JB/038/195/001

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1823. May 26
Constitut. Code III. Rationale

Ch. Legislative
§. Functions. Omnicompetence

1.
Legislature — why
omnicompetent?

Answer. Reasons.

1. Unlimited the evil
producible by restrictive
arrangement.

2. Good none: the evil
combated by the Restrictive
arrangement — viz. power in
hands not dislocable
by people not having
place in this Constitution.

2.
3. Contradicted by restriction
is the greatest happiness
principle. Precluded
are succeeding
Legislatures from establishing
this on that arrangement
in their judgement
contributory to greatest
happiness, because
uncomformable to preceding
ones.

3.
4. Untenable is the
assumption that in
succeeding, appropriate
aptitude in any shape,
is less than in preceding
authorities.

4.
I. Moral aptitude: postponed:
here, more intelligible
after intellectual.

5.
II Intellectual aptitude.
Absurd the supposition,
that, either in the same
or different individuals,
appropriate knowledge
is less at a later than
an earlier period.

6.
or do. judgment: of judgment,
sole sure foundation,
knowledge, the more
the foundation,
the do. the superstructure,
if well grounded

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Ch. Legislative
§. Functions. Omnicompetence

7.
As to every other branch
of art and science,
recognized is the benefit
produced by, and proportionable
to, experience.

If Government be an
exception, on the assertor
it lies to prove it.

8.
Individual and his knowledge
given, probability
of right judgment, will
be as intensity and
duration of attention.
Never can the author of
the restriction have
bestowed on any one
arrangement inhibited
by it as would in
course be bestowed on
it, but for the restriction.
Time bestowed on the
entire restriction, say
twenty days: by it, are
inhibited arrangements in
indefinite number, of
which no one perhaps
would have been
determined upon in less
than that same time.
Thus the more, gives
way to the less, fully
considered opinion.

9.
Confused, incorrect and
incompleat has, in
every instance, been the
survey by which the
restriction has been dictated.

10.Now as to moral aptitude
most plausible an objection
on this ground. On the
supposition of universal
deficiency, as to this is
their Constitution grounded
against this to provide, is
the object of the restriction.

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Ch. Legislative
§. Functions. Omnicompetence

11.
Answer. Against this
deficiency to provide, is
the object of endeavour here
throughout. Main means
employed — keeping fixt
as universally & constantly
as possible, the attention
of the people on the
conduct of their agents,
with power to dislocate
them.

Nothing does the restrictive
system contribute
to this object: no additional
means.

12.
More likely is moral
aptitude deficient in
restrictors than in restrictees.
How adverse soever
to universal interest, how
favorable soever to their
own, thus may they
exclude all possibility of
relief.

13.
In such restrictions,
every mischievous
interest and prejudice looks
for, and as far as it
extends, finds perpetuity for,
it's gratification.

14.
Pro tanto is thus done
what by a second chamber,
members not located
nor dislocable by
people, is done pro toto.

15.
To be so employed in
support of evil is it's
characteristic property. Good
needs it not. A change
so good that no argument
could be opposed to it,
finds in this a bar, &
that an insuperable one.

16.
Only to part of the field
does it so much as profess
to afford security: in what
it leaves untouched sinister
interest & prejudice may

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Ch. Legislative
§. Functions. Omnicompetence

16 contind.
may find abundant
gratification: by the
partial security, if any,
which it affords, it gives
a false certificate of
adequate security.

17.
With conjunct influence
act in support of
fresh restriction, moral
inaptitude — viz. sinister
interest, and intellectual,
in shape of self
sufficiency, wilful blindness
& obstinacy.

18.
For this tyranny what
place, had predecessors
exercised the like?

6 Jun 1823
Notice the impossibility
of omnicompetence under
the Federative Constitution
of U. S. as against
the Local Legislatures.

Identifier: | JB/038/195/001 "JB/" can not be assigned to a declared number type with value 38.
Date_1	1823-05-26	Marginal Summary Numbering	1-18
Box	038	Main Headings	constitutional code
Folio number	195	Info in main headings field	constitut. code
Image	001	Titles	ch. legislative / functions - omnicompetence
Category	marginal summary sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering
Penner	john flowerdew colls	Watermarks	j whatman 1821
Marginals		Paper Producer	john flowerdew colls
Corrections	jeremy bentham	Paper Produced in Year	1821
Notes public		ID Number	11832
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