JB/037/361/001

Click Here To Edit

1824. Oct. 8
Constitutional CodeCh. VI. Legislature
§. 1. Composition &c House, one.
Evil 2. Monarchy prevalent

Evil 2. As evident Prevalence given to the evils of the monarchy, were that
of the majority: to wit in both Houses taken together.

N.B. In this case the particular evil effects are not matter of
certainty: they are but presumable: howsoever well grounded the presumption.

Unless some special probable cause of error be assigned – applying
to the majority and not applying at all or not in equal degree force
to the minority, the probability of right judgment will in every instance be as
in the exact ration of the number of the majority to that of the minority. On the supposition
it is is groun the position grounded that in every instance in which the act of the whole
is made to consist of the act of the majority is acted upon as
if it were the act of the whole.

Say for example Number of Members in the one House 200:
in the other 40: 20 in the smaller House added suffice to
over-rule the will of 19 in that same House added to that of the
200 in the other House.

In every case if there be any reason for giving the
preference to the judgment and will of the few to that of the many,
it lies upon those who are for this departing from the general rule
to assign special and sufficient preponderant reasons for such the departure.

The Against it the strength of presumption is considerable.
The Of the number of the first House the choice will of course
be made upon such principles as are regarded as calculated
to send in the aptest Members, aptest in way on the aggregation of all of the parts
of appropriate aptitude: they are regarded as those in whom, in
consideration of that plan of election location more confidence assurance may with
propriety be placed there upon Members located upon any other plan.
Add now a second House, either the location is preferred
upon the same plan, or upon a different one. If upon the
same plan, then comes the incongruity of giving to the minority
the prevalence over the majority, and without any reason to for it,
if upon a the plan be different plan, than by the supposition it is either more
than equal, or worse: or at best no more than equal: but if no more
than equal the whole matter attendant upon it is thereon always employed in waste.†
†Add here, or refer to the
the §. expedient of making
the Members of the 2d House
elected by the Legislature of the
several Notes.

Identifier: | JB/037/361/001 "JB/" can not be assigned to a declared number type with value 37.
Date_1	1824-10-08	Marginal Summary Numbering
Box	037	Main Headings	constitutional code
Folio number	361	Info in main headings field	constitutional code
Image	001	Titles	rationale
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d2 / e2
Penner	jeremy bentham	Watermarks	j whatman turkey mill 1824
Marginals		Paper Producer	jonathan blenman
Corrections		Paper Produced in Year	1824
Notes public		ID Number	11576
Box Contents