JF 541 B445J A = AP = -^^ — < n = - X — ID n ^^= __L= .cfC u ^ JJ ^^■— m 5 = - — ^ 6 = ^ 4 ^ ., '~«-i ^^^ — ^ 33 3 — H == — -n 4 = —1 6 BENTHA/Vl JEREMY BENTHAM TO HIS ELLOW-CITIZENS OF FRANCE, ON HOUSES OF PEERS AND SENATES THE LIBRARY OF THE UNIVERSITY OF CALIFORNIA LOS ANGELES JEREMY BENTHAM TO HIS FELLOW-CITIZENS OF FRANCE, o^ IIOLSES OF PEERS AND SENATES. - LONDON: PUBLISHED BY ROBERT REWARD, WELLINGTON STREET, STRAND. 1830. [Price 3s.6d.] JEREMY BEXTHAM to GENERAL LAFAYETTE. Mr EVER DEAR LaFAVETTK ! Yol R commands are laws : subject-matter, this question — " Iti France, shall we, or shall we not, have a Chamber of Peers ?" On this question you desire my thoughts: here they are at your service. For these thoughts, you are not responsible ; nor for any part of tlieni. What yours are — I have never known ; nor, antecedently to your receipt of this paper, would I know ■.hem, if I could help it. My wish has all along been — that mine on this sub- ect should be free from all bias ; and that they should stand or fall by their own strength. Proud and gratified of course shall I be, in proportion as my notions of what is best are found to coincide with yours. I With yours? — Yes : and, I will add, with those of our beloved King, As to any points, on whith, in either instance, I fail to experience this good fortune, set any of the honest and talented men whose qualifications have come within your observation — set them to apply correction to any such errors us it may have happened to me to fall into. In this wa}', at any rate, I may have the satisfaction of being of use to our dear country : and it matters not in what proportion it may be in the one way, and in what pro- portion in the other. Whosoever, if any one, writes accordingly, — desire him to write altogether at his ease, speaking of my thoughts — in the terms, whatsoever they are, in which his own as to mine happen to present them- selves. Qiteen^s Square Plane, Weximinster, London, Ibth October lb3U. JEREMY BENTHAM TO HIS FELLOW-CITIZEXS OF FRANCE. ON HOUSES OF PEERS AND SENATES. § I. Introduction. Fellow-Citizens, 1. " Your predecessors made me a French Citizen: hear me speak like one." So said I for the fii'st time A" 1792. Hear me now speak thus for this second time. 2. Two great questions are now on the carpet — I. A House of Peers is in existence ; — shall it be discarded ? I say — Yes. II. A Senate is proposed to be instituted ; — shall it be instituted ? I say —No. 3. If deception be not a man's object, he cannot make known too early the end he is endeavouring to lead his readers to. With me this is a general rule : on the present occasion, such (you see) is my practice. 4. On matters of government more particularly, no proposition do I, on any occasion, make, without reasons — at least, what to me appear such — for its support. On eveiy occasion, these reasons have the greatest-happiness- principle for their ground and source. For any accession that 1 ever look for to any such proposition, on those rea- sons is, on every occasion, my sole reliance. As to any influence with which any opinion, declared by me to be mine, might be supposed to act on other minds, — merely because it is declared by me to be mine, or merely because it is thought to be mine, — it is in my own account set down as exactly equal toO : lower than this it cannot be set by anybody. 5. I have by me a receipt for exhausting any subject a man takes in hand (a). A good receipt is one thnig : following it well is another. 1 have done my best towards both things. You will judge. 6. In the concisest manner possible — in the fewest words possible — I hereby submit to your view the reasons by which, in relation to these sub- jects, these my opinions have l)eeu determined. 7. No rhetoric here; no appeal to passion; no recourse to imagination; no exercise given to the art of deception in any of its branches. 8. " Strike, I)ut hear," s;iid the Athenian (Jencral to his Spartan Ally, on tlie occasion of a dittcrence of opinion. " Be angry and sin not," says a (u) In a work stiied Chicttowuthia. 3012185 \ 4 JKREMY i3KNTl!AM TO HIS Christian Apostle. Be as angry as you jilease ; aiul, in .so doing, sin as much as you please, any I to all sucii of yon, my deiir and adinireil Feilovv-Cilizcn.s, whom I iiavc not the good fortune to be about to see agreeing witli me. Give vent to 3 our anger : 1 defy you to produce any in me. Give vent to your anger; but give the public and me the benefit of your reasons. 9. On this sauic side, otiurs there will probabl\' be, who wiil present them- selves to you with arrows taken from that armour}' — with ornaments taken fiom that wardrobe. To these papers, should such be their pleasure, they may refer you, for better security and further reliance. § II. Topics on the carpet as to a Second Chamber. 1. A Chamber of Peers, a Senate, orneither the one nor the other, but a Chamber of Deputies Vv'ithout cither : so iar as my information and observa- tion are correct, this is the descrij:)tion commonly given — of three states of things, between which and which alone the option is on this occasion consi- dered as being to be made. 2. But, in my viev/ of the matter, this description wants more or less of being sufficiently particular. Subject-matters which, on this occasion, require to be taken into consideration, or will of themselves come into consideration, are these which follow : — I. Forcers requisite to be given to the body in question. II. Persons by vv-hom the members of the body in question shall, in the several cases, he located. III. Conditions of eligibility, requisite on the part of the persons located : conditions of eligibility, as you say in French ; quulijicatkms, as we say in English : the French, clearer and more expressive ; the English, more concise. 3. Neither the one nor the other, say I, as above : quite sufficient the Chamber of Deputies, located by the People ; that is to sa}', by a part more or less considerable of the whole number of the members of the gre:'.t community in question : but, as to what part, that belongs not to the present question. Quite sufficient the one ruling, or with a King co-riilini>; body : needless, useless, worse than useless — that is to say, purely maleficent, — such, if I mistake not, will be seen to be everybody that can be attached to a Chamber of Deputies, in such sort as to be capable of applying a veto, or so much as a cause of retardation — a f)ar, or a drag' — to any of its proceedings : — £uch, whatsoever be the powers attributed to it, whatsoever the persons by whom the situation composed of those powers is conferred. 4. — I. The j)oit'ers proposable it seems necessary that I should present to your view. — ii. The description of the locators proposable it seems likewise necessary that I should present to your view. — iii. As to qualifications, — on the present occasion to say anything on this topic would not be consistent with the opinion just expressed, with the accompanying reasons for its support. 5. Powers that present themselves to me as proposable, are the fol- lowing : — I. A share in the legislative authority in the supreme grade. For, this has place everywhere : in every instance in which legislative jiower in the supreme .gYjide is exercised by a representative body, — whether acting alone, or in 'conjunction v.ith a Monarch, — it constitutes the basis of every power given ^auv other body added to it. '•Jif, Apportion oi judicial authority. For in France, to the portion of supVcme' legislative authority in question this appendage stands attached at present. And, tin's is attached to the portion of legislative authority in Eng- land, in the case of the Second Chamber called the House of Lords: and, in FELLOW-CITIZENS OF FRANCE. 5 the Anglo-American Union, in the case of most of its com;)ound States sepa- rately taken, as well as in that of the aggregate bod}' composed of Deputies sent from all of them, stj'led the Congress: Senate is the denomination given to it in this latter case («). III. A portion of «('/w/«/.?^r«//i'^ authority in the supreme grade. For, this is attached to the portion of legislative authority in the Anglo-American States, in the case of that same Senate. 6. Sole locators that seem proposable, and between whom the option will have to be niade, these two : — I. The Monarch, of course : — he being the sort of functionary by whom this power is possessed and exercised, at present: — in France, in England, in a word, in every monarchy, in and under which there is a Second Vliu,nber, with its pojjulation, in addition to that which is composed of the Deputies of the People. II. A body, on the members of wliich this power is conferred. Example — original and most illustrious — in the case of the Senate in the abovemen- tioned Congress, the aggregate composed of the " legislatures" of the several States. 7. So much depending on the situation of the locating functionary or functionaries, this topic could not, on the present occasion, be passed by. § III. Objections to any, even the best appointed, Second Chamber, 1. Now for the reasons, by which my rejection of a Second Chamber has been determined. 1. The case, to which I apply them in the first instance, is — that which is most favourable to a Second Chamber : — that is to say, the supposition — that the choice made — as well in respect of the porvers confcrretl, as of the sort of person or persons by whom they are conferred — is that which stands least exposed to objection. II. And, for argument sake, let the power conferred be — a share in the legislative authority alone, unaccompanied with a share in either of the two other authorities. III. And, let the locators be — either those who are so in the case of the Senate of the Anglo-American Congress, as above, or those who are so in the case of the First Chamber of that same (!ongrcss — the Chamber, the members of which are stiled the Representatives of the peoj)le. 2. If I do not deceive myself, it will be seen — that, whatsoever be the strength of the objection in the case which I begin with, as being the most favourable case, it is not less in any other proi)Osable case ; and that, more- over, as between simplicity and comjilexity of powers, whatsoever be the strength of the objection, in the most simple case, it will be seen to become greater and greater, as the case becomes more and more com|)Iicntcd. 3. — I. Olijectiini the first. — On the advocates of this appendage lies what is called the o)ins prtihandi — the burthen of proof. On thein, if there be any net benefit produced by it, — on them lies the obligation of bringmg it to view. (a) In speaking of the Chninhnr of Peers, as likewise of its propo'^od si)l)stitii(e — a Senate, — I iisctlie appellalifni of the Secuvd Vliuwhir, l)ecaiise such appears to inc to be tlic practice. But, wli itsocver il may l)e in resppct of any oiher order, it lias not been so, in every instance, in rcFiJCct ol the lime of its iiisiiimion. Iri the ca-^e of tiie An<;lo-Aniericaii Congress, inenlion is made of llie House of Repre^enlatives before anv mention is made of ilie Senate. Thi> relative /j'me of the institution bein(r, with reference to ihc pre-eiit question, matter r thcr of ciiriosily than iiiiporlance, if in the course of this iiddiess, anylhinfj is said in siipporl of llic above observation, the phicc it occupici will be that of an Appendix. O JEREMY BENTHAM TO HTS Of no such benefit has exhibition been ever made : of benefit in some shape or other, a.ssinin'd has the existence been by everybody; prortd by nobody. 4. Antecedently to all development in detail, one jjlain reason against it presents itself to a first glance. Of a Chamber of Deputies, in the character of ajint Chamber — that is to say, first in the order of importance, — of a legisla- tive body — principally, where not exclusively, acting as such, — the utility — nay, the indispensable necessity — is recognised on all sides : the existence of this necessity therefore may be — it must be — taken for -n postulate. But, that from the force and efficiency of this body, the existence of any other body — before which nuist be carried, ere the force of law be given to it, every proposed law — should not make deduction more or less considerable, is not possible : the time during which the measure continues in the Srcond Cluunber before it is otherwise disposed of, is so much delay; and, even supposing aduptutn and consummation to be the ultimate result, in so much that an ultimate nei^-utii'e is not applied to it, — still delay, so long as it lasts, is a temporary ncgntii^e : and, if the measure has any net benefit for its result, the value of the loss by the delay is in the exact proportion of the length of it. As to any counter-presumptions, these will be considered presently. 5. — II. Ofijection the second. — Needlessncss. Yes: needless — utterly needless — may be seen to be this institution. No benefit in any determinate shape having ever been held up to view as resulting from it, — if then, to satisfy the reader of the needlessness of it, — and thence, as below, of the pernicious- ness of it, — anything further can be done, — it must be bj' looking out for such suppo.ia/jle heneht as the nature of the case may be capable of suggesting. 6. Supposable need the first. Need of the degree of consideration, which, without this additional botly, a measure cannot receive. Supposable reason in support of the institution: as the length o( the time during which the measure continues in the .Second Chamber, is the ijuantity of additional consideration which it is capable of receiving. Ansicer — No need of a Second Chamber follows. For, to the First belongs the power of giving to the measure whatsoever length of consideration is, in the ojiinion of that same First Chamber, best adapted to it : and the correspondent quantity of deliberation and time being bestowed upon it, any further quan- tity must, according to that same opinion, be useless, and thence, as will be seen, pernicious. 7. Supposable need the second. On the part of the members of the Legislature, need of a degree of appropriate aptitude not otherwise likely to have place. But, will it be said that to the Second Chamber belongs more appropriate aptitude — nameh', in all its branches taken together — than to the first? Consistently with the above 7>y5^«/a/^ this cannot be saiii : if to this same Second Chamber more such appropriate aptitude belongs than to the first, not Second ought it to be, but First, or rather — what upon the face of the argument appears already to be the only reasonable state of things — the onli/ C;hamber. 8. — III. Ohjection the third. — Unavoidable perniciousness : namely, in respect of delay : and, in the first place, what may be styled the involuntary delay. The First Chamber giving to the measure whatsoever delay is attended with net benefit or say profit, whatsoever delay is given to it by the Second Chamber is so much net detriment — so much net loss in the account of profit and loss. And, as has been seen above, a quantity more or less considerable of this detriment it is not in the power of the Second Cham- ber to forbear producing: to the minimum of this quantity, — addition it \s capable of making to an amount altogether unlimited ; from it, it is not capa- ble of making sulitraclion to any so much as the smallest amount. A quantity of time, more or less considerable, is thus consumed and wasted in the Second Chamber, on the occasion of each measure; — at any rate. FELLOW-CITIZENS OF FRANCE. / tlie time employed in one procccdimr, — and, if there be proceedings more than one, tlu'n, in addition to the sum of those same proceedings, the sum of the several intervals between one proceeding and another. 9. — IV. OfiJi'Ction the fourth. — Perniciousness in respect of roliiutdrt/ delay : — in respect of whatsoever delay is capable of being volunturihf, or say purposdi/ proihiced, in addition to that which, as above, has place invohinturi't), as in the case of the motions of the heart and arteries — motions produced without any exercise given to the facnlty of the wUL To the amount of this delay, thence to the amount of evil producible by it, limit assignable there is none. 10. — V. Ohjection the fifth. — Frustration, or say utter exclusion, put upon the benefit of the several in themselves practicable beneficial measures, sc[)a- rately considered. Instances, in which this evil will have place, are all those in which, but for the delay, involuntary and voluntary together, that has place, a measure to an amount more or less beneficial would have been adopted and carried into effect ; but which, being known to be incapable of producing such its effect, if not adopted till after the expiration of the time in question, — is, by that consideration, prevented from being brought forward. 11. Note here— that, the appellatives j^-oof^ and evil being, as above, mutually intertranslateable, not only may poaitive good be, by this means, prevented from coming into existence, but positive evil, to any amount, made to come into existence («). 12. — VI. Olijection the «?>///.— Perniciousness hy all-comprehensive delay — by delay and prevention of all beneficial measures in the lump, by means of the aggregate amount of the delays, involuntary and voluntary, thus produced by the existence of a Second Chamber, as above. 1.3. 'y:\\c present IS iL time wt \\\\\c\\ — the present is an occasion on which — this evil presents, with particular force, a claim to notice, 'i he work which at present, ray Fellow-Citizens, you have in hand, is a work of regeneration. What you have to make is, in a word, an ail-comprehensive Code. With such a work as yet to create, think how much greater the evil o^ delarj cannot but be, when compared with what it would be if that same Code were already in existence. Not that everything in the existing Code will require to be changed : only that, with a view to any eventual demand for change, everything recjuires to be looked at. \A. In the First Chamber — in the Chamber of Depnties, the jjrotraction, to which the immense future contingent mass will unavoidably be suiijected, will receive no small accession from the recent arrangement, by which the mouth of every member of this same Chamber has been opened, to the purpose of his giving origination to proposed laws. The miracle which the Lord \\ rouglit u|)on the stud of r>alaam (1 mean them no diarepect) your new King has wrought upon your Deputies. (a) For example, of llie several ca/amz7/e.« and casualtus to which human natnte stands exposed, see a list in CotisUtutivnal Code, Ch. XI. Ministtrs severally, § fi. Preventive Service Minister. Of any one of these sorts of calamities, take for an example lliis or that individual instance': if it has happened for want of a law, by which it would have Uei^n prevutU-d, and wiiich would have passed williiii tlie lime but for llie delay prodnced by liie Second Cliainber— but winch, by the delay that had |. lace in the Serond ('lunnber, was pre- vented from being passed wilhiti lliat lime : here is a calumitij of which the existence of the Second (Jliainber is lh(.' cause. So, on the other liand, in the case of the want of a timely lepeal of a law Ijy which the calamity in question was produced or aggravated *. • Tliis may he seen lo be among the evils resullnig from a too extended continuous territory ; and, in a still greater degree, Iroui distant dependenciei. 8 JEREMY BENTHAiW TO HIS 15. Tlie tr'ilunc — that ridiculc-provokiii!; machine, by which a palsy has been struck upon the tongues of the most eloquent peojjle upon earth — will ere long be consigned to the lumber-room : and, from the removal of this cause of impediment to apeech, the indefinite mass of inevitable delay in action will receive ulterior increase. 16. As time progresses, so will the quantity of appropriate /«.9/r?/(;7?'o« — the quantity of thought, right and wrong together, bestowed upon the field of law, and of expression, in that jJace as in other places, given to that thought — the number of speaking members, and the fluency of each, — in a word, the quan- tity of time occupied by each. 17. Turn to the Anglo-American States. Ask, of such of their politically- instructed and intelligent citizens as shall come within your reach — ask, if from this cause the length of discussion is not receiving continual inci'ease y 18. No secret to the enemies of your felicity — no secret will be the effect of the all-comprehensive delay necessitated by a Second Chamber. On this account, as well as on so many others which remain to be here presented to your view, the incumbrance will have them for partizans and advocates — ad- vocates strenuous in proportion to the retardative weight of it. 19. Under our " Matchless Comdtution^^ (so the phantom has christened itself), this power of defeating all salutary measures in the lump, — and tltishy means raised above the sphere of observation, — is an engine of matchless effi- ciency — an engine, of the capability of which no part is ever lost — an engine, which at all times is made the most of. 20. Accorditigly, as, to the ruling few, abuse in every shape is profit — having been created and preserved by them for that purpose, — that which, in regard to removal of every part of that same abuse — in other words, in regard to reform in every shape, — they insist upon, is — that it shall be gradwil. A man of this stamp is as fond of reform as you or anybody, only it must be gradual. A proviso so reasonable — how can you refuse to join with him in It ? Ought it not — this and every reform — ought it not to be temperate ? Well then — to be temperate it must be gradual — to be well done it must be gradualhj done. Fellow-Citizens ! as often as you meet with a man, holding to you this language, say to him — " Sir, we have our dictionary -. what you are saying we perfectly understand : done gradualhj means left undone : — left undone, for ever, if possible; if not, every part of it for as long a time as possible." 21. Such is the desire, such the endeavour, such the language, such the policy, such the morality, — of the aristocratical party, self-stiled and distin- guished among us by the appellation of the fFhigs. The Tories cling to abuse, and abhor reform, and declare as much : the Whigs cling to abuse, and abhor reform, and profess to love it. You have now seen the cloven foot, by which an anti-reformist, in the mask of a reformist, is self-betrayed. 22. The Tories, whom they behold entrenched in Harpy Castle (Black- stone's venerable old castle), they besiege, for the hope of substituting in it themselves to their at present more fortunate rivals. While carrying on such their operations, — perplexing is their position, ridiculous enough their distress. No otherwise can they ever act, but with ammunition borrowed — say rather stolen — from the B,adicals — the friends of the people : nor without doing more or less damage to the object of their concupiscence — this same stronghold and treasury, which the friends of the people are all the while attacking for the purpose of blowing it up. 23. Fellow-Citizens, we have our Whigs — you, of course, yours. 24. As to the amount of the evil in this case, to form any tolerable conception of it may, to a first glance, appear absolutely impracticable. Further conside- ration may present a prospect somewhat less disheartening. Let any person make out for himself, in his own mind, a list of all the evils which, in his FELLOW-CITIZENS OF FUANCE. 9 view, tlie community is suffering. For want of such remedies as it may be iu the power of legislation to supply, — these evils he may, on no unreasonable grouml, consider as the fruits of any system — of any set of arrangoiuents — by which u'elay, to any amount, is established, independently of any demand ]5ro- duced for it by the indivithial case in question : and, for these evils he may consider the public as beholden to whatsoever persons have contributed either to the mstitution of the system in question, or to the support of it; especially after tlje evils resulting from it have, as here, been spread open before the public eye. 23. That, but for this system of delay, they would, a// of them, within his life- time, be removed, — this is more than he can natural!}- regard himself as assured of: but — that by this system, if proceeded in, the removal of them will, as to the greater part of them, be rendered impossible, so long as it is persevered in, — this is what he may stand perfectly assured of. 2G. B\- what causes have such establishment and support been produced in the minds of these same persons ? by obtnscness P or by iW-dviecteiJi acuteness? Answer — naturally enough, by a mixture of both. 27. Of obtuseness, an exemplification seems to be afforded by the so-long- established Swedish Legislation. Bodies, acting — in appearance, in con- junction with, — in effect, in subjection to, the Monarch, four: Nobles, Clergy, Burghers, Peasants. These classes being regarded — each by itself, and each by the rest and bj- the King — as having an interest to itself, different from that of every other, — separation folio vvcd of course : — ^by each of these, the exemp- tion from the observation of all persons, liable to possess, on any occasion, an opposite and rival interest, would naturally enough be regarded as an advan- tageous as well as agreeable circumstance : and the Monarch would see his advantage in playing them off" one against the other. 28. i\Iark now the benefit which the authors reap — (and is it possible they should not look to reap?) — from this policy. No less than, so far as regards themselves, and the jmblic evils from which they reap the private benefit, — the perpetuation of that same benefit and of those same evils, for the sake of it. 29. Inconvenience there would be, and to an indefinite amount, in so unplea- sant an operation, as that of standing up and arguing, in defence of all these several arrangements — each of them, with its evils seen in its transparent womb, — so numerous, all the time, the cases, in which, — the light of day having been cast upon them, — silence, nonsense, or glaring absurdity, would be the only option at the choice of a would-be supporter of them. 30. Thus it is, that that which eloquence would in vain strive to do in retail, delay, in the hands of cunning, does, and with complete effect, by wliolesale, for and during a tin)e, which (as English lawyers say of mcinori/) for tiught *' runneth not to the contrary," is abuse in all its forms, and thence in all its unduly profitable forms, continued and profited by : — remedy, in all its forms, excluded. 31. Thus, nnv.ev Matchless Coiistitiition, in the minds of rulers whatsoever acutencss has place, it is to work of this sort that it applies itself. Yes: Not merely to indolence and incapacity, but to craft likewise, may be seen to be v.ith truth iu)putable the so-conspicuous nothingness of Parliament. 8o to order matters, that, for the bringing forward propositions in relation to any subject, by Memiiers of either House, acting otherwise than by and under the direction of those of the King's Cabinet, the quantity of tiuie shall be mini- nii/.ed, — such is the problem, on the solution of which, wiiat little inttllectuni and active aptitude can have residence in such a place, is at all times occu- pied. As for abuses, in all their shajjes, — for giving inrrrnsr to tiiem, time is always at the connnand of Ministers : for diminution of them — for remedy 10 JEREMY BENTHAM TO HIS to them — time for so much as the attempt is never at the command of any one else (o). 32. One way of making amends for this disaster might be to set up and open an Hisforicitl School, h la mode de V Allemagne: and instead of sending the School- master abroad, send for a schoolmaster y/ww abroad. INIonsieur I'Herminier in France, — or Der Heer Savignj', in Germany, — could furnish admirable mas- ters. It is not every man that knows, that by this same school a history of law is spoken of, — and with no small assurance, — as a most advantag(;ous substitute to law itself: for any country whatsoever, the history of the law of that same country, with or without the history of the law of this or that other country or countries, new or old ; and that by these philosophers, it is men- tioned with perfect sincerity, and no small earnestness, that by an historical work of this sort, direction sufficient may be given to the political conduct of men in that same country. 33. Upon the same principle, to what incalculable amount might not im- provement be made in other departments ? To the army and the navy of a country, substitute, for example, a history of the wars waged by that same country, from the earliest, or other more appropriate, period in the gene- ral history of that same or some other country, down to the present time, or some earlier time? 34. So in private and domestic life. To an order on the cook for dinner, substitute a fair copy of the housekeeper's book as kept for and during the appropriate series of years, whatsoever it may be. 35. — VII. Objection the seventh. — Perniciousness, resulting from prevalence given to minorities over majorities. In comparison of this, the evils above (a) Of this same policy, another branch consists in brintrins' forward plans of sham reform and Commissions of Enqniry ; the plans brought into Parliament by AJembers ; the Enquiries carried on, bv individuals employed to collect facts. This last course has the additional advantage of putting into the pocket of a Minister, by means of the pay given to his Enquirers, inoney, or money's worth in the shape o^ patronage. Of sham law-reform, a masterpiece has lately been held np to the light, in No. XXVf, for October 1830, of the Westminster Review : — Tecluction in delay, vex- ation, and expense, in litiscontestation, the professed object ; boundless increase the demonstrated sure effect. How to continue for and during the life of the longest liver of liie individual rulers now in existence, how to continue justice in a state of inaccessibility to all but the rich and powerful few, — such wa§, in this case, the pro- blem to be solved. Of this same policv another branch is presented to view by the word consolidation. How to continue the political rule of action, in a state— partly of uncognoscibdity, and partly of non-existence, — such was, in t/iis case, the problem to be solved . and, in the word consolidation may be seen the solution given to it. Ominous to your ears, my Fellow Countrymen, will be the sound of the word consoliddtion. Witness the tinrs conso/ide : with you it is the name of national bankruptcy : with us it is the name of a product of ministerial cunning*. * Have you a receptacle, the odour of which is troublesome ? Employ a set of men — Nighlmen is vvith us the official name of them,— employ them — not to empty it, but to look into it, and ie[>ort, more particularly, how it smells. So doing, you will fol- low the precedent set by our Law- Reformers ; by our ex-Chancellor Lord Eldon, and our present self-constituted Justice Minister, the half-namesake of our once so famous Sir Robert Walpole, and his rival in the art and science of political corruption. Ill tins wicked world, alas ! nothino- is certain but death ! Liable to be frustrated are the best-concerted plans ! In one of his Commissions of Enquiry, the hero of the Hon. Sccreiai y's Office, seems destined to sustain a most uiiexpecialde defeat. To say wliich, is needless . it will show itself ; already it has in part shown itself. FKl-LOW-C rriZKNS OF FU.\N( F. 11 nentionecl, ininipiisi> us is tlie mass of tlitiii, are still t)Ut evils of ilctail Behold in this a still more strictly all-comprehensive evil : not actual sulieriut^ indeed, but an uncpicstionable cause of it in every one of its shapes. Read and consider whether this is not true. 36. For the performance of the operations in question, a set of men have been selected. And uV/o are they r — that is to say, for the purpose in ques- tion tr/tat are they ? By the very supposition they are the most apt of all that could have been selected : all of them, for any ilifference that can be assumed and applied to the case in ijuestion, ecjually a[)t. W ell then : — In relation'to whatsoever may happen to be the question — in this, as in any other set of men, disagreement is liable to have place. Wanted then a /f.st of recti- tude; and, at the same time, a meaxure of the degree of probability as to its having place. One test and at the same time measure does the nature of things admit of: — this, and no other: — nau)ely, tiie ratio of the number on one .side to the nuniber on the other side: that division, the comjjoneut indivi- duals of which are in the greatest number, being composed of those who are on the right side; the other division, of those who are on the wrong side. 37. Here then we have an undisputed and indisputable test and measure of rectitude. Ap[)ly it now to the purpose of ascertaining the conseijuences of having a Second Chamber. What are they ? Ansn-er — On «vvv/ question, ■which comes in the first place before the First Chamber, and then before the Second Chamber, — to the right decision of the First Chamber may be substi- tuted a wrong one. 1 do not say, that, to that same all-comprehensive extent, this is proljuhle ; but what I do say is — that this is pomhle. 38. Mmsure (I say) as well as test. And now as to the production of evil by the addition of this lumber, see an exemplification of the degree of prolia- bilitv capable of being shewn by the application of this measure. In the First Chamber, number of members, suppose 300 : in the Second Chamber, b, Ju the First Chamber, /w* the measure in question, all oOO; against It, 0: in the Second Chamber, — for it, 2 ; against it, 3. Put now the numbers in both Chambers together, you have— ^or it, 302 ; against it, 3. What is the conse- quence y The three prevail over the 302 : the beneficial measure, whatsoever its importance, whatsoever the evil flowing from the rejection of it — is rejected. 39. Note — that, under mutclilens constitution, this same number 3 is actually sufficient to give existence to the noxious effect, even though in the First ('hamber the whole number — C38 — were unanimous in favour of it. In the Second Chamber — namely, tlie House of Lords, — the number necessary, but sufficient, to give exercise to the [jower of the whole is -I ; majority, 3. 40. — VIII. Olijcctlm the eighth. — Perniciousness through rival contention. Continue or institute a Second Chamber, —mutual relations in respect of extent l : com- petence o{ jurisdiction they call it, v/here the two authorities in (luesiion belong to thcjudcidry establishment, lint, in the present state of jurisprudence, the chances against a clear adjustment — such as shall shut the door against doubts and disputes — are by no means inconsiderable. Whence, fiir so long as these same authorities are clashing, and waging against one another a war of worils, all useful business being at a stand, — the war has them for the combatants, but you — the memliers of the whole community — for the sufferers. 41. — IX. (J/jection the ninth. — Perniciousness through complication. In legislation, whatever is needless is pernicious. Altogi'tlur upon its b;'ing hnou-n depends all the usefulness of the law — of the whole and of each |)art of it : the production of every good etiect it is ca[)able of producing ; the exclusion of every evil it is capable of excluding. Abundant — unavoidably abundant — much more than could be wished — is the (juantily ol" legislative matter that will lie found unavoidably and indispensably retjuisite for the pur- pose : not inconsiderable (as above) the (juantity of doubts and dispnlt s, to 12 JEREMY llENTIIAM TO HIS which it will be liable, and likely, to give birth. By every syllable added, increase will be '^iven to the abundance of this same matter, increase to the difficulty of keeping it in mind, ami, on each occasion, in the instance of every person concerned, to the probability of its not being in his mind; also, in regard to whatever portion of it happens to be in his mind, to the probability that the import of it will be a subject-matter of douiits and dis[)utes : thence, at the charge of the aggregate number of the members of the community, to the probability of the connnission of acts of maleficence prohibited by the law under the name of offences — of correspondent tvrongs inflicted and sustained — of instances, in which the benefit intended by tiie institution of the correspondent riglits fails of being enjo} ed. Not the less real are these evils, from being to so lamentable an extent unheeded. 42. — X, Ohjection the tenth. — Inoperativeness as to good. Here again applies the onus proband i. If any one knows of any posUire good in particular, that can be done bi/ and icith a Second Chamber, ami cannot be done ivithout it, or that is more lihetji to be done by and tcith a Second Chamber than vntltoiit a Second Chamber — let him declare it. 43. In relation to positive evil, — the effects and tendency of any such addi- tional machinery, when applied to the manufacturing of laws, have, by the fore- going observations, been brought to view : its Heedlessness to all beneficial purposes, its j)erniciousness, its fruitfulness in positive evil — in so many distinguishable ways :— so, in like manner, in relation to \)osit\\e good, its utter nioperativeness will, by the application of these same observations, be rendered not less manifest. 44. In and by this phrase — security against precipitation, — a sort of apparent positive good — a nominal one it may be called — is hehl up to view as produced by the institution of a Second Chamber: Nominal? Yes: that is to say, in contradistinction to real («). Inconsistent is the notion of any such security with the original supposi- tion and assumption of the superior aptitude, in all its branches taken together, in the instance of the population of the First C!hamber, as compared with that of the Second : in the First Chamber, defalcation from the quantity of time requisite for consideration and discussion, men cannot, on any intlividual occa- sion, make in any other than the voluntary manner as above explained: whereas, without any exercise of the will, and to an amount more or less con- siderable even against the will, or, as the phrase is, in contrariety to the ivish of a Second Chamber, is addition made, in each instance, to the quantity of delay, which, were there but one Chamber, would be necessary. 45. In a Chamber acting singly, — no such precij)itation, any more than any other occuri-ence or state of things, bad or good, can have place — against the will of the greater number of its members. Small is always the number, which, on any occasion, suffices for making delaj' to which no determinate limit is capable of being assigned: and this — not only on sufficient, but even on insufficient ground ; and when the delay produced is useless, as well as when it is beneficial and needful. 46. True it is, that by means oi non-utte7uhince on the part of a certain number of the members, decision may be made to have place in contrariety to (a) Negative, the e;ood, if any there were, might be termed, with rather more pro- priety ihrtii positive; Inr, bv precipilalinn''\% meant the non-existence of the qMaiitily of time necessary' to be employed in eonsideration and discussion, on j.aiii of misdecision r and, in consequence of sncii n on -del ay, — prodticlion and admission ^iveii, lo such positive evils, as would have slood excluded by an allowance of time sufficient for those pur- poses. This, howevfT, is but a question of words : nor would inetition lave been made of it, but for tlie hope of substituting lipht to any obscurity wliich rai^ht have place ill the concepiion eiiierlained in relation lo it. FKf.I.OW-ClTlZENS OF FRANCE, 13 the win and wish of the greater part of the whole number of the members. But, in this case, the fault lies in the non-existence — not of a Second Chamltcr, but of the arrangements necessary to stcure constancy of attendance (a). § IV, Dutch Reasons in Support of a Second Chamber examined. 1. I had gone thus far, when a most instructive and satisfactory document came within my observation. It is a Report {fj), presented to tlie King of the Netherlands", by a ronunissiou, charged with tlie revi.->ion of the instrument now in force in that kingdom, under the denomination of " T/ie Fundamental Law." 2. In this document, with the satisfaction thus expressed, I see taken in hand the question between One and Two Chnmhers. " Represcntat'ieeH af the Nation " is the appellation, by which it characterizes the aggregate body of those functionaries, of whom, with the addition of the King, the sovrcign autlioritji is com[)Oscd. 3. For support to the system of Two Chambers, — reasonn tlie Report fur- nishes, in number, at any rate, altogether respectable. Let us take a look at them. The fir.-5t then to be looked for is — the end in view. For, this will serve as a key to all the reasons — in a word, to everything that comes after it What then is this same end in view ? Ans^eer — It is " I'esprit de la nio- narchie; I'esprit de la monarchie le prescrit, I'mteret de la nation I'exige "(c). — The power of locating the members of the Second Chamber is the subject- matter of w hich this is said : and, if conformity to this same esprit is the proper end in view in that one case, it must be because so it is in every case. 4. Now then what is this same esprit? Let us take a snift'at it. A sort of bnf/IAe it may be seen to be: — and inodorous — empty of scent and sense it would also be, were it not for the interetdehi //«//o«, which comes inunediatelv afcerit, and that which, by this means, is rendered manifest is — that the state of things, the establishment of which was, on this occasion, the object of endeavour was — not, in the first place, and beyond all things, the i)itereyt of the nation — or, in other words, the greatest happiness of the whole number of the mem- bers of the communiti/ — but a something or other, a sort of matter the value of which consisted in something which it had to do with the Monarch. 5. Vesicular as maybe seen to be the character of this same end in vieir, the mraiis, as indicated by the reasons by which it has hecn preceded, \\\\\ not (it is believed) be found to mismatch it. Reasons I stile them without hesitation — the purpose for which they are exhibited being, manifestly, that, for which, oa the occasion of a proposed" law, reasons are made to accompany it : namely, the obtaining for it a sentiuient of approbation at the hands of readers. But, as they successively enter upon the stage, not reasons. — not, as grannnarians say, sentences, — as logicians say, proj)o.sitions, — but allusions to reasons, the several locutions will be seen to be: — allusions, nothing more. 6. As to the ord'i' in which I proceed to lay them before you, my Fellow- Citizens, it is that which the learned draughtsman has given to them : it is not for me, it is not for a commentator, under any such notion as that of improvement, to sul)stitute a different one. Thus then they may follow : — 7. — I. liuUAe or vesicle the first. " Le grand aecroissement f/tie I'e'ttt a reru :" the great increase which the state has received. Licrease indeed ! («) In my proposed Constitutional C'nde, provision is niadeaL'ainst all ovil ftom this soti'ce. SeeCh. VI, LrGrsLATinr:, ^ \b, AttenduJice, \'2,(), Attendance uiid Uemune- ralion, § 22, Selfsupjiletive I'unclion. (h) Tlii« Rpport romiiiences in pa{^c Vol of the " Collcclion dcs Constitutions" Ac. tom.iii. Paii(l, hne ID. ]4 JEREMY BENTHAM TO HIS and you, my Fellow-Citizens, you are now seeing — and the state thus increased (not forgetting tlie King of it) is now feeling — some of the comequenccs of this increase. But now mind the spirit of oppression which lurks under the word increase : the least populous coniuuuiity, Holland, the jirijtcijial one : the most populous one, Belgium, no better than an accessary one — forced into subjection under it. 8. — II. Bubble or vesicle the second. " Le rang qii'il prend pnrmi les nations de V Europe -r the rank which it takes among tlie nations of Europe. In comparison of the rank of the nation, what signifies the happiness of the indi- viduals of which it is composed ? Just nothing : for, amongst all their reasons — thirteen, or thereabouts, fin number — nowhere is any mention vouchsafed to be made of it. Rank of the Nation P say rather, rank of the King-; ^//a/ being the rank, preserved to tlie functionary, the rank of whose father stood expressed by the inferior denomination of Stadtholder : of his father, whose successor he was in the Dutch provinces ; the rank of King being preserved, or restored, which jou please, to the son, upon the expulsion of Louis Bonajjarte, and fructified by the increase of power given to it by the addition of the Delgic provinces. 9. — III. Bubble or vesicle the third. "La diversity des ele'mens dont il est forme :'" the diversity of the elements of which this same state had been formed. Oh yes ! diversiti/ but too great ; reason sufficient to have prevented the fonnatiou. Fellow-Citizens ! the consequences are before your eyes. 10. — IV. Bubble or vesicle the fourth. " Des intc'rets plus compliqiih :'''' inte- rests more complicated. Oh yes I forming against the junction, a reason, the strength of which is as the degree of the com|)lication. To the junction of the two States it is that this reason bears relation. As to the question be- tween the Chambers — between CJhambers one and two — what has this same complication to do with it ? Find out who can. 11. — V. Bubble or vesicle the fifth : alhisio)i made to experience. " Nous ont impose le devoir de ne pas dedaigner les lemons de V eocperience ;" they (to wit, the abovementioned four bubbles) have imposed upon us the duty of not disdaining the lessons of experience. The reason here alluded to is that which, further on, I shall have occasion to spread out before you in some length and breadth, under the appellation oi authoritii-begotten prejudice. 12. — VI. Bubble or vesicle the sidfh : prevention of precipitiition. "Pour empecher la precipitation des deliberations :" to prevent the precipitation of the deliberations i\\emi^e\\e^: — this is what in said. To prevent the precipitation of the result of the deliberations ; this is what cannot but have been meant. By addition of the deliberations of one assembly to those of another, how can pre- vention, or so nnich as diminution, be applied to the deliberations of the first ? Of any such addition, decrease in the quantity of time employed in delibera- tion — decrease (as before observed) rather than increase — presents itself as the natural consequence. Why ? because in the eyes of opponents in a first Chamber, the greater the opposition expected in another, the less urgent will be the need of opposition in that same first Chamber. 1.3. And as to the deliberation thus added, — which is the Chamber, in which, if at all, it has place ? — Answer. That, in which it is least assured of having place : the other being the principal seat of the legislative business, — the only one in which the more important part of the business can originate: the only one, inwhich any regular attention to the business stands assured: not to speak of its being the only one, in which an unbroken unity of interest and affection with the community at large has place: the only one, in vhich any efficient sense of responsibility to public opinion, — to the opinion of the community at large, — has place. 1+. — VII. Bubble or vesicle the seventh: a dike against the passions. "Pour iipposer, dans les temps diddles, une digue auj- passions :" to oi)pose, in diffi- FELLOW-CmZKNS OK KKANCE. 15 ciilt times, a dike to the passions. Here again behold the Dutchiuan. A Dutch image, not a Flemi.-h one, is this of the dike. A dike indeed ? Say — as veil or rather — an additional inijiulse, — an impelling i>v//('. If the passions meant are the angrif passions (and such they can never fail to be) what will na- turally be the eflLct of any such dike ? When the Deputies of the Peo|)le, by labour to an unlimited amount, have prepared what they think will be fur the benefit of their constituents, — what is easy enough to conceive and und. r- stand is — how the thought that there is another body of men, w hich has an interest different from theirs, and mostly opposite, by which this child of their labours and affections is continually in danger of ])eing thrown out of doors — how this thought (I say) shoulil stir up a gale of the same angry passions : — how it should produce a calm, or moderate any such gale, seems not quite so easy to conceive. 15. As to the rffect of those same angry passions, when it consists in the pro- position of a law not agreeable to the ISecond Chamber — here indeed the dike conies into existence and into use : it does keep the proposed law — if not from coming in, at any rate from staying in and becoming an actual law. Some- what of a niisconce|ition seems here to have crept in : a storm, or the cause of one, taken for a ilike. 10. — vjii. DuljOle or vesicle the eighth : Carrier to the throne. "Pour entourer le trone d'une barrihe contre laquelle se hriscraient les factions ;" to surround the throne with a barrier against which factions will break themselves to J ieces : — in plain language — to dejirive of their wishetl-for effect the opinions and wills of those, whose opinions and w ishes are, as near as they can have been made, to the being the opinions and wills of the whole popidation of the nation, or at any rate of the most enlightened part of it. liy factio/ts is meant, as far as anything to the purpose is meant, parties entertainmg designs and using en- deavours of a nature detrimental to the interest, or say the happiness, of the whole community, or the major part of it. This being the meaning, that which is presumed by the reporter is — that evil to the conununity is more likely to be preventeil, by men, who, not being chosen by the people, have an interest opposite to that of the conmiunity at large, than by men, who, being chosen by the people, have not any interest opposite to that of the coamumity at large. If such be really the truth, something a little like proof of it might not have been amiss. But presumption is shorter thai] proof, and saves trouble. 17. — IX. Duhble or vesicle the ninth : security against usurpation. " Pour (Jonner u la nation une parfuite garantie contre tonte usurpation des agents de I'autoritd :'" to give the nation a perfect security against all usurpation by the agents of authority. — Usurpation? of what ? this is not said. At the cost of whom ? this is not said. By whom ? this is not said. What is not said but necessarily implied is — that there is something good, which some authority or other is inclined to usurp, and which a Second Chamber, constituted as proposed, is not at all inclined to usur|) ; or at any rate is not so nuicli in- clined and moreover able to usurp, as is a First Chamber composed of the Deputies of the people aptly chosen, as above. Thus vesicular is the security against usurjiation. 18. — X. liulihle or vesicle the tenth: ejcample (f powerful Monarchies. "A I'ewemple des puissuntes monarchies:" after the exam|)le of i)Owerl'ul monar- chies. 10. — XI. Bulihle or vesicle the eleventh: e.tamjile of Jlourishing Re- publics. '' A I'eaemjde des Jlepublitp/( s Jlorissantes :" after the example of flourishing Republics. Monarchies mentioned first — mentioned before Repub- lics, of course. Thus commanded Madame lUiiiuitte. And see now what, under the management ol' our learned draugiitsnian, comes of oi)ediinie to her commands. To jtou-crfulnrss the precedence is given belore Jlourish- 16 JERE1VIY BKN'IHAM TO HIS in-rness : flourishingness meaning, if it means anything to the purpose, /utp- pi/iess. As to powerfulness — purposes to which, in the case — whether of an iiidividiuil or a community — it is applicable, two: preservation of hiaiself or itself against wrongs, one : inflicting wrongs, another and somewhat dif- erent one. Now then, mark the practical consequence of the prevalence thus given to poicerfiilness : applied to the first it is useful and desn-able: a[)plied to the olher purpose it is mischievous and undesirable. Employed thus without modification or explanation, the word is but too apt to be em- ployed in the endeavour to [promote that one of the two purposes which is purely mischievous. 20. — XII. BuJihle vr vesicle tie tirelfth : non-adoption of certain foreign Insti- ttrlion^. " Pour operer cette dirision (en deux Cliambres) nous n' avons pas adopt es des institutions etrangeres, (pd jioiirraisnt nepas bien s'amalgamer avec nos institutions nationales :" to eff'tct this division into two Chambers we have not adopted foreign institutions, which would be li;;l)le not to amalgamate well •with our national institutions. True: not adopted by the royal receiver of tiie Belgians under ins yoke, were the institutions of any nation, foreign to i)oth the nations so joined together. But — what has been so much worse — ^joined and forced together were these two nations, the institutions of which amalga- mated so far from well, the one with the other. 21. — XIII. Bubble or vesicle the thirteenth and last : something done tcith the principles of the division. " lYous avons puise les principes de la division, dans tesprit ijui Ta fait adopter :" we have drawn the principles of the liivi- sion from the esprit which has caused them to be adopted. As for esprit, give the meaning of the word who can. Were I obliged to make the attempt, the word I should render it by would be — gas. This thirteenth makes (jou may perhaps think) no bad finish to the twelve bubbles or vesicles its prede- cessors. 22. Fellow -Citizens ! here you have — not only two packets of mutually opposite reasons, but two somewhat different manners or modes of reasoning. You will judge. 23. Teiiiptiiig is the invitation : but the above is everything that belongs strictly to the present question. For any ulterior examination, no duty calls ; but to have stopped short at any part of this reasoning would have been a denial of justice. § V. Sole proposahle locator for n Second Chamber, a King. Further Objections hence. 1. Now as to location. In the present case, sole wxihox'xt^- proposed for the placing of men in this same Second Chamber is — the King. Hole proposed : I add — or proposable : and this — whatsoever be the duration of the authority ofa member of this same Chamber: whether hereditar\% as at present ; or for life only, as in the case of one of the Xetherlands Chambers ; or for a limited term of }ears, as in the case of the Senate of the Anglo-American United States Congress. 2. True it is — that, in the case of that same Republican Second Chamber, — the authority, by which the function of locating its members is performed, is — not that of a single person, but that of a numerous body. But, in that case, for the exercise of this function otherwise than by a King, there exists a set of hands which in the present case has no place — and by those hands exer- cise is given to it accordingly. Those hands are those of a body composed of the " legislatures" of the several States (e). (o) Comes upon tlie carprt, on lliis ocrnsion, the topic of local legislatures. Great (it lias been said) is the need of them in France : but the demand might be supplied FELLOW-CITIZENS OF FRANCE. 17 3. In a King, forget not, then, that you have a functionary, whose inte- rests are, to an immense extent, indirect opijosition to that of the great body of the people — a functionary, who to that interest by which every man is, on each occasion, urgeti to sacrifice to his own happiness that of all besides, adds the power of etfecting, to an immense extent, that sinister sacnncc. \\ ho can deny the existence of this opposition of interest ? Let us see. For, behold the means he has : — but, of this presently. Such being the nature of man, how can I help its having place ? And, should I leave it unmentioued, when your happiness is in so great a part at stake upon the clear conception and full consideration of it? 4. In a Chamber of Peers, if continued, you will have a body of men, whom it will be in the power of the King to render contributory to that same sinister sacrifice. IVill and power united, does not the effect follow V without fielriinent to the authority of the existing legislature — namely, by the consti- tiUion of sub-legislatures, havinij authority in respect of certain local snbjoct-nialters alone: — and that subject in everything to the existing all-embracing le^'isiatuie. Ana- lagous in some sort to these siib-lc<.'islatures vieroJ>lecke\'sA(lministriilio>isProiinci(tles. For the formation of the territor'es of these several sub-leiy. 4. This additional and indis[)en^ablo circumstance being liroujiht to view, Ix'hold now the additional objections which it o|)po>cs to the cf)iitiuuance of a Second Cliaui- ber. Alas ! what a task is this which 1 have set myself! the sui)jeci — this ()art of it — so unpleasant a one ! to myself, such it really is— whatsoever it may be to any one else. If my object were to please — to please i'or the moment — if it were thai, and nothing more valuable, noliiing woidd I have to do with a subject so inviduous, so tcabroiis, as you would call it. Bui my object is to be ust/'ul — to placi; before your eves Ihe plain truth, on a subject universally acknowledged to be the most momentous. Thin being my object, no choice liave I but to proceed. 18 JERFMY BENTHAM TO FKS 5. By the same mentis, by wliicli iic would have it in liis power to render the CIkuuIxt of Peers contril)iit(>ry to this same sinister .saeri(icc, — by tliis saii;e means, /iiit tor one obstacle, would he have it also in his power to render 3 our Deputies eorrespondently, and witii like effect, contributing to it. This ob- stacle is — the dislocath'e j.ower, retained in the hands of the constituents of those same Deputies. This power, it is not proposed, nor will it be proposed, they shoidd possess, with reference to the nieml)ers of the House of Peers, or of any other sort of Second Clmmber, composed of members placed in it by the King. 6. Such being the King's interest, of this same interest will he, of course, on every occasion, obey the dictates : continuing the sinister course to the utmost length, that his imagination and his judgment join in presenting to his view as consistent with iiis present safety and convenience. 7. Well : now for a few particulars of these same courses. Like any other man in his place, this same all-powerful functionary, will, at all times, ha^ e among his endeavours — to ohtain, and so far as is consistent with enjoijuient to retain, the possession of all imaginable instruments of enjoyment in all their shapes: — money, to wit, and money's worth, power in all its shapes — timt power free from responsibility : — add reputation, respect, and love : — of the two latter as much as possible, and how little so ever merited: — add, more- over, factitious honour and dignity ; vengeance as far as provoked by resist- ance ; ease as far as consistent with enjoyment; security for all these posses- sions — most entire : security at whatever expense to the people produced, or endeavoured to be produced. 8. For all these same instruments of enjoyment the cupidity of man in all situations is such as all men feel and see. But, in the situation of King it is in a particular degree msatiable. Consciousness of the power is continually stimulating and sharpening the desire. 9. He who wills the end, wills thereby all necessary means. In the pre- sent case the means are those, for the designation of which the words corrup- tion and dfhiaion may be emplo\ed. On this occa. ion, corruption — jtoliticitl eorniption — requires complete dissection, which it has never }et had. My chiklren, wait a moment : the theatre will open presenrly. 10. " What a picture " — (1 hear some of you saying) — "What a picture, old and gloomy-minded man I are you giving us of human nature ! as if there were no such quality as disinterestedness — no such quality as philanthropy — no such quality as disposition to self-sacrifice — in the whole species : no such individual as a Kin:^- taking a pleasure in his duty — doing, on all occasions, his utmost to promote the happiness of his people! " Notions such as these ! and with proots to the contrary — proofs so bril- liant and so indubitable — all the while before your eyes !" 11. Now for my answer : — Mv, children, 1 admit all this. I do not deny it : 1 cannot ileuy it : I vvish not to deny it : sorry should I be if it were in my power to deny it. Not the less do I maintain the fact — that, of the human species, as of every other, the very existence depends upon the established, and almost uninterrupted, habit of self-preference. \2. But 1 will not — for 1 need not — trouble you with the development of this truth. I will not— for I need not — attempt to draw you into any such dark recess as the den of what is called among you metaphysics, in which the springs of human action are lookeil into and hammered at. I need not. And why ? — Even because my belief in this truth prevents me not from believing in any of those things which you suppose ine to deny. 13. Yes. 1 admit the existence o^ disinterestedtiess m the aense in which you mean it. I admit the existence o{ philnnthropti — of philanthropy even to an all-comprehensive extent, ilow could I do otherwise than admit it? My children ! I have not far to look for it. Without it, how could so uiany FELLOW-CITIZENS OF FRANCE. 19 papers, that have preceded this letter, liave come into existence? I admit the existence of a disj)osition to self-sacrifice: How could 1 do otherwise? Could 1 deny the existence of the work of the three dnijs? l-t. Yes, I admit — not only the jjossible existence — I admit the actual exis- tence of a King who takes a ])leasure in doing his duty, — of a King who, on all occasions, does his utmost to promote the happiness and interests of his peo]jle. 15. Oh how charming to my heart is tlie impossibility of an inward ref isal to those admissions I But, my children ! it is on what has been seen most commonly to happen, — and thence presents itself as most likel}' to happen, — it is u])on this that all practice, if it has any pretension to the praise of pru- dence, must be built. 16. All men are not Frenchmen. Frenchmen have not been at all times what they are at the present times. Even Frenchmen cannot be depcnikd upon for being, under all circumstances, what the}' are under existing circum- stances. What if they could be? All Frenchmen are not men of Paris. All men of Paris are not men of the three d'/i/s. 17. Then as to Kings. All French Kings have not been Louis Philippes. No other King ever was what Louis Philippe is. No other King of the French ever will be what Louis Philij)pe is. Louis Phili()pe himself will not continue to be what he is, if a Chamber of Peers is suflered to continue, or any ISecond Chamber is constituted in the room of it. No : Louis Philippe himself will not continue to be what he is, if any such temptation to change is suflered to have place. lb. And why is it that, even if he cotdd, no other King could, with such a power in his hands, be dejjended upon for not abusing it ? My children, 1 will tell you why. In the situation of King, cupiditij for the above-mentioned good things, — cupidity for all sorts of good things, — is essentially insatiable. Yes: in that situation, above all others, your proverb is exemplified — Vappetit rient rn mdiigennt. ly. Come — I will give you an example. — I will not speak of a Ferdinand tJie Beloved — I will not speak of a Don JMi^tiel : — You have heard of a George the Third : — I will speak to yen of this same (ieorge the Third. 20. Best of Kings was the title bestowed upon him: — best of Kings, by acclamation — by general acclamation. To (ieorge the Third, Best of Ktjigs, as to Fo/taire, Prince of Poets, during his life-time — witness Mount Parnassus. — Look then at this best of Kinss's : and then let each of you ask himself^ — what can I reasonably expect, at the hands of an average King? And in particular, of an average King, with a Chamber of Peers, in these same royal hands, to work u[)on, and work with, and mould to all his royal purposes ? 21. Well then:— now for a s[)ecimen of him. I. The conuneuccment of iiis reign was distinguished, by the endeavours of many years to ruin a man for an indecorous w ord : this endeavour eniled in making the man's fortune, 22. — II. His income was somewhat less than that of your Charles the Tenth : it did not satisfy him. 2.3. — III. In the course of that siiiie reign, nine difierent baid-6' ; that VTiOney h wot Judgment ; that money is r\ot active talent, applied to business such as that of the olnce. Ko : all that I could do, 1 could not bring iiim to perceive, that a man's having luul experience in that same business gave a better chance for his being fit for the doing of it, than could be given by any money that could be put uito his pocket (a). !?uch management, guided by such intelligence, goes with us by the name of Governnieut. The so-governing and so-governed, you may perhaps look upon as not ill-fitted to each other. Labour in vain was all this labour; and so it will continue to be, till those, by whose labour the n.oncy so disposed of is p^roducc d, tc.ke up the matter, and say, that that which the labourer is content to take for his hire, tlict, in this case, as in every other case, that, be it ever so little, is sufficient for hira to receive. Yes : Labour in vain has been hitherto all this labour. Lost it has been upon the counterfeit l^epresentatives of the people. IJi^till, among them, the cry is — Aptitude is as opulence. Lost it has been even upon their so-called Constituents. No man have I prevailed upon, as yet, to join with me in pro- claiming — Aptitude is not as opulence. § VL Corruptionists unavoidably the Members of any Second Chamber — Objections thence — Corruption dissected. 1. Fellow-Citizens ! I must now speak to you of corruption and delusion. Intimately connected arc these two things with the subject-matter of this intjuiry ; so likewise (as you w ill see) with one another. 2. By the words corritntion and dtl'tsion (delusion in English, in French illusion), are designated, in both languages, not only the clil'ct produced, but the cause of that same effect : not only the effect, which will be produced u[;on the members of this same Second Chamber in case of its cNistence, but the cause by which th.e jtroduction of that same effect will be seen to he una- voidable. For, such in both languages is the jiovcrty of language; anil such, in and by both of them, the confusion spread by that poverty over so consi- derable a portion of that same instrument of thought and converse. 3. Corruption, political corruption, is a sort of thing which is continually in every pen and every mouth. ]5ut, in the course of my iuouiries, some shapes i.i which it makes its appearance to a vast extent, have presented themselves to my view — some shai)cs, of v.hich it has not happened to me to see or hear mention made, anywhere else. A coni[ilete dissection of this same corruption is accordingly an operation, which presents itself to me as being, on the present occasion, an iiulis- pensabJe one. Be the shapes of it in which 3'ou e.Kclude it ever so numerous, — as good might \-ou leave it unexcluded in all, as leave admittance to it in any one. 4. It is not an agreeable one. To myself, I am sure it is not : to you, I cannot expect it to be. Of this I thus give you warning: whether ho will submit to the drudgery will thus depend upon each jnan's choice. Thus explained, 5. ]jy corruption you will understand — any actor state of things, by which, by means of its operation on his vill, a functionary is induced to act in a course — deviating in any manner from the path of his duty. 6. By delusion, effects producible by corruption are produced by an opcra- {n) See a latcly-publisiicd miscellany, inlitiikvi. Altitude ni ximized, E.rpen3» minimir.td. 22 JEREMY BENTHAM TO HIS tion applyinc; to the iiiulerstanding : to the ?n7/, no otherwicic tlian tliroiigh the niediuni of the uiKk-rsttinding. 7. My children ! you see ah'eady the practical use there is in holding up to view — the need there is of brin^ins; to view — evervthint; that can be contriliu- tory to the production of this maleficent effect : — every occasion, on which it can happen to it to be productive. This is not a question of mere words. Good government depends u|)OU — or rather is the same thing with — the un- dulating progression of each functionary in the path of his duty. In so far then as his means of happiness depends upon the goodness of the government, the happiness of every man that )"eads this depends upon the non deviation of the several functionaries from the path of their respective duties. Of the exhibition thus made, the enti in view is — the engaging those on whom it de- pends, to minimize the qitant'ity of the matter capable of this operation, and the number and extent of the occasions on which it is capable of producing this effect. 8. On this occasion have patience with me, and you will see brought to view, for the purpose of their being guarded against, ways and means, in and by which the effect of corruption is produced — ways and means to no small extent outstretching all that as yet have been generally in view. Haifa dozen of these you will see — or thereabouts — more or less: as the3'' are presented to your view, indication will be given of their supposed novelty. 9. By matter of corruption understand everything capable of having corrup- tion for its effect, and thereby applicable by man to the purpose of producing it: matter of corruption, say for shortness. Say also, upon occasions operating as an instrument of corruption. 10. The matter of corruption is either the matter of g-ood or the matter of evil. Yes, the matter oi evil : for with this effect is the matter oi evil capable of operating, no less than is the matter of good ; — yes : and with even still greater force and efficiency : capable of operating, and to a vast extent, and with a deplorable degree of sinister efficiency, — actually in use to be made to operate. 11. Of the several modifications of the matter of good you have had already — if not a complete list, — exemplifications in large number : — namely, those which, in speaking of the situation of the functionary called a King, were exhibited in the character of objects of his cupiditi/, or say concupiscence. So many modifications of the matter of good, so many shapes in which in the character of an histrument of corruption, the matter of corruption is capable of operating. 12. Of the matter of evil, all the several modifications capable of contribut- ing to the production of this effect, you will have in view — in proportion as you have in view those evils, which are capable of befalling a man, and being to this purpose employed, in such manner as to be made appear to him to be continu- ally about to befal him, without exposing the employer to suffer for so doing at tiie hands of the judicial authority. 13. In this case, the matter of good acts (you will see) in the character of matter o{ reward : matter of evil, in the character of matter of punishment. l-i. Bt-hold now a circumstance by which proof and exemplification is afforded of the truth — the important truth — that, in the character of an instrument of corruption, the force and efficiency of the matter of evil is greater than that of the matter of good. 15. By the matter of good, — that is to say, by the eventually expected receipt or enjoyment of it, — how great soever be the value of it, xh^i power of choice is not to common conceptions considered, and in common language accordingly spoken of, as taken (iwaij : whereas, by the matter of evil, — when the amount of it rises to a certain lieight, the power of choice is commonly considered and spoken of as being taken away : as commonly, as, by a loaded pistol applied to FELLOW-CITIZENS OF FRANCE. 23 a man's breast, accompiinied with tlie demand of his money, the power of choice is considered as [)cing taken away. 16. Note here — that the same portion of matter oi)cratcs in the way of matter of good or matter of cril, according as it cowrs to the individual in question, or goes from him: by coming to him, it operates as matter oi' good ; by going from him, it operates as matter of ei'il : and, by going from him it operates upon him with much greater force tlian by roitiiiig to him : nnniug to hnn it operates no otherwise than in the way of rcinird : going from him it operates m the way of punisliincnt. 17. Take anv man for example, — and suppose the value of the wliole amount of his property to be lOOl. : with nuich greater efficiency, in the way of producing comjiliance at his hands, will the ap[)arcnt probability of his eventually losing tiiis same 100/., than will the same apparent probability of his gaining lOl'/. 18. For holding up to view an evil of such immense magnitude, and thence presenting the deaiand for remedy,— you will (I flatter mysclfj not be back- ward in recognizing the demand for some means of designation : a demand as urgent as that w hich gave existence to the ilenominative corruption in the case where the matter of good is the instrument by which the maleficent effect is produced. No such appellation being in use, it seems to me that by giving the requisite extension to tlie existing appellation cornii)t>o)t, the deficiency may in a more convenient manner, than by any other word, or locution, be su[>plied ; comp'tlsori/. or say rompitlsirc, or else infiniidi/tire, the corruption being, in this case, s'tiled ; rrmuneratirf (a) in the other case, 19. Now, as to the various shapes in wliich the matter of good, operating in the character of an instrument of corruption, is capable of having existence. One of them is patronoge. 20. Among the modifications of the matter of good brought to view, as above, vou may have made observation of tlie various .situations, of w liich the ofiiciarestablishment of a community is composed or composable. •21. The hap[)ilv rare case excepted, — in which the incumbents follow one anotiier in the way of hereditary succession, — in the case of every one of those same situations, for every person or set of [lersons jilaccd — located say — there cannot but be a person or set of persons, by whom he or they are located — say a locator or locators. For any such locator, patron is the term in common use: patrmnge, the name of the portion of the matter of good, possessed by him, in such his capacity 22. Here then — of any such situation the possession cannot have its value, and consequent efficiency in the character of an instrument of corruption, — but the patronage of it nuist have a correspondent value. 23. In the ease in which an ecclesiastical licnefice is the situation in ques- tion, the patronage is denominated an adroirson. This same advowson pos- sesses a mai'keta.lile value, just as any ordinary estate in land does : ten years' purchase [lerhaps, more or less. This then, or thereabouts, subject to correc- tion, may be stated as the relative value of the patronage of any such office. This, and ho more, may be stated as the value of the patronage of an ofiice to the [)atron, when the individual, whom he locates in it, is any person taken at larire ; many more years' purchase may it be worth, if tlie locatee, whom he locates in it, Ls a son (/>) or other mar relative, for whom to this same amount he would make provision out of his own income, were it not for the extrinsic source. (<•/) [Remiineratire.] — /illeclve would in this nisp tnikc a bettor mutch with rompul- tire tlian remunerdlive docs: allecliie from alticio : bill uiiforluiiati'ly , allectire is scarceiv as vet in the lan^ii.T.'f;. {!)) [Sun]. — Tliu.s, ill thai i^.ut of till' jii(liciiu\ liepartincul, which is composfid of the 24 JEREMY BENTHAM TO H!S S^. Over the possession of a profit-yielding situation in the official esta- blishment, /^ff^rowa^e has this advantage, — that, whereas to tlie number of such situations which, even under a corrupt form of government, one and the same individual may have the possession of, there is some limit, — to the number of those which he is capable of having the patronage of, there is not any limit. 2o. In England, iuimediately or by the intervention of middlemen, vi'ith exceptions to a comparatively inconsiderable amount, the Kiiig has the patronage of all the several situations of whicii the v/hole of the ofiiciai establishment is composed. '26. Of the matter of corruption in this shape (need it be said ?) is com- posed, the motive, by which men are induced to do their utniost for the ujdiolding of a form, system, and practice of government, on v.hich tlie ajipellation of Matcliless Constitution, in the endeavour of covering its defor- mity ^ by a veil of unmerited laudation, is with such unblushing perseverance bestowed ; the possessors and cravers of the matter of corruption in this shajje, all the while bestowing upon themselves, and one another, the praise of (lisinteresredness and so forth. 27. For the production of the maleficent effect stiled corruption, not necessary is it that there should really be any person in whose mind any such intention has place as that of administering the matter of corruption, for the purposes in question, or for any other. Why not necessary ? Answer : Because any person, disposed to earn the wages of corruption, will, on sight of any other person occupying a situation which places in the hands of the occuj)ier any adequate mass of the matter of corrujition, together with the means of benefitting himself by the administration of it, will presume the exis- tence of an adequate disposition so to administer it, and will act accordingly. 28. From this state of things results the need — the urgent need — of appel- latives, adequate to the [)urpose of planting and keeping in one's mind, the dis- tinctJon between the two species of corriiptionists — the intentional and the unintentional : — a distinction which (it is believed) is now, for the first time, held up to view. 29. Moreover, here may be seen the place, for bringing to view the several classes of persons to whom the appellation of corriiptionists may, with equal and mdisputable propriety, be applied — namel}^, active corruptionists, the cor- ruptors ; passive corruptionists, stiled, by means of the termination thus em[)loyed in the antient Law French language, corruptees — in modern French, corronijius. SO. This distinction borne in mind, with indisputable propriety may (it will be seen) be applied tlie appellations of corrriptionist and corruptor to every person possessing power of patronage: the corruption operating, as such, with a degree of efficiency, proportioned to the magnitude of such his power : to every such patron, and in particular to every King. .31. What! to Louis Philippe? Yes: to Louis Philippe, and with as indisputable propriety as to George the Third, of blessed memory, or any one else. 32. jfily children ! think of the Medecin malgre lui : he is well known to JM(]ica*ory stiled tlie Court of Chancery, no fewer tlian nine lucrative ofnce? are in the possession or sure expectancy of a £011 of the Ex-Chancellor the Earl ofEldon: a£rj;re- fjate income 9,000/. a-year, more or less : about one lialf for tliis lontr time in posses- sion: all those conferred and " obtained on a fabe pretence" — obtaitjeJ by an act which, by a statute still or till lately in force, was con-^tituted, in tiie case in which it has for the ag^ent a person odier than a member of the ofiiciai establishment, acting' as such, sub- jected hira to tile punishment of beiiiir imprisoned, whipt, or transported to a distant dcpendaiuy, there to be kept in a state of setvitude. Add, or to be put in tiie pUloiy ; till this mode of punishment was a short lime ago abolished ; faliC pretence, that of an intention lu do the business of the office. KErXOW-CITlZEXS OF FRANCE. 25 you. Well, then, here von may see a Hoi comiptcur, — a Rox corriipteur malgre Int. 33. But — what, should he decline giving his concurrence to any arrange- ment, by\vluch,uithout production of evil to a preponderant amount, in some determinate form, — the quantUn of the n:atter of corrujition, and thence the efficiency of it, would be diminished ':* The supposition is an unpleasaiit — an i/ividio'is—ono; tlie answer, needless. Si. For production of this same maleficent effect, stiled corruption, — as little necessary is it that the matter, 1 y which it is produced, should, in any deter- minate siiape, be present to the mind on wliich the efiect is produced. Why not necessary? Answer : Because, to the imaginative faculty of a mind appro- priately disposed, it wdll naturally present itself in the most attractive shapes and colours — the shapes being those of the most valuable lucrative situations, or otb.er benefits, w hich the patron looked to has it, or is supposed to have it, in his power to confer. 35. Hence may be seen — that, of tlie matter of corruption, when in an inde- terminate shape, the efficiency is naturally not only not less, but much greater^ than when confined to any determinate shape. 36. And now may it be seen — why and how it is, that corruptionists — the most maleficent of corruptionists, active and passive — how it is, that they are so ready to make law upon law, against bribery — leaving corruption, in its compuhory and so much more efficient form, unrepressed, evil in so efficient a manner and degree promoted. Making laws against compulsion, in the form oHtribcry, they combat it in a form in which, it being, and frequently in a ruinous degree, costly to themselves, they are not unwilling to suppress it : leaving it unrepressed when in the compulsory form, they that give establish- ment to it, in a form in which it not only is so much more efficient, but costs them nothing. 37. In so far as they are reduced to have recourse to bribery, the law is aoyiin^t them ; and, in this case, to no small extent, they are under the neces- sity of laying themselves at tlie mercy of men whose morality tliey are thus themselves corrupting: at their mercy, not only in respect of the fulfilment of the illegal bargain, but also in respect of forbearance to turn against them, and join in prosecuting them for it. On the other hand, in so far as the form they give to the operation is the comiiulsive form, — they have, and to a great extent, the law — not simply neuter, but actually on their side. Thus it is, tor example, to the whole extent of the relation of landlord and tenant : the landlord turning out, or, by the hand of the law, in various ways tormenting his tenant, in the event of his not giving his vote to the Candidate, how unfit soever, whom it pleases the landlord thus to force upon him (a). {a) ]. WHnc'^'i a. Duke of Newcastle ; who, if report ?ays true,* turns ont of llieir habitations or other possessions, no fewer than seventy heads of families, for having contributed towards the placing in the Assembly of the Representatives of the People, persons other than those chosen by himself: alleging, in justification, his right by law " to do as he pleases with his own." 2. Witness, in like manner, a iVar^wis of Exeter; who, if like repoit says true, t ^vcs information to tenants of his, who tiiemselves had even voted for both his Can- didates, that " uidess they disdiarge their leiiaiMs who did not so vote, they shall, not- wilhstandinir their own voles, be turned o'lt of all the pro|)orly they hold tuider " the family of which he is the iicad : to jriilniri, moreover, that unless, by vuirria^'e or olheiwise, they procure voles, tlioy will share tlie same fate. .3. Behold here a c/iQiu of tyrannies : not content with being himself a tyrant, here stands a man, forcing others (query in what numbers) to be participators in like guilt. • Mornir>fr Ctirnniele, '27lh Seplemiier IRJl). t yiorniv^ Lkronklv,H\\\ Otlobtr iMoO. 26 JEREMY BKNTHAM lO HIS 38. For the production of this same maleficent eii'ect stiled corruption, as little necessary is it that the iiuhvichial, to whom application of the matter of corruption is made, should be the very individual, at whose hands the male- ficent conduct — the breach of public trust — is endeavoured to be produced. It may be any other inilividual, with whom the breach in question is connected by any adequately strong tie — whether of self -re gar ding, or of social, or say sijnijtathetic, interest. 39. Hence it may be seen — how far from being sufficiently grounded is the notion, according to which, by being secured for life in the possession of a lucrative office, in such sort as not to stand exposed to any danger of being dislocated, — a man is rendered corruj)tion-proof: secured, as he thus is, airainst corruption, in so far as efiectible by application made of the matter of evil in that one shape. 40. Corruption-proof — yes ; if, to that same purpose he does not stand exposed to the being corrupted by the matter of evil in any other shape. 41. Yes: if, to the purpose in question, he does not stand exposed to the being corrupted by the matter oi good in ain/ shape. 4:2. Yes; if there'be no other individual, with Vv'hom he stands connected by any such tie as above-mentioned. 43. Here accordingly may be seen the imposture so often endeavoured to be practised, iiy the boast expressed by the word indepoidence : the condition being in fact tiiat ot irresponsiljUiti/ : that is to say, non-exposure to suffering in this or that shape, or in any shape, for any act of maleficence coiumitted by the individual in question, in the situation in question («). 44. Imperfect and inatlequate would be the dissection here made of poli- tical corruption, if the non-proximate as well as the proximate causes of the disorder were not brougiit to view. Of the non-proximate there may be any number of removes. Non-proximate of the first remove may be seen in the instance of wars and distunt dependencies. Necessitated by the one as well as by the other are lucrative offices. 4o. Wars and distant dependencies bear to each other both relations, — that of cause and that of effect. Of distant dependencies the possession on the one part, the cupidity on the other prrt, beget war : war has sometimes on the one part distant dependencies for its fruit (/>). 46. Corruption and waste. Between the two evils thus denominated, rela- tions have place, which, on this occasion, it may be of use to have in view. 47. Whatsoever portion of the matter of good is received or looked for by any functionary of government as such, in particular if receiveil at the charge of the government, is, as hath been seen, capable of operating in the way of corru|)tion. 49 But it follows not that it is in any part of its employment in waste: not only whatsoever is necessary to the sup[jort of the government, but what- soever else is capable of being employed in such manner as to be productive of a balance in the scale : not only is not employed in waste, but ought to be employed in the manner in which, by the supposition, it is employed. 49 To a not inconsiilerable extent, corruption may have place without waste. For, if by marks of general kindness on the part of one functionary — (a) Of this sort is the independence given to English Judges ; who are thereby ren- dered so many, as it were, natural enemies to justice, and partners in, and supporters of, that aristocratical tyranny, vvhich, under" matchless constitution, " is the cause of all the political evil under which Englishmen are suffering. {b) BiUer is the fruit to the inhabitants of the parent territory, whatsoever it may be to the inliabitants of the soil into which population is transplanted. But when, by the hand of Emancipation, the brand) by which a layer was connected wiih the sleek is cut, the layer having taken root, bitterness ceases, and sooner or later all that remains is sweetness. FKLI.OW-nriZENS OF FRANCK. ^"f and in particular a fiiiHtioiiary of superior onlcr — witlioiit nxMioy or nioiiov's wortii expeiulcd, anotluT fiuutionary be, iuvciglccl into a breach ot" official duty : here is corruption, but here is not any waste. o(». Natural indeed, but (as hath just been seen) narrow-siiihted and erroneous, would be any such maxim as — Let no institution, by which cor- ruption is tv/y;r////r of being produceil, be endured. 51. For, in the first place, whatsoever expenditure is to such a degree necessary that government could not have place without it, — operates, except in so far as effectually counter-operated, in the way of corruption. b-i. In the next place, at the conniiaml of government, a means tliere is, by which the matter of corruption may be divested of its poisonous qualities. .53. This means consists of the p.ower of didwnt'inn, if made exer- cisable on all pul>lic functionaries : immediately or by the intervention of oiher hands, Inf the great bodv of the people in quality of possessors of the citiict'itKtton auihonty, by which the meuibers of the Icgi.shiture are deputed and located. 54. In the case of the members of a Second Chnmher, as such, — and in parti- c\ihir if in the case of a CliamhcrGf I\ers, assuch, — every | orlion of the matter of good possessed by them as such, cperates in the way oi' in/ntf, and in the ■way oi' cvrrvjition, both : and, in the way of corruption inmiediately : because not capable of being counteracted by that power oi" dislocation, which, with reference to all other fiau tionaries, is capable, as above, of being possessed and exercised by a First Chamber. 55. Thus much as to counteractive remedies. Now as to preventive reme- dies : — against corruption — whether by means of evil, or by meansof good, in the case of location In election, one remedy (need it be said ?) there is, and but one: but t/iai a cert; in one. This is — wc^yc^'/ of siif^iage : which secrecy may with certainty be maintained by the mode of delivering the suffrage, when effected in the way of Onllot, as the phrase is : — mni/ be maintained — and accord- ingly is so maintained, by all persons who are really desu'ous of maintain- 56. What then shall we say of him, and of the guilt of him, who, seeing the efficacy of the hnUot, in the prevention of this corniplioii — of this oppression — of this t\ranny — shall use, and persist in using, his endeavoin-s to prevent the use of this all-efficient and sub-efficient remedy against an evil, by w hich any form of government, the best in all other respects, is capable of being transformed into the worst. 57. In coHqiarison of the guilt of him by whom any single act of this com- pulsive corruption is produced, — the guilt of iiim, by whom the practice ol" it throughout the whole held of election is adv<;cated, — will it not be as the num- ber of men, if any, who by means of such his endeavour shall have been ren- dered compulsory corrupt, will be to nuuiberwit'. ^ VII. Dtlasion — Us contribution to the malcjicence of a Second Chamber. 1. Delusion has two sorts of in.struments: the one consists of that j)()rti()ii of the matter of corrupti(jn, which is composed of the showy part ot"tlic matter vf f>ijo(l : the oilier consi -t?. ul' wunk. 'd. Of these instruments of corrujttion which are composed of the matter of good, — those, wliieh are in.trumenis oi' i/ifi^'ii-li/, are tho^e, by which, in a con- s{>icuous manner, indication is aHonled — either oi' thu jtoirerx of the tiinction- ary in (juestion, or of the matter oi' lecollli attached to his situation. .'}. Of those attached to the situation oi' Moiain/i, ixamplcs are the follow- ing: — 1. The Oown. — ii. 'I'iie Habiliincnls. — m. The Throne. — iv. The hjteplre. — v. The Armorial Dearinj;s. 28 JERBMY BKNTHAM TO HIS 4. Of these trappings, to make o;it a correct aiul complete list would be a work of IK) small difficulty and very small use. 5. To those which consist of words the same observations inav apply, with little variation : they must be picked up — these words — wherever they are to be found. 6. Diifiiif;/, Insfre, spJcnihr, honor, glorjj, and influence : these present themselves in the cliaracter of the princi[)al ones. 7. Diifiilti/ is a sort of ignusfatmis, that requires lustre and uplendor for the support oi' it. Itself it is a necessary support to the throne: but then, this same self requires support ; and these are A^'^to^/^r and lustre, or lustre and splendor: one or both, which you please. " This that you are writing (I think I hear you, my children, saying) is stark nonsense." Yes : so it is, indeed : but nonsense cannot be appropriately represented without nonsense. 8. Think, how many hundreds — thousands — myriads — are every year, in England — not to speak of other countries — consigned to a lingering death : all of them by taxes imposed, and means of sustenance thereby snatched away — all for the support of the lustre and splendor of the throne, the crown, and its dignity. 9. The splendor and lustre, that have gaslights for their efficient cause and support, and are einployed in keeping accidents and ofiences excluded from streets — these are of real use : but with those the metaphorical splendor and lustre, which give support to the crown and dignit}', form a perfect contrast : whatsoever effect they give birth to, when viewed in the point of view iu which they areordinarily viewed, is, instead of being of use, purely mischievous. 10. But these things — do they not give support to government ? and if government is an evil, is it not a necessary one ? — Give support to govern- ment ? O yes : that they do : and there's the mischief of them. What we want is — that a good government should have support : and that a bad govern- ment should not have support — should fall to pieces for want of support. But what tltese things do is — giving support to all governments — to the icorst as much as to the best. 11. Apply this to the present case. To the Chamber of Peers, let tha members of it conduct themselves in it ever so ill — oppose all measures bene- ficial to us all, as strenuously and perseveringly as they will, — the same sup- port will these extrinsic decorations afford to it. 12. Viewed in their true point of view — understood in their literal sense — these same words lustre and splendor may be not altogether useless : — they are not altogether uninstructive. Of lustre and splendor taken iu this sense, what is the effect ? to dazzle the eyes of beholders : to cause them to see the objects in question confusedly and falsely : in a v/ord — to put these same beholders into, and keep them in, a state of delusion. 13. Antient history tells of an " antient sage philosopher," who took it into his head that he should, somehow or other, be the better ofl'for being stark blind : and accordingly contrived to make himself so, by means of the splen- dor and lustre of a brass basin. Of this philosopher the philosophy wii], without much difHculty, be pronounced "false philosoph// ;" and surely witli as little difficulty may that philosophy/ be pronounced /rt/A-e, which prescribes the consigning human cre?.tures by thousands to lingering death for the support of the lustre and splendor. and dignity of coronets, not t3 speak of fwwvi.v. 14. So much for dignity, lustre and splendor : or lustre, splendor and dignity. Now for honor and glory. As, on their part, dignity, lustre, and splendor, are, in our proverbial lan- guage, " birds of a feather,'' and as such, " flock togetlier," — so on their part iirc honor and glory. These derive from their relation to tnir the chief part of their relative use:' in them mav be seen at once a seed and a fruit of it. FELLOW-CITIZENS OF FKANC.K. 29 l.>. In //o/iw, we, in England, possess four letters which, of themselves, will, at any time, afibrti a suificient ground and justification for war : for war, with anybody or everybod}'. Such, at any rate, was the aphorism — pronounced, once at least upon a time — ofcencr for ought I know — in our Honomble Hume, by the th.en leader, and the now idol, of our Whigs. Of the state of things called tear — which being inter[)reted, is homicide, depredation, and deslntction — luunan suffering produced in all manner of sha[)es upon the largest scale — of this so illustriously serviceable state of things, the efficient causes niigiit, all but one, according to his principles, be suftl-red to remain without effects: not so, any the slightest wound received by honor. 16. Of tliis rhetoric, what is the corrcs[)ondent logic? Antiver — Thut whenever, and to whatever end of your own, and against whatsoever nation, you take a fancy to make var, — if, being a statesman, you condescend to pleod a Jvstijicatioii for it, you stand uj), give the appropriate sound to the four letters h, 0, Hy&nd. r, and your justification is made: always understood, that you must pronounce the woril \>itha certaui degree oiloiidue.<.-es, in what v/ay is it (say j'ou) that these words houor and gior// have apj»iication •' I answer, in this way. Gods have tlieir attril/utes -. Kings and Peers, their^s. Kings are " ilodn vitk us" their representatives and images upon earth. Peers are creatures of the crown : of the crowns of Kings. Of their attributes I leave it to some future Black- stone to give a conndcte and correct list : all that, at this moment, 1 know- about them is, that fiiis oi honor, or say lionoraOteiiess, is one of them. 19. M^ith us, the Chaniher, or as we say House, in which our self-consti- tuted and self-stiled representatives of the people are seated, is stiled Honor- able : the House, that is to say, in plain language, the population of it taken in the aggregate. This House is sim[)ly Honorahl<\ wliiie that of the Lords is in like manner stiled Right Honorable and Most Honorable : — one or both — I can't at this moment tell which. 20. Within this same Right Honorable or Most Honorable House, are degrees of honor, rising one above another, in a scale ; namely — i. Baron and Baronies. — n. Viscounts and Viscounties. — iii. Earls and Earldoms: these simply "Noble." — iv. Marquesses and Marquisatcs. — v. Dukes and Dukedoms : these " A/osi Noble." All these Peers. 21. 15ut, added to these is a purificative and conservative mixture, of ano- ther sort of Lords : Lords, who are not Peers, but sometliing better and still more respectable than Peers; namely— l Bishops, Bight Reverend. — it. Archbishops, Most Beverend. These, to distinguish them fi-om the sort of Lords v.ho are Peers, are stiled Lords Spiritual; to wit, in consideration of the spirit they are full of. Spirit meant originally gas : a kind of thing, one species of which is that which streets are lighted with : in their instance, it means a sacred sort. Sacred means the same as holi/ : so now you under- stand what they are In contradistinction to them, the Lords who are Peers, and have for their contradistinction attributive the word Ti;i\ii>ouAL, cannot but in conformity to the established nomenclature, be acknowledged to be profane: sacred imd holt/ ave synonymous to spiritual — profane to temporal : tacred and profane are to each other as black and white: holi/ men are, some- how or other, if you will believe them, " /// God:" and being so in God, they contrive, somehow or other, to be Fathers: which is more than your Bishops can do : in a carnal sense at least : or your Archbishops either. 22. "All this," 1 hear you saying, "may be very true ! but what has it to do 30 JEllEMY BKM'IIAM TO HIS •With Sfcond CliamUrs?'^ My cliildren, it hwa this to do : wherever there is either honor or dig-itit}/, there must be a xuppovt to it. Everybody says as much ; nobody denies it. And this support must be made of moiuij. And, for the extraction of the material, from the pockets of those by whose labour tliat which is given in exchange for it is produced, tliere must be a pretence ; and the [)retence is made by the manufacture of offichd sitnatmis : to which situations is attached money and money's worth, flowing in through the medium oi stdarics, fees, and perquisites : and to the situations are annexed pensions of retreat. 23. So, likewise, pensions, or donations, or both, for tridoics and children. For, as each Peer has his dif>-nitj/ to support, so has his widow hers : so have his chiiilren theirs: everyone of these same children, his or hers : of his male children, the eldest has more dignity than any of the others have : the others have every one of them the same. And, in each case, what would become of all this dignity, if it was not for the support given to it by the money? It would, of course, drop down. And were it to drop down, what would become oi government ? But the catastrophe is too terrible to bear thinking of. 24. True it is — that, in the Anglo-American United States, no such extra- vasated remuneration has place. Yet there, a something, called government, is to be seen, if you look close to it. And, somehow or other, it stands upon its legs, though it has no such supports to it. But, tli'tt government, being a democratical one, is nat (so our monarchists are always ready to assure us) worth looking at. 25. And forget not, — that this jargon about the necessity of honor and dignity, and lustre and splendor, for the support of government, — and of money, extracted by depredation, for the support of honor and dignity, and lustre and splendor, — is no Joke. It is uttered in most perfect gravity and serious- ness, with exemplary solemnity, in messages from the King, and in speeches in both Houses. Uttered as and for a competent government justification of taxation to any amount. And, to the quantity of money, for which there may, on this score, be an undeniable demand, no limit is ever professed to be set : to the quantity provided for the defence of the country, always : to the quantity provided for the support of the otherwise helpless and doomed to death, ahrai/s is a determinate limit applied : for, in both these cases is reference made to need in a specific quantity, to which ajiplication of the supply is to be made : for such a number of mouths, such a number of pounds of nionnj — and so forth : to the quantity provided for these siip>ports, always a limit set : to the quantity provided for the support of dignity, never : — never — no never can there be enough of it. 26. And now, my children! now (I hope) you are satisfied: satisfied, I mean, with me, your metaphorical father : for, if you are satisfied with the state of things thus faithfully represented, — if you (I say) are satisfied with it, it is more than I can be with yon. But I will not think thus meanly of you. 27. Nor is this all. The dignity, with its et cceteras, thus placed upon its support, — it is in the situation in question, with relation to the services at- tached to it in the character of duties, received as a sulistitute for, under the name of a surely presumptive efficient cause of, appropriate aptitude : — yes : of appropriate aptitude, in all its several branches, moral, intellectual, and active: brandies, three or four, as you please; appropriate intellectual aptitude requiring, on some occasions, to be considered as combining appropriate hnou'ledge and appropriate Judgment. 28. How then stands the trutli of the case ? Is it — that, the noire there is of this dignity, witli its et cteteras, the more there is of this same perfect aptitude ? Oh no : but, contrariwise, the Uss. For as to appropriate moral aptitude, this is the fruit of self-denial, itself an irksome sort of operation : as FELLOW-CITIZENS OK KKANCE. 31 to appropriate intellectual aptitude, and active aptitude: — these are the fruits of hard labour — another irksome sort of operation : and the qiuintity of them is naturally in proportion to the quantity o'l ncfd ; and, the less the need a man has of any irksome sort of operation, the less does he employ of it. 29. Of this same Would not the speaking of it, as necessary, or even contributory, to tiie support of good governmeiit, be, by all lovers of good government, regarded as an endeavour to produce illusion? — maleficent illusion y These questions will assuredly be seen to furnish their own answer. 33. Well then: could the present, or any other Chamber of Peers, have place among you, without factitious honor and dignity? Could it, without factitious honor and dignity, manufactured out of the sort of materials just mentioned ? By any man, by whom it were jiroposed to be established, would it be prrpohcd, or wished to be established and preserved, clear of all such factitious appendages? And here you have the last of these strings of questions, which furnish their ow n answers. 34. Read, in this view, the works of Intelligent travellers published of late years: written without view to the present question. lUail, in particular, the account given hy J)oheU of that vast sample of the human species — the jiopulation of China, lunjuirc of all intelligent men, who Iiavi' hail occasion u 32 JEREMY BENTHAM TO HIS to be acquainted with the different orders of men in Greece: always you wi?I find at the top, depravity ; at the bottom, excellence : and how cheering (is rt not ?) the thought, that it is in thej'eiv that depravity has her seat ; in the many — the vast many — excellence. 35. So nmch for Honour, Dignity, Glory, and their et Cfcteras. Now for Influence. Influence is corruption under another name. 36. Of the terms ili/slogistic, eulogistic, and neutral, the import has received explanation, and the us:; indication, elsewhere {a). Corruption is ch/slogistic : it givfs expression to a sentiment of disapprob'ttion, as being attributed to the idea of the operation, or the effect, designated b}- it. By the term influence, expression is given to the idea, without calling up, in conjunction with it, the sentiment : that sentiment, which, in so far as imbibetl by the hearer or reader, would (it is apprehended) dispose him to endeavour to make altera- tions in the state of things under consideration. 37. No\v, as to the employment given, in the present case, to the word influence, in preference to, and, if possible, to the exclusion of, the word corruption. For the purpose of giving to the state of things, and to the institutions, on the continuance of which, his happiness is, in so great a degree, dependent, or is supposed by him so to be — a man will, of course, on all occasions that seem favourable, be doing whatsoever to him presents itself as contributing to that same purpose. Amongst other expedients, by giving expression to that sentiment of pleasure and approbation, with which the idea of it is accompanied in his own niinil, and which it will be a gratification to him to communicate to other minds. But if, in speaking of the states of things and institutions in question, for the purpose of thus praising them, the word made use of by him, on this occasion, were the word corruption, it would not answer, — it would thwart, its purpose. The proposition, of which it makes part, would be a self-contradictory one : while endeavouring to defend the institutions in question, he would thus be passing condcmnution on them. 38. Take for an example this aphorism — " The influence exercised by the Crown is part and parcel of the constitution of the country." The influence of the Crown, without limitation or exception, as to tlie persons on whom exercised — whether Lords — Commons — or, of the body of the people, such individuals as are electors of the Members of the House of Conmions. Over and over again, and without reserve, has this been heard, and without con- tradiction heard, in the House of Lords, and in the House of Commons ; and to this word, influence, with as little reserve, has been prefixed the word legitimate. To the word influence substitute now the word corruption. The legitimate corrujjtion, — and say, employed by the Crown — In either of those high places, has any such proposition, with this obnoxious word thus embo- died in it, been ever heard? Assuredly not. — To the Tov'er ! would be the cry, should any such heresy ever (which it is morally impossible it should) find utterance. 39. Alas ! I have been forgetting all the while a sort of dignit\', wdiich (it will be said) cannot be truly s,t\[e(\ factitious ; forasmuch as, with indisputable truth, it may be styled natural digniti/. This sort is — the genealogical sort : — the sort composed of the genus et proavos, et - tmtive: in the cases in which, as abovf, contestation lias already place, or is ex[)ccted to take place, it is stiled jmlir'nil. 8. In this latter case, in each imlividual instance, two sorts of questions are liable to have |)!ace, — namely, 1. That which is called the (luestion o'i tair ; that is to say — the ([ucstion whether tiie import ascribed to tlie terms of the portions of law appealed to l)y him, by whom application is made to tho Jud"e, for the sort of service rendered by him, by exi-rcise given to his ap- propriate posver, — be that which ouglit to be considered as expressive of the v'ill entertained by the legislature in that beiialf, 2. That whicli is called the question o\'f'ii:t — that is to ;>ay, the question whether llie individual state of 34 JEREMY BENTHAM TO HIS tilings alleged byhim as constitutive of his title to that same service, really, on the occasion in question, at the time and place in question, had existence "(«). § IX. Duration of its Juthorif?j, — a further Objection to a Second Chamber. 1. After the objections from the before-mentioned sources, any addi- tional objection from this one will (I should hope), to most eyes, present itself as superfluous: — superfluous, the consideration — what duration had best be given to an authority which ought not to exist at all. Upon the whole, however, on this anil other accounts together, a few short hints niaj', per- haps, be not altogether without their use. And if, in this case, of any use, they would be of still more use, as applied to the Senate, in the Con- gress of the Anglo-American United States. 2. In the case of the United States Second Chamber, the duration of authority (term of service is the phrase there) is sijo years — three times the duration of it in the First Chamber. In your case, no duration do I find proposed, of any other length than that of each incumbent's life. 3. Evils in tiiis case behold the following: — I. How unapt soever, in any or all respects, a man may prove, — he cannot be got rid of. II. His continuance in authority being thus assured, proportionably in- creased is the quantity of the purchase-money which it ma}- be deemed by the Corruptor-Genend worth his while to give for him. III. For the purpose of receiving the thus maximized quantity of the matter of corruption, a man of commanding talents may make display of them on the popular side, in the original view of being bought; and, immediately on being located, turn to the left about, and station himself on the corruption side, there to be kept, by the force of a benefit, in any shape, resumable at pleasure. IV. The increase, which the love, and possession, of power, give to the strength of the disposition to maleficence, has been already noticed. Maxi- mized will thus be the inclination, in conjunction with the power, to apply the authority to all manner of bad purposes. So much for moral aptitude. 4. If, by the advocates for duration of authority in a Second Chamber longer than what has place in the First Chamber, any endeavour is employed to adduce a reason for it, experience is a word — henejit of cuperience, a phrase — employed in giving expression to it. 5. But, against tais reason, up rise the answers following: — I. If, upon the whole, the thus maximized duration of authority is prepon- derantly beneficial, why not give it to the First Chamber, as well as to the Second? Your declared opinion finds itself contradicted by youi" practice. 6. — II, Whatsoever be the net benefit fi'om this source, it would be greater, if applied to the service of the First Chamber, thim if applied to that oi \\\e Second : greater — in proportion to the superiority of the quantity of the eifective power possessed by the First Chamber, in comparison of that of the Second. 7 — III. In the case of each individual Member, — if, by him — and, through him, by the public — service, net benefit in any shape has been derived from ("o) Ministers of siibrlepartments proposed in tlie Constitutional Code, fho'-p ; — 1 Election Minister. 2. LeL'islation ?ijinisler. 3. Army Minister. 4. Navy Mini'-fer. f). Preventive Service Minister. G. Interior Communication Minister. 7. Indiufent Relief Minister. 8. Edncalion Minister. 9. Domain Minister. 10. Health Minister. 11. Foreign Relation Minister. 12. Trade Minister. 13. Finance Minister. FELLOW-CITIZENS OF FRANCE. 35 this source — in this event, supposing the duration the sliort one given to it in the case of the First Chamber, the electors will, at each fresh election, have it at their option to give continuance to the trust, or put an end to it : thus will they have it in their power to give, to these supposed beneficent qualifi- cations, whatsoever quantity appear to them to be ofijvWuse: whereas, in the case of the long duration, this same duration will this same experience have, how bad soever be the use made of it. 8. — IV. If the duration be /lerri/itari/ as well as for life, as in the case of a Chamber of Peers, — the persons to wliom the experience is given, in this case, will be those, in whose instance the nature of their situation is such, as to leave to them, as hath already been observed, the least quantity possible of inducement to acquire the ajjpropriate experience in question, or to make a good use of it, if acquired ; they liaving, without labour, such a mass of poirer as well as of tlie matter <>/ prosper} t a in other shapes, as, by persons not in that situation is not attainable, but by and in proportion to the quantity of labour actually bestowed. 9. — V. How to combine the minimum of expense with the minimum of the power of abusing it — is a problem, wiiich presents a demand for solution in the case of a single Clianiber, as well as on any greater number of Chambers. For this problem I have found what appears to me a solution, and it is already under the [)ublic eye («). Tlie arrangement [iroposed by it is such as preserves the thread of a measure from being so frequently broken as it is in England under the present practice : and will otherwise be in France, in so far as the initiative, recently given to members of the Chamber as well as to the King, is put to use. 8o nuich for appropriate moral aptitude, appropriate intellectual aptitude, and appropriate active aptitude — altogether, § X. For the Location of the supreme Judicial Authority, sole proper mode, ivliat. 1. Well then, — for the exercise of the supreme judicial authority, the in- aptitude of the Chamber of Peers, and of a Second Chamber in any other shape, being supposed demonstrated by its inaptitude of such Chamber for existence, — what, (it will naturally be asked of me) are the hands, which, for the exercise of that authority, you would recommend as the most i)roper ones ? 2. I answer — General description of them, i/iis — namely, those which — not being those of the supreme legislative authority — are those of an authority, as to the acts of which, assurance of their conformity to the will of the su- preme legislative authority is most entire. 3. Particular description, this — namely, the hands those of a single Judge — located by election in the way of ballot, in and by the Chamber of J)cputics. 4. Next, as to reasons. As far as it goes, the reason, given in and by this general description, will (I hope) be satisfactory', it will not however be sufficient for the guidance of practice, without some arrangements of detail, respecting the proposed singleness of the Judge, the powers recpiisitc to be given to him, and' the securities re(|uibite to be provided against inaptitude in the character and conduct of this high functionary. These arrangements, witli their respective reasons, i)eing given, — it will be the more clearly seen, that any other proposable mode of location is compa- ratively unapt, and ir/ti/ it is so. 5. Extraordinary cases excepted, — in which of necessity the supreme judi- (a) See Constitulioiial Code, Vol. l. Ch. vi, Lkgisi.ation, ^ 'il, Conlinuation Committee, 36 JEREMY BENTHAM TO HIS ci il authority must be exercised by the supreme l?g!s!ature, — supreme judica* tory let there be one, and hat one; — and Ava^ a single-seated one : Judge, sitting in it, but one. 6. Against no allcdged misdccision on his partj not charged to be tnten- thnal, let appeal be made. 7. Against alledgcd misdecision on his part, charged to be intentional and thence criminal, let there be appeal to the Ciiamber of Deputies. 8. Power to the Chamber of Deputies, to apply to the Supreme Judge, if deemed guilty of intentional mis-decision, such punishment as it shall deem meet. 9. Power also to the Chamber of Deputies, to reverse, or in any way vary, the decision of the Judge: — but no otherwise than on condition of declaration made that he has been guilty of intentional mis-decision, and punishment applied to him accordingly. 10. By appeal thus from the Judge to the Chamber, let not execution of the decision complained of be stayed. 11. But, in case of the Judge's being so convicted and punished, let satis- faction, in the shape of compensation, for the wrong done by him, be made to all parties wronged : made, that is to say at the charge of the criminal Judge to the extent of his means ; and, to the extent of any deficiency in such means, let the compensation be made at the charge of the public. 12. Note, that the only sort of wrong, for which in the shape o? compensa- tion adequate satisfoction is not capable of being made to a man, is — that, which consists in the [applying to him, or to some person specially dear to him, the punishment of death. In this one circumstance may be seen a reason ■ — and that of itself a sufficient one, for abrogating altogether that mode of punishment : namely, in the event of its being found injurious, the irresponsi- bility of the injury done by the infliction of it. 13. In the case of the acquittal of a Judge thus charged with intentional mis-decision, power to the Chamber of Deputies — to apply, to the accuser, punishment, in whatsoever shape and quantity it shall deem meet: compensa- tion included, for the wrong done to the wrongfully-accused Judge. 14. No such accusation to be received by the Chambci", unless the accuser has previously delivered himself up to the President of the Chamber: unless, for want of forthcomingness on the part of such accuser, a n)otion for that purpose shall have been made by a member, and acceded to by^the Chamber. 15. The accuser having in this case been interrogated by the Chamber — either the accusation will be dismissed, and the accuser, as above, punished, — or, if it be retained, the Chamber will exact such sccuri'i/ as it shall deem meet, for its continuance on his part to the end of the suit, and for his sub- jection to punishment, in the event of the acquittal of the Judge. 16. So much for arrangements : now for reasons. With the supreme legis- lative authority, the supreme JwUciat, in one case at least, must be united in the same hands. Why '? Ansiccr. Because if it were not, the so-called supreme authorit}" would, in fact, become the supreme legislative : issuing, on e^'ery occasion, decrees and irreversible mandates at pleasure : the legisla- tive authority having, by the supposition, no means of giving execution and effect to its enactments: in a word, — if the supreme judicial authority were not in this waij subject to the supreme legislative, the so-called supreme legis- lative would be subject to the supreme judicial. 17. From the supreme judicial authority, to the supreme legislative, appeal none ; except on the ground of a criminal exercise of the power of the supreme judicial authority. Why > Answer, i. Because, if, without this restric- tion, appeal were made to the supreme legislative, — titis authority would be the supreme judicial likewise: in which case, the time, which — except in the extraordinary and indispensable case in question, should be exclusively cle- FELLOW-CITIZENS OF FRANCE. .>/ voted to the infinitely more important business of legislation, — would, to an iRcalculable amount, be taken Irom that business, and given to the less impor- tant business of judicature. 18. — II. I'ecause the business of judicature would, in this case, be taken from the tribunal the drst ailapted to it, and given to a tribunal the worst adai)teil to it : namely, a multitutlinously-seated one. To such a degree divided, re- sponsibility to public opinion would be anniliilatctl (a). Id. In case of criminality, as above, the supreme Judge is made thus pimishable. Wliy ? jlusn't'r. I. If he wei"e not, he might set up his own authority over the so-called legislative, and thus become nljsoh'lt' : the above-mentioned dcstruc.ive mixture of the legislative and judicial authorit} in the same iiauds being in this case effected. 20. — II. Note, that — under such responsibility on the part of the Judge, exercise made by him, of any act, likely to be deemed criminal by the legis- lature, and as such punished in thfe manner here proposed, — is likely to lie extremely rare : so likely, that its never happening at all is perhaps more likely than its ever happening. 21. — III. This however supposes publicity, of the proceedings car icd on by and before this Judge. For, suiposing tiieni secret, criminality in any shape, on the part of a Judge, beholding no authority over him other than that of the legislation, may be regarded as an ordinary occurrence. So loag as any of the matter of corruption were in existence, — inducement, likely to be adecjuate, could never be wanting. 22. The appellant to the supreme legislative authority against the su])reme JKdicial is subjected to the eventual sufferings above-mentioned, ^^'hy■r' Answer. I. In case of wrong done to him, no other remedy can he have at all : con- seijuently none upon terms less advantageous than these. 23. — II. No limits can be assigned to the sufierings he would stand exposed to by the correspondent wrongs, if he were without this remedy. 24-. — III. If the punishment were not tlias seciu-e, and the means of securing forthcomingness on his part for the jturpose of liis being eventuilly subjected to it thus effectual, — every suitor, who beheld advantage for himself in making appeal, would, as at present, make it : and, when the b.encfit of the delay would pay for the expense, the appeal would be made — even under a certainly ill-of ultimate success in other respects. 25. In case the suj^reme Judge is adjudged guilty, as above, compensation is proposed to be made to any such [jcrsons as by such his guilt have become sufferers. Why? yliimi-cr. Because tliis is what (by tiie snppoition) justice demands: and, without any additional delay or e.vpense, proof will have been made of it, for tlie purpose of his punishment. 26. To the party injured, compensation is proposed to be made at the ex- pense of the criminal .Judge. Why? yliimrer I. Because, as far it goes, the burthen of compensation has the effvjct of punishment: and, in truth, more than the effect of punishment luodiiced juiy other disposal that can be made of the sum in question (l>). 27. — II. Because a determinate fruit being thus indicated as derivable from prosecution, — the invitation h.eld out to a party injured, and to all whom indignation at the thoughts of the injury has disposed to give hiiu .sup.unt, will be the more attractive. {(i) As to thi'; in.iltcr, in llie prnposod Co lo, of \\']\\c\\ Vol 1. and purl of Vol. 11. is in print, .^ec in Vol. 111. wlicn printed, (^ii xii, .h;i)iciAi?:i ), WAR 23 200^ 41 ,4Pn^i^yM.^^..(?k^.!Q!^.'^.!:..yBRARY FACILITY [>.> AA 000 564 384 6 I .„\ ( ^ ^';-v '■:*.V^"l ' : ,.;'.'*i ffll!' mm^ Universil South Ubr