JB/036/172/001

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1822 July 24
Constitut. Code

The worst that could happen to the ruling and influential
few from power if vested in the hands of the many that is
to say say rather of all themselves the ruling few included – is to see
themselves, brought down to the level an equality of the many in all
things wealth excepted: in respect of power, to the having
no more than an equal chance for power in respect of factitious
honor to be directed without it, the many being at the same time
unpossessed of it.

While the triumvirate of the wealthy the powerful and
the factitiously dignified reigns, injustice to the prejudice of
the greatest number reigns in every part of the field of government:
injustice for to the benefit of the those few to the at the expence
and to the burthening of the many. Suppose that portion of
the aggregate mass of power which they are capable of holding
– suppose the Constitutive power – in the hands of the greatest number many,
what in respect of justice and injustice would be the
consequence? Not the reverse of the present state of things:
not injustice to the benefit of the many at the expence
of the few, but justice to all alike.

Take England for example. By the factitious expences
proposed imposed on justice judicial proceedings nine tenths of the population to say the
least are excluded from the benefit of justice as well in the character situation
of defendants or in that of plaintiffs,⊞ ⊞ the a line is then
drawn by between the
wealthy and the non
wealthy: wealthy
all those who are
capable of demanding
the assistance of the
judicial office, or resisting
the demand when
made or the charge by
extras: the non-wealthy
all those who are incapable
all those whose
also situation is below the line of separation as at the mercy of all those whose situation
is above it. Now suppose those this factitious
burthen compleatly removed, what would be the consequence? that
the wealthy would be at the mercy of the non-wealthy? No:
only that they would those few would cease to see the many lying absolutely a their mercy:
and that they both in so much that the two parties would have to contend upon terms
less consequent than at present. I see less unequal for as to absolute
equality this is what the very nature of the case absolutely forbids.
For it is upon evidence that the fate of every cause depends, and evidence
is not in any case to be had altogether without expence: and to the necessary amount of
the expence, even with all factitious expence is struck off, no determinate limits can be assigned.

Identifier: | JB/036/172/001 "JB/" can not be assigned to a declared number type with value 36.
Date_1	1822-07-24	Marginal Summary Numbering
Box	036	Main Headings	constitutional code rationale
Folio number	172	Info in main headings field	constitut. code rationale
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c2
Penner	jeremy bentham	Watermarks	c wilmott 1819
Marginals		Paper Producer	andreas louriottis
Corrections		Paper Produced in Year	1819
Notes public		ID Number	11096
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