
to sell; and the more
it is worth the buyer's while
to give for it.
80 Duration Favours Corruption
In the U.S. Senate the longer
the time, the more a
buyer would give
place for a of
the patron Senator
81 Duration Favours Corruption
Conclusive in the
first why less so (this
reason) in the second.
81(a) Duration Continuation Committee
In Const. Code – Ch. VI §. 24
Continuation Committee is
an arrangement uniting
with incorruptibility the
maximum of experience.
This is ready for translation.
82 Duration
After these specially-applying
reasons scarcely worth
giving can be the universally-applying
reason – decrease
of moral aptitude by
the increase given to the
love of power by length of
possession.
83 Duration
So great the evil from the
length when 6 years, how
much greater when co-extensive
with life beginning
with age of majority?
Superfluous here any additional
reason.
---page break---
84 Hereditariness
Last case as to duration or
hereditary service.
Every Member serving
as many years as his life
lasts; and being located not
by choice, but by the chance
of
85
For location in sd C (or 1st) Chr.
reason hence deducible none:
against, yes.
86
Coupled with this mode of
location is superior opulence
with opulence, indolence,
disdain of work, aversion
to the labour of attainments
for the work, disdain of
constituents as being comparatively
poor: correspondent
superiority of strength
in the appetite for wealth.
87
Invented by corruptionists
is the notion that the appetite
is satiable.
The older & larger the
shark is he less ravenous?
88
Of the choice of such a mode
of location can desire of
securing appropriate aptitude
and thence benefit
to the public have been
the cause? No: but family
affection and family
pride.
89.
Early as possible should be the
commencement of the experience.
In the situation itself by
the supposition this is impossible:
no situations affording
similar businesses:
not for example subordinate
situations in
the same line of service.
Examples in use
1. Military service
2. Judiciary service.
89(a)
By J.B. in Const. Code Ch XII
&c Judiciary application of
this principle is maximized.
---page break---
90
Such the objections in the
most favorable case:– a
case supposable for argument's
sake – namely locators
of the 2nd. same as
of the 1st. Remaining
supposable case, locator
King. Terms of service,
as above, here supposable
1. As in 1st Chamber
2. Six years as in U.S. Senate
3. Co-extensive with life
4. Co-extensive with life
and hereditary.
91.
Between modes 3 & 4
actually the question.
For inaptitude of both
term of service and locator,
see above.
92.
Additional objection of
service in the Judiciary
was added to that in
the Legislative.
93
Answer, of course, No.
For Reasons, see below,
Art. 94, &c.
94
Need and use of judiciary
in contested cases giving
execution and effect to
legislature's will. For issuing
commands and
insuring execution in
cases individually taken
no supreme individual,
much less a supreme body of
could find him: hence
subject matters of command
are divided and
subdivided into classes
and subclasses: the
supreme legislative
operating by correspondent
mandates addressed
to them.
94*
Contestation not expected,
subordinate authorities
administrational:
constitution,
existing, judicial: Judge
rendering the service necessary
to give execution
to legislative will,
when in the first instance
not complied
with.
84**
Such combination rejected,
still in hands other than
those possessing the whole
or part of the Supreme
legislature must be the
supreme Judiciary – what
shall they be?
Case of Non-representative
democracy excepted; as in Switzerland.
95.
Answer – possible options
these – 1. King alone
2. Peers' Chamber alone
3. Deputies' Chamber alone
4. King & Peers' Chamber
5. King & Deputies' Chamber
6. Peers' & Deputies' Chambers.
7. King, Peers' & Deputies' Chrs.
|
Identifier: | JB/023/060/001 "JB/" can not be assigned to a declared number type with value 23.
|
|||
|---|---|---|---|
|
1830-09-23 |
78-93, 94**, 95, 94, 94* |
||
|
023 |
lord brougham displayed |
||
|
060 |
jb to france against peers |
||
|
001 |
|||
|
marginal summary sheet |
1 |
||
|
recto |
e5 |
||
|
7931 |
|||