JB/037/125/001

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1823. April 16
Constitut. Code. II. Exposition

III. Reason-giving.

[1] [Punishment] Question 1. Why, in any case, render the number of the
Supreme III. Reason-giving Legislative punishable?

[1] Punishment Answer. I. For the production of the effect, as above, intended, – subordination
by dislocability is alone would not of itself uniformly be in every case adequate sufficient.

It fails in two cases: 1. If that in itself, in consequence
of the facts, and situation in other respects, of the subordinate
in question, it is a matter of indifference to him, whether he retains continues
such his situation, or passes out of it. 2. If, in consequence
of his relative moral inaptitude, added to exposure to temptation
from without, he views beholds in some a benefit in some
shape or other obtainable expects by the breach of his official
duty has possessing what to him appears an adequate assurance, of obtaining, by some
breach of his official duty, a benefit the value of which is in his eyes preponderant
in over the value of the office to him, task and
situation considered as above, such is his relative moral inaptitude
and such the strength of the temptation to which his probity
stands exposed, that he determines to break the duty accordingly, and possess himself of the benefit.

2. Nor yet As punibility alone is great, so is subordinate So, neither is subordination
2. As dislocability alone is not, so neither is punibility alone
by legal punibility of itself, in every case, adequate sufficient sufficient.
If it be no otherwise than by legal legal prosecution in the
that the dislocation punishment can be effected – by prosecution sat in the
forms of judicial procedure, the delay and expence vexation
added to the odium, with or even without attached to that process,
may, be such as to produce in with or without a feeling of sympathy as towards the subordinate
suffice to produce, on the part of the subordinate, the habit
of suffering his will, to remain be left without execution and
effect, by the unobsequiousness of the subordinate.

4. The In this case, the odium – the delay, the vexation, will in a degree more
or less considerable attach in this upon the subordinate: whether even where though
he himself does were not of to appear and officiate in the character
of prosecutor: much more where he does: if he were so to officiate: still more, if
by upon him, that the burthen of the expence on that side, or a part of it more
or less considerable part if it has is such burthen were
to be; to his that is to say ultimately, or even though it were but
provisionally.

In no small degree does this obstacle to the application of punishment
apply have place even in the case where the punishable functionary is a member of
the legislature, and the punishing authority the Supreme Constitutive: by the Electors: for no such powerviz. whole body of the Electors, acting by their deputies
the a succeeding legislature,
for in neither in the situation can punishment be inflicted, but men must come forward as prosecutors.

Identifier: | JB/037/125/001 "JB/" can not be assigned to a declared number type with value 37.
Date_1	1823-04-16	Marginal Summary Numbering	1-2
Box	037	Main Headings	constitutional code
Folio number	125	Info in main headings field	constitut. code ii expository
Image	001	Titles	iii reason-giving
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e1
Penner	jeremy bentham	Watermarks	j whatman turkey mill 1822
Marginals	jeremy bentham	Paper Producer	jonathan blenman
Corrections		Paper Produced in Year	1822
Notes public		ID Number	11340
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