Home

The Works of Jeremy Bentham, published under the Superintendence of his Executor, John Bowring (Edinburgh: William Tait, 1838-1843). 11 vols. Vol. 9.

Author: Jeremy Bentham
Editor: John Bowring

Part of: The Works of Jeremy Bentham, 11 vols.

About Liberty Fund:

Liberty Fund, Inc. is a private, educational foundation established to encourage the study of the ideal of a society of free and responsible individuals.

Copyright information:

The text is in the public domain.

Fair use statement:

This material is put online to further the educational goals of Liberty Fund, Inc. Unless otherwise stated in the Copyright Information section above, this material may be used freely for educational and academic purposes. It may not be used in any way for profit.

BOOK II.

PREFACE

TO THE ORIGINAL EDITION OF BOOK II.

Of the three volumes of which the proposed constitutional code will consist, the first makes thus its appearance by itself, without waiting for the two others.* To their completion, however, very little is now wanting; they are, both of them, in such a state of forwardness, that, were the author to drop into his last sleep while occupied in the tracing of these lines, able hands are not wanting, from which the task of laying the work before the public would receive its completion.

Of the various concurrent causes of the retardation,—one has been—the desire of the author to attach to this first volume an introductory dissertation, having for its subject-matter the various forms of which the supreme authority in a state is susceptible; and for its object, by bringing to view the advantages and disadvantages of each, to exhibit their respective degrees of elgiibility; meaning always by eligibility, conduciveness to the maximum of the aggregate of happiness. Taking, for the source of distinction and partition, the relative numbers of the ruling and influential one or few, on the one part, and the subject-many on the other,—are therein brought to view—in the first place, the three simple forms of government—monarchy, aristocracy, and democracy; in the next place, the several compounds, actual and possible, capable of being formed by their admixture.

For this discussion, matter—in quantity adequate, or little short of it—has, this long time, been in existence: but, as to form, that which presented itself as the best adapted, has not yet been given to it.†

Under these circumstances, it seems to me, that for the chance of giving to the work, at a point of time not likely ever to arrive, the degree of supposed perfection, the phantasmagoric image of which has, like a New Jerusalem, been always in view,—good economy could not now advise the foregoing the advantage of making application of this same matter, to such measures as are already on the carpet, placed thereon by the authority of government itself. On this consideration it is, that this first volume makes its appearance, without waiting for either of the two next.

The political communities, whose benefit this foremost part of my all-comprehensive Code (or say, in one word, of my Pannomion) has had principally in view—these communities have been for the time present, those, more particularly, which have grown out of the wreck of the Spanish monarchy (not to speak as yet of the Portuguese) in the American hemisphere. To time future—whether before the present generation has passed away, or not till a length of time after, and what length, I cannot take upon me to pronounce—was all along referred the applicability of the work to the use of the British empire.

In saying the work, I meant the whole of it, considered as a whole: for, as to parts of it, in no small quantity, if applicable to any one form of government, so are they to every other; and this, without any diminution of the proportions of power at present possessed by the several constituted authorities.

As to this part, and some others, of the fruits of my unremitted labours,—the cause of their thus meeting the public eye in an unmatured state, is this:—what occurs to me at this moment is—that, if so it be, that they afford any promise of being in any way or degree beneficial to mankind,—it behoves me to make the most of the short remainder of my life, for the purpose of causing them to be brought into the world under my own eye. On this consideration accordingly it is, that I have added to this volume a sort of skeleton of the contents of the two others, in the form of a table of the titles, of the chapters and their several sections.

Continuing the preference thus given to real usefulness over appearances, to this volume or a subsequent one, I have or shall have added similar skeletons, of such of the parts of my proposed Pannomion as regard what, in contradistinction to international, may be designated by the appellation of internal law. These are:—1. The Right-conferring, commonly called the Civil, code:—2. The Wrong-repressing, commonly called the Penal, Code: both belonging to what I call the substantive branch of law:—3. The Procedure Code, constituting what I call the adjective branch:‡ growing—the whole of it together,—and in my view of the matter, without need of distinction,—out of those two sub-branches of the substantive branch.

To a student in the art of legislation, it might be a sort of pastime—taking in hand any one of these same skeletons, to guess all along what may be the composition of the flesh and blood—the muscular and vascular system, destined to be attached to it: as, from the protuberances in the cranium, phrenologists undertake to determine the moral and intellectual contents of the cerebrum and cerebellum:—a sort of puzzle, not calling for more labour than does a game of chess, and assuredly standing somewhat above it in the scale of usefulness.

STATE OF [[ ]].

ITS CONSTITUTIONAL CODE.*

CHAPTER I.

TERRITORY OF THIS STATE, NAME, SITUATION, BOUNDARIES, DIVISIONS.

On the above grounds, and others, which will appear presently, the number of stages represented by the denomination Tris-subdistricts, is the number here regarded as the greatest number, for which, in the most extensive state, there can be any use: while, on the other hand, as, for example, in a Swiss Canton, the smallness of the aggregate territory may have the effect of reducing the number of these stages or grades to one, or even rendering any such divisional operation, with its results, altogether needless.

In Ch. xxv. of this proposed Code, the existence is assumed of a demand for a public functionary in every portion of territory, which, according to the above explanation, comes under the denomination of a Bis-subdistrict—a portion of territory resulting from the division of the above-explained portion called Subdistrict, as that does from the division of the portion styled a District, as above explained: both of them susceptible of different denominations, according to the different purposes to which they are respectively made applicable. This same least portion of territory is the portion employed as the seat or station of a sort of functionary, who, in Ch. xxv., will be found designated by the appellation of a Local Headman: a functionary, of whose situation and proposed functions some conception, though very rough, and subject to great amendment, particularly in the way of addition, may be conveyed by the word Maire, in the sense in which it is universally employed in France; the word Mayor, in the sense in which it is in some instances employed in England; and the word Alcalde, in the sense in which it is employed in Spain, and the dominions still or of late belonging to Spain, in America, and elsewhere.

A further, though tacitly made assumption, is—that in each territory belonging to an Immediate Judicatory, (so called in contradistinction to an Appellate Judicatory,) there will be a demand for Local Headmen, (number indetermined, because on the present occasion impossible to be determined,) each with his appropriate territory—constituting his local field of service.

A state of things, which might perhaps come to be found exemplified, is—that, in which, in the instance of this or that territory of an Immediate Judicatory, territory and population considered together, the extent might be so small, that a single Local Headman’s station, having for its limits the same as those of the territory of the judicatory, would be found sufficient. But, by this circumstance, no demand would be produced for any change, in the arrangement, here grounded on the supposition of an indefinite number of Local Headmen’s territories, included in every Immediate Judge’s territory.

Of a demand for a sort of territory of a still inferior grade—of a sort of territory which would come under the denomination of a Tris-subdistrict, the notion may naturally enough be presented in English by the word parish; in the several other European languages, by the several words derived in those languages respectively from the same root: that is to say, the Greek word, which signifies a cluster of neighbouring habitations, and which, in Latin characters is expressed by the word paroecia, or in Greek παϱοιϰὶα. But, supposing the existence of a peremptory demand for a class of territories, of a grade so low as the one expressed by this same word Tris-subdistrict,—no sufficient reason will, it is believed, be found for the allotment of anything more than an extremely limited logical field of action to the corresponding functionary: no reason for any such field of action, comparable in extent to that which will here be seen allotted to the Local Headman in his territory.

Only, as above observed, for simplicity of conception,—has the same division, to wit, twenty, been assumed, on the instance of every stage or grade brought to view. In practice, the diversities incident to magnitude of territory and population considered, together with the ever-variable magnitude of population in each territory,—whatsoever be the state in question, divisions of very different magnitudes, in the several grades or stages compared with one another, will be found requisite; and, by means of all these diversities taken together, the same number of stages or grades will be found applicable to different states, the aggregate portions of which are of the most widely differing magnitudes.

What is plain is—that to no state whatsoever can application be made of this Code, without its finding such state already subjected to some all-comprehensive scheme or other of territorial division, as above explained. But, by no such existing scheme will any naturally insuperable impediment be opposed to the scheme here proposed, in so far as, by the adoption of it, a promise may be thought to be afforded, of any specific and assignable advantageous effects. By separation or aggregation, or both together, the existing portions of territorial divisions, whatsoever they may be, and howsoever denominated, may be made applicable to all the several purposes which will here be seen proposed: and thus may they be made the seats of functionaries, invested with the functions herein respectively defined.

As to the names herein given to the results of the several successive divisional operations, some conception of the peculiar use of them can scarcely fail to have presented itself to view. For, thus it is that the order, of which the numeration-table gives the expression, may be given to any scheme of division established or proposed, which otherwise, by the total want of all indication of the relation between one elementary part and another—in a word, by the perfect arbitrariness of the import of every denomination employed, must impose so heavy and needless a task on the conception and memory of every person, to whose cognizance it comes to be presented.*

To the forming of an adequate idea of the disadvantages attendant on the existing system of denomination for this class of objects, and thence of the advantage producible by the adoption of the here proposed one,—it would be necessary to look over the list of them, as they stand exemplified in some one or more political state: and that of the British dominions, compared and contrasted with those of France, will perhaps be deemed sufficient. In the case of France, as regenerated by the Revolution, simplicity and uniformity will be found observable; natural expressiveness, not: in the case of England, Scotland, and Ireland, natural expressiveness equally wanting; and, instead of simplicity and uniformity, a chaos.†

In France, the whole kingdom, distant dependencies out of the question, is divided into departments; each department, into arrondissements; each arrondissement, into Cantons each Canton, into communes. Of paroisses, (in English, parishes,) no mention is made.

In the here proposed plan of nomenclature, they would be thus denominated:

1. Departments—districts.

2. Arrondissements—subdistricts.

3. Cantons—bis-subdistricts.

4. Communes—tris-subdistricts.

From the example of England, no instruction,—equivalent to the time, space, and labour requisite for the extraction and communication of it,—could be obtained: so great the diversification, so thick the complication and confusion, in which it is involved. If a county be taken as corresponding to district, the number of grades of division is, in some counties, different from what it is in others: and, in two counties in which the number of these stages is the same, the denominations given to the results, are different. See Mr Rickman’s highly instructive preface, prefixed to the Population Returns made to the English House of Commons, and printed.

For different purposes, two schemes of division have place:—the one, called civil or temporal, instituted for the purpose of security against adversaries, internal and external; the other, called ecclesiastical or spiritual, instituted in a dark age by a foreign potentate—foreign with reference to the British Isles—for the purpose of extracting money, on pretence of saving souls.

On the temporal plan, the result of the division, made in the ultimate grade, is called a township, village, or hamlet: in the spiritual, a parish; in some instances, the two results are coincident; in others, not. For a multitude of important purposes, in particular for taxation and registration, the spiritual plan has, in the case of this ultimate result, been adopted into the temporal; and by this adoption, vast and various is the confusion and mischief that has been produced. See Ch. xxvi. Local Registrars.

In a political state, the territory of which, (distant dependencies out of the question,) were not much different from that of France, England, Scotland, or even Ireland,—the result of the ultimate sectional operation might, perhaps, be of a magnitude between that of the French arrondissement, and that of the French commune. With a view to the present purpose, all these integers of territory are put upon a level: for, great as is the difference between the largest of them and the smallest—between France and Scotland—still, it is not (it is believed) so great, as not to be capable of being made up for, by a difference in number; that is to say, by giving, to a country resembling France in magnitude, a greater number—to a country resembling Scotland, a lesser number, of these same atoms of territory, if such they may be called: for atom is from the correspondent Greek word, which means that which is not susceptible of ulterior division, or at least has not been subjected to it.

Note here as to economy, and the effect produced in relation to it, by the number of grades of territorial divisions. On one account, the greater this number, the greater the aggregate mass of expense: on another account, the greater this same number, the less the mass of expense. The circumstance by which the increase is effected in the expense is this—that, by each grade of divisional operation, are produced a set of sub-territories, each of them with a set of officers and official residences to be provided for. The circumstance by which diminution is effected in the expense is—that in proportion to the increase in the number of those same sets of officers, and official residences, is the diminution in the magnitude of each such sub-territory: and thence, (supposing them rendered as equal as may be in magnitude,) the less is their magnitude, and the less the journeys which those inhabitants whose habitations are at the greatest distance from the seat of business—the official residence—will have to make in passing to and from it, with the intervening demurrage. Too apt to be overlooked, but not the less real and important, is this latter item of expense. In the case of the vast majority, expense in time is expense in money. The expense in officers’ pay and official residences is borne proportionably by the opulent few and the unopulent many: the expense in time employed, as above, in journeys, is borne almost exclusively by the unopulent many: by those to whom their time affords no profit, no loss is sustained from the unprofitable expenditure of it.

CHAPTER II.

ENDS AND MEANS.

Ratiocinative. Enactive. Instructional.

Art. 16. Rules for maximization of appropriate moral aptitude.

Rule I. The sovereign power give to those, whose interest it is that happiness be maximized.

Rule II. Of the possessors of subordinate power, maximize the responsibility—namely, as towards the aforesaid possessors of the sovereign power.

Note that, only by expectation of eventual evil (punishment included) can responsibility be established: neither by expectation of eventual good, nor by the possession of good (reward included) can it be established.*

Ratiocinative. Enactive. Instructional.

Art. 17. For official aptitude, cognitional, judicial, and active, joined to minimization of expense, principles employed are three.

Principle I. Probation, or say public-examination principle.

SOVEREIGNTY, IN WHOM.*

Enactive.

Art. 1. The sovereignty is in the people. It is reserved by and to them. It is exercised by the exercise of the Constitutive authority, as per Ch. iv.

CHAPTER IV.

AUTHORITIES.

Enactive.

Art. 1. The Authorities which have place in this State are these:—

1. The Constitutive.
2. The Legislative.
3. The Administrative.
4. The Judiciary.

CONSTITUTIVE AUTHORITY.*

Section I.

Constitutive what—in whom.

Expositive.

Art. 1. The constitutive authority is that, by which at all times the holders of the several other authorities in this state, are what they are: by it, immediately or interventionally, they have been in such their situations located, and therefrom are eventually dislocable.

Enactive.

Art. 2. The Constitutive authority is in the whole body of Electors belonging to this state: that is to say, in the whole body of the inhabitants, who, on the several days respectively appointed for the several Elections, and the operations thereunto preparatory, are resident on the territory of the state, deduction made of certain classes. Mode of exercise, as per Election Code: as to which, see Ch. vi. Legislature. Section 4 to 13.

Enactive.

Art. 3. Classes thus deducted, are—1. Females; 2. Males, non-adult: that is to say, who have not attained the age of [21] years. 3. Non-readers: that is to say, those who have not, as per Ch. vi. Legislature, section 5, Electors who, by reading, given proof of appropriate aptitude. 4. Passengers.

Section II.

Powers.

Enactive.

Art. 1. Subordinate to the Constitutive authority, as per section 1, are all other authorities, and thereby all other public functionaries belonging to the state.

Those whom it cannot dislocate in an immediate, it can in an unimmediate or say interventional way; to wit, by dislocating those who, having the power, have failed to dislocate them, in conformity to its sufficiently understood desire.

Enactive. Expositive.

Art. 2. Exercisible by the Constitutive, in relation to them respectively, are the several functions following, with the power therein essentially included. These are—

I. Locative function: exercised by locating, in the official situation in question, the individual in question.

II. Dislocative function: exercised by dislocating, out of the situation in question, the functionary therein located.

III. Punifactive function: exercised by putting, at the time of dislocation, in a way to be punished, but by a different authority, the functionary so dislocated.

Enactive.

Art. 3. I. Locative function. Functionaries, in relation to whom this function is exercised by the members of the Constitutive authority, are as follows—

I. Their Deputies, deputed by them to the legislature, to act as Members of the Supreme Legislature, styled collectively the Legislature. In relation to all these, this power is exercised by the members of the whole Constitutive body, as divided into the bodies belonging to the several Election Districts; in each District, the Members of the Constitutive electing for that District a member of the Legislature.*

Enactive.

Art. 4. II. The members of the several Sub-Legislatures. In relation to each sub-legislative body, this power is exercised by the members of the Constitutive body, belonging to its District, as divided into the bodies belonging to the several Subdistricts therein contained; the body belonging to each such Subdistrict electing a member of the Sub-legislature.

Enactive.

Art. 5. II. Dislocative function. Functionaries, in relation to whom this function may upon occasion be exercised, are the following:

1. The several Members of the Legislature.

2. The Prime Minister.

3. The several Ministers belonging to the Administrative Department: as per Ch. ix. Section 2.

4. The Justice Minister.

5. In each Judicatory, Appellate as well as Immediate, the Judge and the several other Magisterial functionaries, as per Ch. xii. Judiciary collectively. Section 3, Judiciary functionaries.

6. In every such situation, as above, every Depute.

7. The several Local Headmen and Local Registrars.

8. The several Members of the several Sub-legislative bodies.

Enactive.

Art. 6. Exercisible, upon occasion, in like manner, by the Constitutive authority belonging to each District, is the dislocative function, in relation to the several functionaries following—

1. The several Members of the Legislative body belonging to that same District.

2. The several District Prime Ministers, or say Premiers, serving under the several Sub-legislatures.

3. The several District Ministers, serving under the several Sub-legislatures and their several District Prime Ministers.

Section III.

Powers exercised, how.

Enactive.

Art. 1. I. Locative function. Exercised, in relation to the several members of the Legislative body, is the locative function of the Constitutive, in the several Election Districts and Subdistricts, in the Election Code, as per Ch. vi. Legislature, Section 4 to 13.

Enactive.

Art. 2. Exercised is this same function, in relation to the several members of the several Sub-legislative bodies,—in the same manner as there delineated, with reference to the several members of the Legislature.

Enactive. Instructional.

Art. 3. In each Subdistrict, immediately after he has voted for a Deputy to act as a member of the Legislature for the District, each member of the Constitutive body will, at the same place, and in the same manner, vote for another Deputy to act as a member of the Sub-legislature of that same District. The arrangements of detail,—necessary to adapt, upon the same principles, the mode of ascertaining the election of a member of the Legislature, to the case of a member of a Sub-legislature,—are, upon the face of the Election Code, obvious: they will be settled in terminis by the Legislature.

Enactive.

Art. 4. II. Dislocative function, 1.—How exercised by the entire Constitutive.

On the receipt of a requisition, signed by (one fourth?) of the whole number of the Electors of any Election District, requiring the dislocation of any functionary in section 2, Powers, Art. 5, the hereinafter-mentioned Election Minister will appoint a day or days, as near as may be,—on which, in the several Districts, the Electors shall meet at the several Voting Offices of the several Subdistricts therein respectively contained, in the same manner as on the occasion of an Election. The Voting Cards of those who are for the proposed dislocation, will, on the concealed surface, as per Ch. vi. Legislature, Section 8, Election apparatus, Art. 4, bear the words “Dislocate him:” of those who are against the proposed dislocation, the words “Retain him.” In each District, the votation finished, the Voting-box will, by the Vote Clerk, be forthwith transmitted to the Election Minister’s Office. By the Election Minister, as soon as all are received, or the time for receiving them is elapsed, they will, in concert with the Legislation Minister, be opened in the Legislation Chamber, at the next sitting of the Legislature. The numbers will thereupon be immediately cast up, and the result declared. In case of dislocation, the vacancy produced on this extraordinary occasion will thereupon be forthwith filled up, in the same manner as on any ordinary one.

Enactive.

Art. 5. 2.—How by the Constitutive of a District.

Art. 2. Of the following members may this Judicatory be considered as being composed.

1. All individuals of whom the Constitutive body of this state is composed.

2. All those classes which, under Section 1. Art. 3., stand excluded from all participation in such supreme power.

3. Of all other political communities, all such members, to whom it happens to take cognizance of the question, whatever it may be.

Enactive. Expositive.

Art. 3. Of this Judicatory, different classes or assemblages of persons may be considered as constituting so many Committees or Subcommittees. Examples are as follows—

1. The auditory, at the several sittings of the Supreme Legislature.

2. The auditory, at the several sittings of the several Sub-legislatures.

3. The auditory, at the several sittings of the several Judicatories. See Ch. xii. Judiciary Collectively, Section 2, Actors in the judicial theatre.

4. Persons having business with the several functionaries belonging to the Administrative department; such business excepted as, for special reasons, shall by law have been consigned to temporary secrecy.

5. At meetings, publicly held for the consideration of any political question, the several individuals present.

6. The auditory, at any dramatic entertainment, at which objects of a political or moral nature are brought upon the stage.

7. All persons taking for the subject of their speeches, writings, or reflections, any act or discourse of any public functionary, or body of public functionaries, belonging to this state.

Instructional.

Art. 4. Public Opinion may be considered as a system of law, emanating from the body of the people. If there be no individually assignable form of words in and by which it stands expressed, it is but upon a par in this particular with that rule of action which, emanating as it does from lawyers, official and professional, and not sanctioned by the Legislative authority, otherwise than by tacit sufferance, is in England designated by the appellation of Common Law. To the pernicious exercise of the power of government, it is the only check; to the beneficial, an indispensable supplement. Able rulers lead it; prudent rulers lead or follow it; foolish rulers disregard it. Even at the present stage in the career of civilisation, its dictates coincide, on most points, with those of the greatest-happiness principle; on some, however, it still deviates from them: but, as its deviations have all along been less and less numerous, and less wide, sooner or later they will cease to be discernible; aberration will vanish, coincidence will be complete.

Section V.

Public-Opinion Tribunal.

Functions.

Enactive. Expositive.

Art. 1. To the several members of the Public-Opinion Tribunal, as such, belong the distinguishable functions following; namely—

II. For examples of want of completeness as to matter, see any of the lists of exceptions in this Code, and suppose any one of those same exceptions omitted.

III. For examples of want of completeness as to form, in any one of the lists of examples, suppose this or that example not inserted.

IV. As to form. Want of clearness: to wit, in such or such a clause or assemblage of clauses; as to the effect, obscurity or ambiguity: as to the cause, that is to say the words,—redundancy, deficiency, inappositeness, or miscollocation.

V. As to matter or form, want of completeness: this or that case, as supposed, not being provided for: because, as supposed, not contemplated.

VI. In the Adjective Code in particular,—or say the Procedure Code; on the part of this or that arrangement, want of conduciveness to the general end: to wit, by reason of want of conduciveness to this or that one of the ends of justice, direct and collateral: the direct end, being the giving execution and effect to the correspondent portion of the Substantive Code; the collateral end, the keeping the practice clear of needless delay, vexation and expense—evils correspondent and opposite to so many specific collateral ends of justice.

Note, that in speaking of ends, instead of one, the number of direct ends may be stated as being two: in which case the opposite evils will be misdecision and non-decision: for by non-decision may be produced the effect of misdecision: to wit, in disfavour of the pursuer’s side.

Enactive.

Art. 7. When a supposed amendment, as above, is suggested, the two forms, in either of which, for the preservation of symmetry, it may be expressed, may be seen in Ch. vi. Legislature, Section 29, Members’ Motions: Of the non-preservation of symmetry, the consequences may be seen in Ch. xi. Section 2, Legislation Minister.

Instructional.

Art. 8. In support of his amendment, the proposer will do well to subjoin, under the following heads, concise indications of the reasons, by the consideration of which, he was induced to propose it. These will be—

I. Evil effects, regarded as flowing from the law as it stands: or,

II. Good effects expected to result from the proposed amendment, if adopted.

Instructional.

Art. 5. In the case of a federal Government, here may be the place for appropriate alteration. The Sub-legislatures would be the Legislatures of the several states.

Section IV. Seats and Districts. See Election Code, section 1.*

Section V. Electors who. See Election Code, section 2.

Section VI. Eligible who. See Election Code, section 3, and below, section 25, Relocable who.

Section VII. Election Offices. See Election Code, section 4.

Section VIII. Election Apparatus. See Election Code, section 5.

Section IX. Recommendation of proposed Members—how promulgated. See Election Code, section 6.

Section X. Voters’ Titles, how pre-established. See Election Code, section 7.

Section XI. Election, how. See Election Code, section 8.

Section XII. Election Districts and Voting Districts, how marked out. See Election Code, section 9.

Section XIII. Vote-making Habitations, how defined. See Election Code, section 10.

Section XIV. Term of Service. See Election Code, section 11, Members’ Continuance; and in this Ch. section 22, Term of Service—Continuation.

Section XV. Vacancies, how supplied. See Election Code, section 12.

Section XVI. Security of the Assembly against Disturbance by Members. See Election Code, section 13.

Section XVII. Indisposition of Presidents, how obviated. See Election Code, section 14.

Instructional.

Art. 25. Non-attendance is not the only cause of frustration and retardation in the provision for public exigencies. Another is the want of a supply for the involuntary deficiency created by death or sickness. For remedy, see section 23, Self-suppletive function. A third may be seen in the improvidence, or sinister providence, by which each successive Legislature is deprived of the benefit of all former work, commenced and left unfinished by its predecessor. For remedy, see section 24, Continuation Committee.

Section. XXI.

Sittings public and secret.

Enactive.

Art. 4. By the Legislation Minister will be kept a set of blank Substitution Instruments. On each occasion, one of these instruments, filled up and signed by the Deputy, and signed by the Substitute, is, on his entrance into the Assembly Chamber, delivered by him to the Door-keeper: as to whom, see section 20, Attendance and Remuneration, &c.

Enactive.

Art. 5. To provide against casual inability on the part of the Deputy, as to the locating a Substitute in time for the occasion,—every Deputy, previously to his taking his seat in the Assembly Chamber, lodges, in the office of the Legislation Minister, a Substitution instrument, in favour of some person appointed to act as his permanent Substitute; the instrument being filled up and signed by himself, and signed by the substitute, who thereby engages to keep himself within reach, in readiness to attend on requisition. But, to such permanent Substitute may, on each occasion, as above, be substituted an occasional Substitute.

Enactive.

Art. 6. On timely information received, that on the then next, or any succeeding sitting day, the Deputy in question will certainly or probably not be able to pay attendance,—the Legislation Minister will cause to be summoned the above-mentioned Substitute: or the information may be given to the Substitute immediately, with or without its being given to the Legislation Minister: if dated and signed by the person giving it, it may be given either by the Deputy himself or by any other member of the Legislature, or by any other person sufficiently known to the Deputy.

Ratiocinative.

Art. 7. Question 1. Why thus make provision of a substitute to each deputy?

Ratiocinative.

Art. 23. X. Positive good effects that afford a promise of being produced by this arrangement are as follows:—

Art. 5. Question 1. Why make provision for the continuation of proceedings, which, having been commenced under one Legislature, would otherwise have been dropped, for want of being continued under the next?

Ratiocinative.

Art. 15. II. Though, for the year during which they serve as Deputies with votes, they will have been chosen by their proper Constituents,—they will not have been chosen, by those same or any other Electors, for any one of the succeeding years, during which the need of their services, in the character of Continuation Committee-men, may come to have place.

Ratiocinative.

Art. 16. III. For as much as, to the purpose in question, it may be necessary that the number of them should not be fixed,—the consequence is—that if they had votes, the power of keeping the number of the Members of the Legislature in continued fluctuation would be, in case of such non-fixation, possessed by whatsoever authority they were located by.

Ratiocinative.

Art. 17. IV. Supposing, as above, the right of voting not imparted to them,—they may, without difficulty or ground of objection, be located by their own colleagues, who, on this supposition, are, as will be seen, their only apt locators.

Ratiocinative.

Art. 18. Question 3. Why thus give to their colleagues the location of these functionaries?

Art. 12. In conclusion, where for each situation, there are not at least two candidates, standing upon tolerably equal ground, all appearance of choice is, in a greater or less degree, illusory.

Instructional.

Art. 13. The contrivance has for its model that of the Juggler. Holding up a pack of cards, with the faces to the company,—“Young gentleman,” (says he to one of them) “fix upon which you please;” care being all the while taken that one and one alone shall be in such sort visible, as to give determination to choice.

Ratiocinative.

Art. 14. Question 1. Why, during the time proposed, or for so much as any one session, exclude all persons who have served as Deputies, from serving again?

Ratiocinative.

Art. 37. Question 3. Why not render the non-relocability perpetual?

Answer. Reason. That, for the choice of the Electors of each District, there may be, in a state capable of being, and not unlikely to be, competitors with each other, two persons at least,—of whose comparative appropriate aptitude in future, as to the situation in question, the Electors have had the means of judging, from observations made of their respective degrees of appropriate aptitude, in and for that same situation, as therein already manifested; which men may accordingly, relation had to that same situation, be termed tried men: and, in respect of the interest which the observers have had in the accuracy of the observation, the conduct of their Deputies being thus the concern of the Electors,—the Electors may thus, in the words of the common phrase, be said to have had experience of it. Suppose the relocability to have place from the first,—they would, as above, (vacancies by death, resignation, or the extremely rare case of dislocation excepted,) seldom have any to choose out of but the original stock; in which case, the Election process would be of little or no use: suppose no relocability to have place at any time, they would have no tried men—in the above sense of the word tried—to choose out of.

Instructional.

Art. 38. In the instance of each Deputy, after one year of service in that situation, for how many years shall his non-relocability therein continue? The choice seems to be between two years and three years. The country not being a given quantity, materials constituting a sufficient ground for a decisive answer, are not, it should seem, to be found. The following considerations will present to view the difficulty, and at the same time a circumstance which lessens it.

Instructional.

Art. 39. Make the interval of non-relocability too long, the danger is—1. That the chance or even the assurance, of repossessing the situation, will not be sufficiently attractive: the minds of those who would otherwise have been competitors, will have been turned off to other pursuits; 2. Moreover, the State will for so long have remained debarred from the benefit looked for, from the giving to the electors the choice as between men called tried men, as above. Note, however, that, supposing no failure in the number of these peculiarly apt competitors,—this effect extends not beyond the preparation period:—the first year, reckoning from the day of the adoption of the Constitution here proposed.

Instructional.

Art. 40. As to the circumstances, by which the difficulty is lessened, it consists in the multitude of situations which, in the instance of each such temporarily dislocated Deputy, will, under this Constitution, be open to his desires.

Instructional.

Art. 41. 1. In this one supreme legislature, there will be seen, as per Ch. v. Constitutive, section 2, Powers, a multitude of Sub-legislatures, exercising, each of them, though to less local extent, most of the functions of that one. In the Supreme Legislature suppose, by the Deputy in question, no more than a moderate share of appropriate aptitude manifested, and that for no more than one year—such manifestation made in such a place, cannot but be expected by him, and with reason, to operate as a powerful recommendation: particularly, that body of appropriate information considered, which, even though no outward manifestation of his having received it shall have happened to be given, cannot fail to have presented itself to his notice.

2. Ministerial situations, immediately under the Supreme Legislature, and thence under the Prime Minister. True it is—that, in these, the openings will be so few,—and the qualifications which will be found necessary, so rare,—that the number, by whom, for the present purpose, their situations can be looked to as a resource, will be proportionably small. Though the number of those same situations is thirteen,—whether for the filling them so large a number of persons will be necessary, will depend on local circumstances: and, in these same situations, instead of temporary non-relocability, the nature of the case will be seen to require perpetual continuance, saving special causes of dislocation. As to these Ministers, see Ch. xi. Ministers severally.

3. Under each Sub-legislature, a set of Sub-ministerial situations, wanting little of being equal in number to the above-mentioned Ministerial ones.

Objections.

1. By the non-relocability system, temporary as it is, freedom of choice is, for the time taken away.

2. To every irreproachable Member, dislocation from his situation—dislocation, and for so long a term, and without so much as any imputation of misbehaviour, will be productive of suffering, and that unmerited.

3. Power, so small in respect of its duration, no person, endowed with adequate appropriate aptitude in all its several branches, would vouchsafe to accept.

II.

Answers.

1. Of no use is freedom of choice, otherwise than as a security for appropriate aptitude on the part of the object of the choice. But, until the proposed term of non-relocability is expired, freedom of choice is not, (it has been shown,) conducive in any degree to the location of appropriate aptitude: it is, on the contrary, in a high degree conducive to the location of inaptitude; of inaptitude, as to every branch of appropriate aptitude. When the non-re-locability ceases to operate as a bar to aptitude, it is here removed.

2. Productive of suffering? Yes, if unexpected, and thence he unprepared for it: to wit, pain of disappointment. But, every one being completely prepared for it, no such suffering can have place. As his location cannot be effected without his own consent,—if upon the whole the enjoyment were not expected by him to be preponderant over all suffering, he could not be in the situation in which, by the supposition, he is.

3. Yes: persons in abundance. Even supposing the situation of Member of the Legislature led to nothing else, instances of situations which, though much less desirable, are objects of extensive competition, may be seen in every state. But, over and above the facility for obtaining, at the hands of Ministers, desirable situations for his friends, an advantage, the complete prevention of which, how desirable soever, is impossible, is—that the seat in the Legislature is a stepping-stone into divers other seats: to wit, 1. In the Continuation-Committee; 2. In the next Sub-legislature; 3. At the expiration of the non-relocability term, a seat in the Legislature, and thence again into a Continuation-committee.

Instructional. Ratiocinative.

Art. 53. Comparative view of the undiscontinued locability and the temporary non-relocability system. Upon the whole, as between the temporary non-relocability system, coupled with the Continuation-Committee Institution on the one part, and the undiscontinued relocability system on the other, the points of comparison may be summed up as follows:—

I.

Temporary non-relocability and Continuation-Committee System.

1. By the prospect of a situation in the Committee,—it secures, on the part of all apt Members, together with the desire of that situation, prospect of competition; thence exertion, and by exertion, maximization of appropriate aptitude in all its branches.

2. The term of non-relocability expired, it secures, in a number proportioned to the length of the term, tried men, out of whom, on the election of Members of the Legislature, the Electors will have their choice: and at the same time opens the door to men as yet untried, who, under the other system, would have regarded it as shut.

3. It keeps on foot a select body of appropriate political watchmen without doors, engaged by interest in their quality of leading Members of the Public-Opinion Tribunal, to keep watch on the conduct of their rivals and future competitors—the Members of the Legislature in the several years.

4. It secures for the Sub-legislatures a supply of appropriate aptitude, such as they could not, by any other means, be provided with.

5. It thereby affords to the Legislature a probable supply, more or less extensive, of functionaries, who, to the stock of national knowledge and judgment, acquired in the Legislature, have added a stock of local knowledge and judgment, acquired in Sublegislatures.

II.

Undiscontinued re-locability System.

1. No such prospect, no such motive for exertion: for the being re-elected, the negative merit of not having given offence to individuals will, on the part of a great majority, suffice.

2. On no occasion, unless by accident, and that not likely to be frequent, does it admit of the non-relocation of the person once elected, howsoever unapt: nor accordingly does it lay open the choice.

3. It provides no such security for appropriate aptitude, in any shape, on the part of the Members of the Legislature.

4. It affords no such supply.

5. No such supply.*

Ratiocinative.

Art. 54. Question 1. Why, to the security provided in section 20, Attendance and Remuneration, for each day’s attendance, by forfeiture of that day’s pay, add the further securities in this present section provided?

Answer. Reasons. Against non-attendance on particular days, not only the mere loss of those days’ pay, but even the utmost penal security applicable in a pecuniary shape, would necessarily be insufficient: inadequate would be not only the mere withdrawal of remuneration, but any positive fixed mulct that could be applied. To men of a certain elevation in the scale of opulence, a pecuniary punishment that might generally even appear excessive, would even operate as a licence: to some even as an object of mockery. In this case, therefore, as in every other for securing compliance, no instrument other than punishment, in such amount as to be sure of operating in that character, and in such sort as to outweigh the utmost profit by the offence, could have been sufficient. Applied to the Principal alone, or the Substitute alone, even this sort of security could not be sufficient: by allegations, the falsity of which could not be sufficiently made manifest, either would be able to shift off the blame from himself, and fasten it either upon the other, or upon accident.

Ratiocinative.

Art. 55. Question 2. Intending to provide additional securities so much more efficient, and of themselves so sufficient, why commence with a security, the effect of which is thus precarious?

Answer. Reasons. I. As far as it goes, pecuniary punishment, in this mildest of all forms, is the most secure of execution that the nature of the case admits of; and, to a considerable extent, efficiency would not be wanting to it.

II. In the case of the several subordinate situations, it appeared indispensable: and to have withholden the application of it to this, would have been contributing to the propagation of mischievous delusion, by attributing to all men, to whom it shall have happened to be located in this situation, a needless and delusive character of peculiar dignity, independent of good desert.

Section XXVI.

Wrongful exclusion obviated.

Art. 17. Though in no case for the exclusion of deception,—yet in all cases for the exclusion of delay, vexation, and expense, where preponderant over the evil of definite misjudication or non-judication, does the Procedure Code, connected with this present Code, interdict the extraction of evidence. To the extraction of evidence for a Legislative purpose, the limit, thus applied to the extraction of it for a judicial purpose, will not of necessity apply. For, by the choice which the Legislator has of places, times, and hands,—delay to the public service, and vexation and expense to individuals, may, on each occasion, be minimized. On the other hand, to the evil producible by misjudication or non-judication, there are limits, (and, by the authority of the Legislature, those limits are rendered narrow ones,) to the evil producible by mislegislation or non-legislation, none.

Expositive. Instructional.

Art. 18. Clearness, correctness, impartiality, all-comprehensiveness, non-redundance—thence instructiveness and non-deceptiveness—under one or other of these heads may be placed, it is supposed, whatsoever properties are desirable in the entire of a body of evidence elicited to form a ground for a proposed measure: clearness, that is to say, exemptness, as well from ambiguity as from obscurity: impartiality, that is to say, comprehensiveness, or say exemption from deficiency, as well as from incorrectness, in so far as those imperfections would respectively be productive of undue assistance to either side; all-comprehensiveness, for the sake of sufficiency of information and avoidance of deceptiousness, on the part of the effect: to wit, the effect produced on men’s judgments by the whole body of the evidence: non-redundance, for the sake of clearness, and for saving of useless delay, vexation and expense, on the part of all persons interested.

Instructional. Ratiocinative.

Instructional. Expositive.

Art. 39. Legislation Inquiry Report, or, for shortness, say Legislation Report. Methodization, condensation, application,—by these terms may denomination be given to functions, by the exercise of which, after completion given to the exercise of the Elicitation function, an instrument of the sort thus denominated is framed: methodization, that is to say, placing one after another, in the order best adapted to correctness, completeness, and clearness of conception, the facts respectively sought in the character of conclusions from the aggregate body of the evidentiary matter elicited: and, in relation to each such conclusion, the propositions expressive of the evidentiary facts, or assemblages of evidentiary facts, regarded as constituting respectively a ground for these several conclusions: condensation, that is to say, collecting and expressing, by one general proposition, the propositions respectively expressive of a group of relatively particular facts: application, that is to say, pointing out in what manner the above-mentioned propositions, general and particular, contribute to the affording of the information sought by the whole inquiry.

A Report is the appellation by which, in English practice, a written instrument, occupied in the exercise of these functions is denominated. In the present instance, a Report thus occupied, may be termed, as above, a Legislation Inquiry Report, or, for shortness, a Legislation Report.

Instructional.

Art. 40. The need of consistency and symmetry considered,—seldom can such a Report be aptly penned, unless in the original concoction of it, it has been the work of no more than a single hand. Such, accordingly, is commonly the English practice. But, on any occasion, when once the instrument has been framed by some single hand, others in any number may be occupied with advantage in the making or proposing of amendments. And, on the supposition of a case, in which, between two or more portions, of the subject-matter of an inquiry made for a given single purpose, no other connexion has place,—for despatch or alleviation of labour, the drawing up of the Report may, of course, without prejudice to the design, be committed to that same number of different hands.

Instructional. Expositive.

Art. 41. Under this head, not inconsiderable is the light derivable, by any other nation from English practice.

Regularity elicited, and occasionally, or say, incidentally elicited, or about to be elicited,—to one or other of these heads may be referred whatsoever mass of evidence, applicable to Legislative purposes, is employable at any given point of time: regularly elicited, those masses which are furnished by the occurrences and state of things registered of course in the several offices: occasionally elicited, those which, for the purpose of some particular Legislative measure, have from time to time been respectively elicited, by the act of so many Elicitation Judicatories, on the several occasions constituted.

Instructional. Exemplificational.

Art. 42. In English practice, locators, on this occasion, have been each one of the three branches of the Sovereign authority—King, Lords, and Commons: such is the order in which the three authorities are, in general, mentioned. But, on the present occasion, it requires to be reversed. Authority the most frequently thus exercised, that of the House of Commons: next most frequently, that of the House of Lords: lastly, that of the monarch.

Instructional. Ratiocinative.

Art. 43. First, as to the House of Commons: and, in this case, first as to the quality of the particular object endeavoured at: next, as to the mode in which the endeavour is carried on.

As to the quality of the object in view, it may reasonably be regarded, for the most part, as being beneficial. For, the whole compages of government having been and being in so large a proportion still composed of the rubbish of the dark ages, and thence so palpably ill adapted to its professed end—the maximization of public happiness,—need of reform and improvement has always been, and continues to be, visible throughout the whole texture of it. But seldom, if ever, otherwise than with the help of an inquiry of this sort, can any adequate ground for any considerable reform or improvement be, on any occasion, made.

Instructional. Exemplificational.

Art. 44. Next, as to the mode of carrying on the inquiry. This is still more uniformly well-adapted to the purpose, whatever it be, than the purpose itself is beneficial. Properties desirable in a mass of evidence, for whichever purpose, judicial or legislative, elicited—appositeness, clearness, correctness, impartiality, all-comprehensiveness, non-redundance—thence instructiveness and non-deceptiveness: these are the properties with which the rules here laid down aim at investing all such masses of evidence, as shall have been elicited in conformity to them: these same are the rules which, with such exceptions as will be mentioned, appear to have been conformed to as far as powers sufficed, in and by the mode in use in the House of Commons.

Instructional.

Art. 45. In the way of contrast, the usefulness of these rules may be seen receiving additional illustration and confirmation, from a comparison with rules, devised and employed in this same process, by the Judicial Establishment: of these rules, an exposition in detail may be seen in a work on Evidence, by the Author of this Code.

Instructional.

Art. 46. Of this contrast, the efficient cause will not be found exposed to doubt: it will be seen in the difference between the interests which have been in operation in the two different situations. On the sort of occasion in question, the interest of the House of Commons, including that of its Elicitation Committees, has, generally speaking, been in alliance with that of the great majority of the people: and, on this same occasion, by no other means could they have given support to that common interest, so effectually, as by pursuing rules, conducive to appropriate instruction, as above: while, by no set of rules, subservient to deception and misinstruction, could they have given equal support to that same rightly directed and directing interest.

Art. 56. One feature familiar to, if not constant in, English practice, requires here to be laid open to view. It belongs to the form of the Reports: it consists in the suppression of the interrogatories, by which the responses have been elicited; and, still more frequently of the names of the several Interrogators. Of this suppression, so far as regards the interrogatories, a natural and not unfrequent consequence is—obscurity or misconceivedness; so far as regards the power-clad Interrogator,—consequence and final cause, subtraction of his conduct from that scrutiny of the Public-Opinion Tribunal to which he has been subjecting the Interrogatee. The practice may be set down among the natural fruits of aristocratical oppression: presumptive evidence of intentional abuse of power on the part of as many as give into it.

Section XXVIII.

Legislation Penal Judicatory.

Enactive. Instructional.

Art. 1. To any of the following chief functionaries should misconduct be imputed, for the punishment of which, dislocation, with extra publicity, shall not be deemed sufficient,—it rests with the Legislature to form an occasional Special Judicatory for the trial of them.

Functionaries thus triable are—

I. Any Member of the then present Legislature.

II. Any Member of any anterior Legislature.

III. The Prime Minister of the then pressent, or any preceding time.

Art. 8. In case of need, should it happen to the Legislature to find its time wasted by ill-considered motions, it will, for remedy, instead of one such preliminary adopter, require two or more.

Instructional. Ratiocinative.

Art. 9. To obviate, however, the voluminousness and confusion, liable to ensue, from laws made, at different times, on the motion of different persons,—on principles in respect of form as well as matter, disparate or adverse,—a Member, antecedently to any motion tending to the enactment of a new ordinance, will do well to consider, to the province of which of the several Ministers, if any, the matter belongs: thereupon, to communicate on the subject with such Minister or Ministers,—and, in so far as they and he agree, to consult with the Legislation Minister as to the bearings of the proposed ordinance on those already in existence, and thence, as to the form in which, on its introduction, the proposed ordinance may most conveniently stand expressed: and, in particular, whether in the independent and non-emendative form, as per Art. 1, or in the emendative: and, if in the emendative, whether in the directive, or in the reeditive, as per Art. 3, 4, 5, 6.

Instructional.

Art. 10. If, to any such Minister, such communication shall have been omitted to be made,—reasons for the omission will be expected to be given: so, in case of non-concurrence on the Minister’s part, reasons for and against such non-concurrence. No such Minister is bound to concur in any such motion: but to him the mover is expected to communicate it; he, to receive it and to attend to it: and so throughout its progress, until it is either adopted or rejected.

Section XXX.

Dislocable how.

Enactive.

From the situation of Member of the Legislative Assembly, causes of dislocatedness are these—

1. Resignation.

2. Acceptance, of any other office belonging to the Official Establishment of this State.

3. Acceptance, of any office belonging to the Official Establishment of any Foreign State.

4. Acceptance, of factitious honour or dignity, in any shape, at the hands of any Foreign Government.

5. Mental derangement.

6. Disturbance, of Legislative proceedings, as per section 16, Security for the Assembly against disturbance, &c.

7. Criminal delinquency, pronounced by the sentence of a Judiciary, located for this purpose by the Legislature, as per section 28, Legislation Penal Judicatory.

8. Dislocation, by his constituents, in virtue of their incidental dislocative, as per Ch. v. Constitutive. Section 2, Powers.

Section XXXI.

Securities for appropriate aptitude.

Instructional.

Art. 1. The assemblage of securities, here proposed with reference to the highest department, the Legislature, forms the commencement of an all-pervading system of the like securities, covering the whole field of the Official establishment, and applying to all public functionaries in every department and subdepartment. The same endeavour will accordingly be seen successively applying itself to the situation of Prime Minister,—to the situations of the several Ministers,—to the several Sub-legislatures, their Members, and Subordinates,—and with more especial solicitude to that of the several Members of the Judiciary establishment; and lastly to the bis-subdepartment occupied by the Local Headmen and Local Registrars, whose logical fields of service, in their respective smallest local fields of action, lie in subordination to the directing functionaries of the Administrative and Judiciary departments; and are composed accordingly of portions of the logical fields of service of both.

Art. 13. Neither to the public service is it in the nature of the precautions in question to be hurtful; nor yet so much as to the reputation or the feelings of the individuals to whom they apply.

Art. 42. I. For appropriate aptitude in all its branches taken together—

1. Locators, those whose interest it is that the happiness of the greatest number be maximized: as per Ch. ii. Ends and Means: Ch. iii. Sovereignty, in whom: Ch. vi. section 4 to 13 inclusive: condition and number of the locating Electors.

2. General responsibility, as per section 2, Responsibility.

3. Shortness of term of service in each Elector: namely, no more than one year, as per section 14, with the accidental addition of the fragment of another, as per section 22, Term of service, continuance.

4. Non-relocability, till after the lapse of two or three years, reckoned from the expiration of the last preceding term of service, as per section 25, Relocable who: Section 26, Wrongful exclusion obviated: that choice of persons who have had experience, and of whom experience has been had, may never be wanting.

5. General responsibility of the whole body, and its several members, as per section 2, Responsibility, and section 23, Self-suppletive function, and Ch. v. Constitutive, section 6, Securities against Legislative, &c.

6. Special causes of temporary secrecy excepted,—publicity of legislational sittings, as per section 21, Sittings, public and secret.

7. Publicity, permanent as well as immediate, given—to the part taken by the several members, on the occasion of each motion, as per section 29, Members’ Motions. Art. 6.

8. Securities for appropriate aptitude, on the part of all subordinate functionaries,—in the several other departments, administrational and judiciary,—without whose concurrence scarcely can any considerable evil be produced by the ordaining body. See the sections intituled Securities, &c., in the chapters, headed Ch. vii Prime Minister—Ch. ix. Ministers collectively—Ch. xii. Judiciary collectively—Ch. xxv. Local Headmen—Ch. xxvi. Local Registrars.

Instructional.

Art. 43. II. Securities, applying more particularly to moral aptitude.

1. Provision made, against corruption in every shape, as per section 19, Remuneration, and, by constancy of appropriate occupation, to the exclusion of time for corruptive intercourse, as per section 18, Attendance; section 20, Attendance and Remuneration.

2. In case of delinquency, punibility at the hands of succeeding Legislatures, as per section 28, Legislation Penal Judicatory.

3. Special security provided against mutual disturbance to members, during Legislational Sittings; as per section 16.

4. All-comprehensive subjection to the tutelary power of the Public-Opinion Tribunal, through the instrumentality of the Legislator’s Inaugural Declaration, as per Ch. vii.

Instructional.

Art. 44. III. Securities, applying more particularly to intellectual aptitude.

1. Exceptions excepted, original locability of all persons without distinction by the respective Electoral Bodies.

2. After the expiration of the preparation period, as in the case of Ministers and other functionaries belonging to the Administrative Department, as per Ch. ix. Ministers collectively, section 16, Locable who,—sole persons locable, those by whom proof of appropriate aptitude has been given; namely, by means of the Examination Judicatory thereby organized.

3. Provision made, for all comprehensiveness of appropriate information, as per Ch. viii. Prime Minister, section 10, Registration System, and section 11, Publication System; Ch. ix. Ministers collectively, section 7, Statistic function; Ch. xii. Judiciary collectively, section 14, Publicity-recordation publication; Ch. xxi. Immediate and Appellate Judiciary Registrars; Ch. xxvi. Local Registrars; Ch. vi. Legislature, section 27, Legislation Inquiry Judicatory.

4. Provision made, for giving to fresh enactments, on their introduction, the most apt form, in respect of the conjunct qualities of correctness, comprehensiveness, clearness, conciseness, or say succinctness, and methodicalness,—and without diminution of appropriate power,—as per section 29, Members’ Motions: and on the responsibility of a subordinate Minister, located for this purpose; as per Ch. xi. Ministers separately, section 2, Legislation Minister.

5. Provision made, in respect of those same qualities, by needful legislative interpretation and special amendment, according as the need is brought to view in the course of Judicature: as per Ch. xii. Judiciary collectively. Section 19, Judges’ contested-interpretation function. Section 20, Judges’ eventually-emendative function. Section 22, Judges’ preinterpretive function.

Instructional.

Art. 45. IV. Securities, applying more particularly to appropriate active aptitude.

1. Provision made, for the uninterrupted sittings of the Legislative body: as per section 1, Powers and duties; and section 18, Attendance.

2. Provision made, for the uninterrupted attendance of each Member, as per section 18, Attendance, and section 20, Attendance and Remuneration; or, in case of accident, by a Depute of his choice, and for whom he is responsible: as per section 23, Self-suppletive function.

CHAPTER VII.

LEGISLATOR’S INAUGURAL DECLARATION.*

Section I.

Authentication, how.

Enactive.

Art. 1. In the front of the Election District Office, in face of the assembled multitude, immediately after the notification made by the Election Clerk of the person in whose favour a majority of the votes has been declared,—the person so elected will, in token of assent, read aloud with his name thereto subscribed, the Legislator’s Inaugural Declaration, in all the several words in and by which it stands expressed in the sections hereinafter following.

Enactive.

Art. 2. In case of unavoidable absence on his part, by reason of sickness or other accidental cause,—as also to provide for the case, in which, without his knowledge, or without his consent, he has been proposed to be elected as if he had been a candidate,—any person,—acting on his behalf, with his consent, and in proof thereof, producing an exemplar thereof, signed by the proposed member, as above,—will, upon declaring, on his responsibility, the cause of such absentation, be admitted to read the Inaugural Declaration in his stead: saying, immediately before the commencement of such his reading—“I, (mentioning his name,) at the desire of A. M. (mentioning the member’s name,) read this his Inaugural Declaration in his stead: and it is his desire, that the words of it be considered as his as effectually as if it had been by himself that they were read.”

Enactive. Ratiocinative.

Art. 3. For prevention of insincerity, and that it may be left without excuse,—any person so elected may, in manner following, subjoin to the so attested exemplar of his Declaration, any such exceptions, or say expressions of partial dissent, and any such supposed amendments, and explanations, as he thinks fit.

Enactive. Instructional.

Art. 4. In this case, whatsoever be the words or clauses from which he means to state himself as dissenting,—or to which he is desirous of seeing any proposed amendment made or explanation given,—he will give indication of them, by enclosing them respectively in brackets, with a numerical figure, letter, or other mark of reference, which will accordingly be repeated at the commencement of such his statement.

At the same time, and in the same way, he will, if so minded, declare the considerations, which, in the character of reasons, have been the causes, by which such his dissent, or indication of supposed amendment, or requisite explanation, has been produced. But, (to prevent confusion,) in the exemplar in which such his reasons are written, he will not be at liberty to write more than [NA] lines in any one page, referring the overplus, if any, to a separate paper: which paper, if published, will be published by himself, and at his own expense.

Instructional.

Art. 5. Lest, by any such exceptions, amendments, or explanations, dissent to the essence of the declaration should, under pretence of assent, be virtually expressed,—any other member of the Legislative Body may, at the time that such supposed virtually dissenting member is taking his seat, move that he may be considered as virtually refusing to officiate as member thereof: whereupon, if such be the judgment of the Assembly, his election will be declared of no avail, and the appropriate arrangements will be taken for the election of another deputy in his stead.

Section II.

I. Ends aimed at.

I, A. L. in testimony of my attachment to the principles of the Constitution, do hereby make the solemn declaration following:

1. I recognise as the all-comprehensive, and only right and proper end of Government, the greatest happiness of the greatest number of the members of the community: of all without exception, in so far as possible: of the greatest number on every occasion on which the nature of the case renders it impossible, by rendering it matter of necessity to make sacrifice of a portion of the happiness of a few, to the greater happiness of the rest.

2. I acknowledge, as and for the specific and direct ends of Government, these which follow:—

I. Positive ends—maximization of subsistence, abundance, security against evil in every shape,—against evil from every source: against physical calamity, against human hostility; against hostility from external, against hostility from internal, adversaries; against hostility from internal resistible adversaries; against hostility from internal irresistible adversaries: for such, so long as they rule, and in proportion as they rule ill, are evil rulers: such,—unless by apt arrangements debarred from all hope of sinister success,—are and ever will be all rulers everywhere.

II. The all-comprehensive negative and collateral end of Government I acknowledge to be—avoidance or minimization of expense in every shape: in the shape of money; in the shape of unintended hardship; in the shape of intended hardship, intended for the purpose of punishment: minimization of expense,—as in the shape of punishment, so in the shape of reward and the matter of reward: seeing that, without certain hardship and eventual punishment, the matter of reward cannot be extracted from the grasp of individuals, and placed at the disposal of Government.

I acknowledge,—that, of all these indispensable ends, no one can be compassed, but by and in proportion to appropriate aptitude, on the part of the several functionaries of Government: more particularly on the part of those of the people’s upper servants, of whom I am one: appropriate aptitude in all its several shapes, moral, intellectual, and active: appropriate intellectual aptitude, in its two several shapes—knowledge and judgment. Appropriate moral aptitude, I acknowledge, it will be my own fault if, on any occasion, I fail to invest myself with: namely, by taking for the guides of my conduct the several above-mentioned ends: appropriate intellectual and active aptitude it shall be my diligent endeavour to invest myself with, according to the measure of my faculties.

These same uncontrovertible ends of all good government, I once more acknowledge accordingly, and in these few words bring together and recapitulate:—Greatest happiness of greatest number maximized; national subsistence, abundance, security, and equality maximized; official aptitude maximized: expense, in all shapes, minimized.

Section III.

II. Appetites guarded against.

On my guard I will accordingly, on every occasion, keep myself, against the power of all those appetites, to the sinister influence of which, the inalterable nature of my situation keeps me so constantly and perilously exposed: appetite for power, appetite for money, appetite for factitious honour and dignity, appetite for vengeance at the expense of opponents, appetite for ease at the expense of duty.

Constant, in particular, will be my endeavours, to keep extinguished in my breast, all appetite for respect in every shape in which it is factitious. To pre-eminent respect at the hands of the community at large, I acknowledge no other title, than what is constituted by pre-eminent service:—service, proved and made universally manifest, by appropriate evidence. In the mass of those honours, or, as they are also called dignities, which are factitious,—I behold an instrument of unmerited triumph in the hands of those who share in them, of unjust depression on the part of all besides: the work of imposture, on the part of him by whom the draught for respect is drawn; of folly, on the part of him by whom it is paid.

Section IV.

III. Economy and Uncorruption Promised.

Unremitted shall, on every occasion, be my care, and my exertions, to keep the official establishment clear of all those drains, by which, in exorbitant excess, the substance of the people is drawn into the coffers of self-seated rulers, or unfaithful stewards: clear of all needless offices, of all useless offices, of all overpay of overpaid offices, of all dutiless offices, of all accumulation of offices in one hand: numbering among dutiless offices every case, in which, not serving in fact, a man serves in words, by deputy: the deputy being thus the working functionary, the principal an impostor, by whom money is obtained on a false pretence; nor moreover will I forget, that he who accepts a second office, holding at the same time one, for the exercise of which, the whole of his disposable time may eventually be requisite, manifests thereby his intention of neglecting the duties of one or both.

On the subject of official pay,—never will I cease to remember, that all pay, given to him who would serve equally well without pay, is given in waste: that the less a man is content to receive, for taking upon himself the duties of an office, the more conclusive is the evidence given, of his relish for the functions of it: that if, instead of receiving, he would be content to give, money for the occupation, the evidence would be still more conclusive,—the more so, the more he would be content to give for it: that the higher the pay of an office is, the greater the probability is, that the functions of it may be the object of his abhorrence, and every occasion embraced for avoiding the pain of exercising them: that, the higher the pay, the stronger the temptation to substitute,—and the more surely adequate the means, of substituting,—as far as possible, to the services due to the public, any such private occupations as to the individual are most agreeable: that, of the quantum of pay that will be satisfactory to a man, no other man can be so good a judge as he: that, if a comparatively indigent man is exposed to the temptation of breaking his trust for money,—so is the comparatively opulent man;—who moreover with more expensive habits, has proportionably augmented means of engaging accomplices and protectors: and that, as universal experience demonstrates, the most extravagantly paid of all functionaries have, everywhere, and at all times, been the most extravagant of prodigals, and the most rapacious of depredators.

Bearing in mind, that no desirable office, and in particular, that no lucrative office, can have place anywhere, without being a source of corruption;—of corruptingness in him by whom it is conferrible, of corruptedness in him by whom it is receivable;—bearing this in mind,—I will, were it only for this reason, keep my attention steadily bent, on the means of minimizing—as well the number, as the pay, of all such offices: never ceasing to remember, that, as waste produces corruption, so does corruption waste; till thus, by depredation, oppression, and dissipation, the body politic is exhausted, debilitated, destroyed.

In particular, in no act of waste, in no act of corruption, will I ever participate, under any such cloak, as that of a pension of retreat: never ceasing to remember, on how widely different a footing stands every such grant from that of the compensation, granted to military men, for disablement incurred in military service: knowing, and duly considering, that no such pay without service is ever received or looked for, by him whose means of subsistence are composed of the retribution received by individuals for services rendered to individuals; remembering, that no physician has any pension of retreat from his patients, handicraft from his employers, or shopkeeper from his customers,—nor yet is there any want of physicians, handicrafts, or shopkeepers.

As little, under any such notion as that of affording honour to the nation, dignity to its functionaries, encouragement to piety, to learning, to arts, to sciences, and in particular to fine arts, or merely curious sciences or literary pursuits,—as little, under any such delusive pretence, will I concur in laying burthens on the comparatively indigent many, for the amusement of the comparatively opulent few: at their own expense will I leave them to pursue the gratification of their own tastes.

In the application made of punishments, never will I concur, in afflicting with factitious affliction, a fellow-citizen, for no other cause than that of his differing from myself, or from others, on a matter of opinion, or on a matter of taste. No such privilege will I arrogate to myself as that of deciding what things he shall or shall not believe, or by what things he shall or shall not be pleased. By no such means will I ever seek to constitute my opinion the standard of other men’s opinions, my taste the standard of other men’s tastes.

Never, on the occasion of the treatment to be given to delinquents,—never will I suffer myself to be guided by any other wish or rule, than that by which a surgeon is guided in the treatment given to his patients. No more will I be guided by anger in the one case, than he is in the other. Never will I concur in administering, to any such patient of mine, pain, in any quantity, exceeding the least, that, in my eyes, is sufficient, for preserving the whole community, himself included, from pain in some greater quantity.

In my endeavours for the maximization of official appropriate aptitude, on the part of the several functionaries of the state in their several situations,—I will not forget the keeping all candidates for office, subjected, in the most public and universally satisfactory manner, to the most demonstrative tests, which, in the case of each Department, and each function of that Department the nature of the duty admits of: nor, on the occasion of whatever provision may be made for their appropriate instruction, will I be unmindful of the incontestible truths—that the only effectual security for appropriate aptitude with relation to any office, is the rendering such demonstration of it an indispensable condition to the attainment of that same office,—and that, in proportion as, in addition to adequate means, adequate inducements for the attainment of such aptitude are found by individuals at their own expense, all provision for that purpose, at the expense of the public, is probable corruption, as well as certain waste.

Section V.

IV. Notoriety of Law to all, promised.

Mindful, that a portion of law, in relation to which, in proportion as it is known, it is known that execution will not be given to it, is no better than a dead letter; and that a law, in relation to which, while by some it is known, by others it is not known, that execution will be given to it, is so much worse than a dead letter as to be a cruel snare,—my sincere endeavours shall at all times be directed, to the keeping the field of Government clear of all such snares.

To this end, my anxious attention shall, at all times, be applied,—not only to the securing, to the text of the law, at all times, an extent corresponding and equal, to that of the whole aggregate of the obligations to which the people stand subjected,—but also to the keeping the whole mass of the law itself in such sort methodised and divided into parts, as that each individual may have in hand every portion of law in which he has a special interest in any shape, clear as possible of all matter in which he has not any such interest: the whole, in a form as clear, correct, complete, concise, and compact as possible: those parts of it, in which all persons have an immediate interest being, under all the variations which it may happen to them to undergo, kept in such a state, as that they may, without difficulty, form the matter of the earliest instruction administered in schools.

Section VI.

V. Justice, accessible to all, promised.

Mindful I shall ever be—that the services of Judicial functionaries, are the only instruments, by which execution can be given to the law, and security or redress to the citizen, against injury in any shape at the hands of internal adversaries.

Mindful, that upon this as upon any other sort of instruments, to impose a tax, is to deny the use of it to all who cannot pay the tax, and in this case to sell to all who can and will pay it, the power of employing the instrument in the destruction of those who cannot.

Mindful, that the effect of this denial is the same, whatever be the pocket that receives the produce of the tax.

Mindful, that to impose any such injury-promoting and security-denying prohibition, is to sell to the rich the means of irresistible and unpunishable aggression,—to deny to the poor the possibility of self-defence,—to establish oppression, to join in depredation, and to produce by law the evils of anarchy.

Mindful, that every particle of needless delay and vexation, introduced or left by the Legislator or the Judge, in the proceedings, produces the afflictive and prohibitive effect of a tax, without the profit of it.

Mindful, that where no intention of injury has place, on either side, the effect of every such tax, and of every such neglect, is to heap affliction upon affliction on both sides.

Sensible I am, that a Legislator is accessory to every injury, against which he withholds protection, as well as to every injury to which he gives or leaves facility:—sensible, that he is the accomplice of every oppressor and every depredator, into whose hands he thus puts an instrument of injury, or in whose power he places a victim, by keeping the means of redress out of his reach.

Bearing all these things in mind,—I promise and declare, that, on no occasion shall my diligent endeavours be wanting, to the keeping at all times excluded from the system of Judicature, not only every particle of expense purposely imposed, but every particle of needless delay and vexation, which, for want of such attention, may be liable to have place.

Section VII.

VI. Impartiality in Elections, promised.

On the Election of the several Ministers, in the filling of whose situations a Member of the Legislature has a vote,—namely, the Prime Minister, the Justice Minister, and the Legislation Minister,—I will, on each occasion, after the fullest and most impartial inquiry and consideration in my power,—with scrupulous fidelity, give my vote, in favour of that individual, in whom, in my judgment, the aggregate of appropriate aptitude, in all its several branches, has place in the highest degree; and who accordingly is, in the corresponding degree, able and willing to give execution and effect to the ordinances of the Legislature, in so far as guided by the principles in this my Declaration manifested.

Section VIII.

VII. In International Dealings, Justice and Beneficence, promised.

On the occasion of the dealings of this our State with any other States,—sincerely and constantly shall my endeavours be directed to the observance of the same strict justice and impartiality, as on the occasion of the dealings of the Legislature with its Constituents, and other its fellow-countrymen, of this our State.

Never will I seek to add, to the opulence or power of this our State, at the expense of the opulence or power of any other State, any otherwise than, in the competition between individual and individual, each may, without injury, seek to advance his own prosperity in preference to that of the other.

All profit, by conquest in every shape, I acknowledge to be no other than robbery: robbery, having murder for its instrument; both operating upon the largest possible scale: robbery, committed by the ruling few in the conquering nation, on the subject many in both nations: robbery, of which, by the expense of armament, the people of the conquering nation are the first victims: robbery and murder, the guilt of which, as much exceeds the guilt of the crimes commonly called by those names, as the quantity of suffering produced in the one case exceeds the quantity produced in the other.

Seeing, that in all war, it is only through the sides of the unoffending many that the guilty few can ever receive a wound,—never will I, for any other purpose than that of national self-defence, or receipt of compensation for pecuniary damage actually sustained, consent to make war on any other State: nor yet for pecuniary damage, till all endeavours for the obtainment of compensation, in the way of arbitration or other means less destructive than general war, are hopeless: nor unless, if not prevented by war, future injury from the same source as the past, is actually apprehended by me.

Never will I consent to the receiving, under the dominion of this our State,—even though it were at the desire of the inhabitants,—any portion of territory, situate at any such disstance from the territory of this State, as to prevent any of the wants of the inhabitants of such other territory, from receiving, at the hands of the Supreme Legislature of this our State, relief as effectual, as that which they could receive, were their places of habitation situated within the pristine limits of the territory of this our State: regarding, as I do, all such dominion, as no better than an instrument, and device, for the accumulation of patronage and oppressive power, in the hands of the ruling few in the dominating State, at the expense, and by the sacrifice, of the interest and felicity, of the subject many, in both States.

No recognition of superiority, on the part of this our State, in relation to any other State, will I ever seek to procure, or consent to receive: no factitious honour or dignity will I seek to procure, or consent to receive, for this my own State, or any of its citizens, at the hands of any other State.

I acknowledge all honour to be false honour, all glory to be false glory, all dignity false dignity,—which is sought to be advanced, or maintained, at the expense of justice, probity, self-regarding prudence, or effective benevolence: I acknowledge all such words to be words of delusion, employed by rulers, for the purpose of engaging subject citizens to consent, or submit, to be led, for the purpose of depredation, to the commission of murder upon the largest scale: words, which, as often as they are employed, will, in proportion as the eyes of men are open to their true interests, reflect dishonour, more and more intense and extensive, on all those by whom they are thus employed.

On every favourable occasion,—my endeavours shall be employed to the rendering, to the subjects, and for their sake to the constituted Authorities, of every foreign State, all such positive good offices, as can be rendered thereto, without its being at the expense of some other State or States, or against the rightly presumable inclination, as well as at the expense, of the majority of my fellow-countrymen, in this our State.

Never, by force or intimidation, never by prohibition or obstruction, will I use any endeavour to prevent my fellow-countrymen, or any of them, from seeking to better their condition in any other part, inhabited or uninhabited, of this globe. In the territory of this State, I behold an asylum to all: a prison to none.

Section IX.

VIII. Impartiality, in the general exercise of power, promised.

On every occasion, in the exercise of this my vocation, sincere and anxious shall be my endeavour, to keep my mind as clear as may be, of undue partiality in every sense: of partiality in favour of any class or individual, to the injury of any other: of partiality, through self-regarding interest: of partiality, through interest inspired by sympathy: of partiality, through interest inspired by antipathy: more particularly will I be on my guard against partiality in favour of superiors, to the prejudice of inferiors: of superiors, in whatsoever scale of comparison: opulence, power, reputation, talent—natural or acquired.

In my conduct towards my fellow-countrymen, I will, on every occasion, in this my situation, apply my closest attention to the observance of the same strict rules, as if it were that of a Judge. Acting as a Legislator, I acknowledge myself to be acting as a Judge; bound, to the observance of the same inflexible impartiality in this case as in that: bound—but by ties, as much stronger, as the number of the persons, whose happiness is at stake, is greater.

Section X.

IX. Assiduity, promised.

Mindful, that by absentation, half the effect of a vote on the wrong side is produced, I will not, on any occasion, by plea of sickness or other excuse, seek to exempt myself from the obligation of attendance.

Section XI.

X. Subordination to the Constitutive Authority, promised.

Never, except for the avoidance of determinate and clearly preponderant evil,—nor for that purpose but during the absolutely necessary time,—never will I concur, in withdrawing the proceedings of the Legislature, from the view and scrutiny of the people: the people its Constitutional superiors: the people—the only legitimate source of power: the people, by whose authority, for whose sake, and at whose expense, all power, conferred by this our Constitution, has been created.

Section XII.

XI. Encroachment on subordinate Authorities, abjured.

Sensible, that, if duly fulfilled, the duties specially attached to the situation of Member of the Supreme Legislative, never will or can cease to be sufficient to occupy the whole of a public man’s disposable time,—and that nothing but disobedience, tardiness, inaptitude, or casual and momentary want of time, on the part of Subordinates, can create, on the part of the Supreme Legislative, any such necessity as that of assuming to itself, in the whole or in part, business belonging to any one of their several departments:—strictly and constantly will I keep myself on my guard against every such temptation as that of acting, without necessity, in any part of the field of service belonging to any one of those several subordinate authorities; sensible, how prone, for want of such due caution, man in authority is to afford, in this way, to the appetite for patronage and oppressive power, an irregular and mischievous gratification. Saying this, I have in mind, in a particular and distinct manner, the functions and branches of business belonging to the several Departments subordinate to the Legislature; namely, the Administrative, the Judicial, and the Sub-legislative.

Section XIII.

XII. Insincerity, abjured.

Never, by deception or delusion in any shape,—never will I seek, to compass any point, either in the framing of Legislative ordinances or other authoritative instruments, or in debate. In all such discourses, my endeavours shall be constantly directed to the giving to them the greatest degree of transparency, and thence of simplicity, possible.

On every occasion, it shall be among the objects of my endeavours, to keep my own discourse, and, as far as depends upon myself, the discourse of others, as pure as may be from the taint of fallacy: of fallacy in every shape; and in particular, in those shapes in which it is delineated in the Table of Fallacies, which, to this purpose, is kept hung up, to serve as a perpetual memento, for the use of all hearers, as well as of all speakers: of all persons judging, as well as of all functionaries judged.

Section XIV.

XIII. Arrogance, abjured.

Acknowledging that I am but an Agent, chosen by my Constituents, to bear a part in the managing of such of their concerns, as the nature of the case places them under an incapacity of managing for themselves,—I arrogate not to myself any superiority over them, or any one of them, on that score.

Of no power or influence attached to my situation, will I ever avail myself, to any such personal and sinister purpose, as that of creating dependence, or exacting or receiving homage. To avoid wounding, by haughtiness of demeanour, the sensibility of such of my fellow-citizens, whose business brings them into communication with me, shall be among my sincere and constant cares.

CHAPTER VIII.

PRIME MINISTER.

Section I.

Fields of Service.

Art. 1. Co-extensive with that of the Legislative is the Prime Minister’s local field of service.

Enactive.

Art. 2. Under the Legislature, to the Prime Minister’s logical field of service belongs, as per Ch. iv. Art. 4 and 5, whatsoever portion of the Legislature’s logical field of service does not belong to the Judiciary Department, headed by the Justice Minister. For the particulars of the Prime Minister’s service in this field, see sections 2, 3, 4.

Expositive.

Art. 3. By the Prime Minister’s logical field of service, understand that ideal space, within which is to be found the aggregate of the several persons and things constituting the subject-matter of the operations performed, and correspondent functions exercised by him,—together with the aggregate of the operations, which he is empowered to exercise, in relation to those same persons and those same things.

Expositive.

Art. 4. So, also, in the case of the several Ministers: as per Ch. ix. Ministers collectively. Section 2. Ministers and Sub-departments.

Ratiocinative.

Art. 5. Question. Prime Minister why thus denominated?

Functions.

Enactive.

Art. 1. To the Prime Minister, exercisable within his logical field of service, belong the functions following: namely,

Art. 15. Of every such instrument, exemplars* will, in the way of manifold writing, as per Section 9, be written and disposed of as follows:

1. Kept in the Prime Minister’s Office, one.

2. Kept by the Prime Minister himself, one.

3. Delivered with all practicable promptitude to the functionary so located, promoted, transferred, dislocated, or suspended, one.

4. Transmitted to the Registrar,—of the Office, into, in, or from, which the location, promotion, dislocation, or suspension has been made, one.

5. In case of promotion,—transmitted to the Registrar of the Office, from which the promotion has been made, one.

Enactive.

Art. 4. Examples are—

1. A state of things resulting from a negotiation with an Agent of any foreign power.

Art. 6. Punitionally: that is to say, to the purpose of being subjected to punishment,—suffering under the name of punishment, over and above the suffering produced by the exaction of compensation: or, in lieu of it, in those cases in which compensation cannot have place: for example, where there is no individual specially wronged. Compensationally: that is to say, to the purpose of being compelled to yield compensation. Dislocationally: that is to say, to the effect of being dislocated.

Enactive.

Art. 3. II. Every person, who has not, either in a resident or migratory state, passed at least [NA] years, in some part or other of the territory of this State.

Section VIII.

Located how.

From the application of the same course of experiment to the Prime Ministers of the several Sublegislatures, the instruction obtainable from this source will, in the proportion of their number, receive diversification and increase.

Section IX.

Dislocable how.

Art. 3. Exception 1. The evil, produced by the unavoidable expense, preponderant over the good produced by the extent proposed to be given in the instance in question to the publicity. Antagonize thus one with another the two principles, and the rules respectively prescribed by them.

Rule 1. Maximize publicity.

Rule 2. Maximize frugality.

Rule 3. By every deduction made from the amount of the expense, the extent given to publicity may, with clear advantage, be increased. Hence, one advantage of the manifold writing mode, as per section 10, Registration System.

Instructional.

Art. 4. The good produced by publicity is of two sorts: to wit, 1, the general; 2, the particular. The general consists in the efficiency it gives to the force of the law, and to that of the Public-Opinion Tribunal: to wit, in the character of an instrument of security for appropriate aptitude on the part of all public functionaries: the particular consists in the particular use derivable from the information, afforded concerning each particular matter of fact, to the several individuals, whose happiness may be promoted, or their conduct beneficially influenced by it.

Instructional.

Art. 5. Exception 2. Where, in this or that particular case, in addition to the evil of expense, if any, the evil of the publicity would, in the instance of this or that particular person or class of persons, be preponderant over the good.

Instructional.

Art. 6. Of the Sub-departments in which this preponderance is most apt to have place, examples are the following:

1. The Constitutive Department: to wit, in respect of the evil that would result from its being known which way the several voters, or any of them, gave their votes. For the reasons for which the evil of publicity would, in this instance, be destructive of the Constitution, and not accompanied by good in any shape, see Election Code,Preliminary Explanations (vol. iii. p. 558.) The thing requisite is—that, of each voter, the inward wish be expressed by his vote: to wit, on the presumption, that, in so far as, by the direction given to it, he sees no probability of advancing his own at the expense of the general interest, he will give to it such direction as, according to what he thinks or has heard, will be most for the advantage of the general interest. But, in so far as this direction were known, and he apprized of its being so, the wish expressed by his vote would be—the wish of whatever person he had most to fear or hope from: and, as the number of the persons, who have most to fear or hope from a man, will be in the conjunct proportion of his legal power and his opulence,—hence, supposing votes public, a constitution, democratical in appearance, may be aristocratical in effect: and the happiness provided for—not that of the many, but, at the expense of the many, that of the few.

2. The Army Bis-subdepartment: to wit, by making known to the enemy of the State the strong and the weak points of its means of defence.

3. The Navy Bis-subdepartment: the two together constituting the Defensive Force Sub-department: to wit, by information given as above.

4. The Preventive Service Sub-department: to wit, in respect of the like information given to delinquents.

5. The Health Sub-department: to wit, in respect of any such evil as may be liable to result from its being known who the persons are who have been labouring under any disease to which disrepute is attached.

6. The Foreign Relation Sub-department: to wit, by information given, to those, who at any time are liable to become enemies, and who are at all times, in one way or other, rivals.

7. Add the Judiciary Department, as to which, see Ch. xii. Judiciary collectively, Section 14, Publicity, &c.

Instructional. Ratiocinative.

Art. 7. In each several case, in so far as secrecy is provided for, the assumption is—that, in that case, publicity would be liable to become subservient to hostile purposes:—to the support of this or that interest, in hostility with the interest of the greatest number in this State. In the case of the Defensive Force and Preventive Service Sub-departments, the effect of the publicity might, if extended to certain persons, be the giving aid to hostile designs already entertained, and endeavoured to be carried into effect: in the case of the Foreign Relation Sub-department, it might be—either the giving aid to such designs, if already entertained, or even the giving birth to the like designs.

Instructional. Ratiocinative.

Art. 8. In each such case,—a point of time will however be assignable, after which the evil at first producible by publicity, will have ceased to be thus producible. But, at no time can the good produced by publicity cease to exist or to operate. For, at no time can the operation of the tutelary power of the Public-Opinion Tribunal—that judicial power to which the publicity furnishes its necessary evidence—cease to be needed. If it be known, that, upon the cessation of the particular demand for the secrecy, it will cease,—the obstruction afforded by it to the operation of the legal as well as Public-Opinion Tribunals, and the evil produced by it, will be minimized, and the quantity much reduced.

Instructional.

Art. 9. Thus it is—that, under this system, to the extent of the publicity thus requisite and thus ordained,—and thence to the correspondent and necessarily previous registration,—there are no limits,—other than those which are set to it by one or other of two considerations: the one is—the expense necessitated by the operation; a consideration which applies to all cases: the other is—the demand for temporary secrecy:—a demand, the nature and extent of which are produced and regulated by various special causes, depending on the nature of the business of the department or sub-department.

Ratiocinative. Instructional.

Art. 10. As there are not any limits other than as above, to the extent of the demand for publication, so neither are there to that of the good derivable from it. As to this, see the sections intituled Securities, &c. in Ch. vi. Legislature; Ch. viii. Prime Minister (this present chapter); Ch. ix. Ministers collectively; and Ch. xii. Judiciary collectively. Ch. xxv. Local Headmen; Ch. xxvi. Local Registrars. For particulars, in the case of the Administrative Department, see Ch. ix. Ministers collectively: Section 7. Statistic function.

Expositive.

Art. 11. Considered in respect of its extent, publication may be distinguished into internal and external.

Understand by internal or say special, that mode of publication, the operation of which is confined to the particular official situation, or the particular Sub-department, in the course of the business of which the facts in question came into existence; by external, that produced by the conveyance of the information, to persons other than those belonging to, or having business with, that same Office, Department, or Sub-department: of external publicity the benefit therefore is not confined to any other limits than those which apply to the numbers of mankind at the time in question, and all succeeding ones.

Section XII.

Securities for appropriate aptitude.

Art. 1. For maximization of appropriate aptitude on the part of the Prime Minister, securities here provided are as follows:

1. The Registration system, as per Section 10; whereby, as in the case of the Members of the Legislature, his several official acts, including all those of his subordinates, which, by his authorization or acquiescence, are rendered his—are, at the pleasure of his superordinates: to wit, the Legislative authority, and the Constitutive,—submitted to their cognizance.

2. The Publication system, as per Section 11; whereby with no exceptions,—other than those respectively made, by the consideration of the expense, and by the demand presented by special cause for temporary secrecy,—those same acts will be promptly, regularly, constantly, and effectually, presented to the cognizance of those same superordinate authoririties.

3. Dislocability by the Legislature as per Section 9, Art. 1.

4. Dislocability by the Constitutive authority as per Section 9, Art. 2.

5. Responsibility, for insufficiency in the exercise of his several functions, informative, indicative, and initiative, as per Section 3, Relation to Legislature.

6. Dislocability, by acceptance or retention, of any other office belonging to the Official Establishment of this State: as in the case of a Member of the Legislature, as per Ch. vi. Section 31, Securities, Art. 13.

7. So, by acceptance or retention, of any office, gift, or factitious honour or dignity, at the hands of any foreign government, as in that same case, as per Ch. vi. Section 31, Art. 14, 15, or at the hands of any individual foreigner, for favour received of the Prime Minister, or expected to be done by him, in the exercise of any function belonging to his office.

8. Obligation to keep in exercise a Depute or Deputes; coupled with responsibility for their aptitude, as per Section 4, Self-suppletive function.

9. Responsibility, for the aptitude of his immediate subordinates, as per Art. 2, 3, 4, here ensuing.

10. Securities applying to the several situations of these his subordinates and instruments, as per Ch. ix. Ministers collectively. Section 25, Securities.

11. In particular, checks to arbitrariness, in his choice of subordinates,—by means of the evidence of appropriate aptitude necessitated on the part of all persons locable in the Administrative Department, as per Ch. ix. Ministers collectively, Section 16, Locable who, and the pecuniary competition, necessitated as per Section 17, Located how.

12. Functions, statistic, censorial, and melioration-suggestive, exerciseable by all persons, as Members of the Public Opinion Tribunal, in relation to his situation and his conduct therein, as in the case of the Legislature and its Members, as per Ch. v. Constitutive, Section 5, Function of the Public-Opinion Tribunal.

13. Dislocability and responsibility, punitional and compensational, for criminal delinquency, as in the case of a Member of the Legislature, as per Ch. vi. Section 28, Legislation Penal Judicatory.

Enactive.

Art. 2. If, from any person, offering adequate security for eventual responsibility, information has, publicly or privately, been received by him, of indication of misconduct, or inaptitude, in any shape, on the part of any Minister, as manifested by any individual occurrence,—to the Prime Minister it thereupon belongs, forthwith to take remedial measures, by inquiry instituted.

Enactive. Ratiocinative.

Art. 3. At the requisition of any such indicator, his name and personality may be, and at his desire ought to be, provisionally kept secret: subject nevertheless to disclosure, for the purpose of judicial pursuit or public exposure, in case of mendacity, insincerity, or falsehood accompanied with temerity, in respect of the indication so afforded.

Enactive. Ratiocinative.

Art. 4. To the case of all existing Ministers located by any predecessor of his, this responsibility of the Prime Minister extends, as well as to the case of those located by himself: if originally unapt, the functionary ought not to have been located: if become unapt, he ought not to have been continued.

Enactive.

Art. 5. To the Prime Minister accordingly with relation to those his immediate subordinates, apply the several securities established in those instances in relation to the several subordinates: as per Ch. ix. Ministers Collectively. Section 25, Securities. &c. Art. 13, 14, 15, 16.

CHAPTER IX.

MINISTERS COLLECTIVELY.

Section I.

Ends in View.

Instructional.

Art. 1. Ends in view—as in every other Department of the Official Establishment, so in this, are—1, maximization of appropriate good: 2, minimization of correspondent evil. Under these two heads may, on this occasion, be comprised the two all-comprehensive branches of the main universal end—the greatest happiness of the greatest number.

Expositive.

Art. 2. By the appropriate good, understand, on this occasion, the due and successful performance of the several operations, by the performance of which the functions belonging to the several functionaries employed in the Administration Department are exercised, and the business of their several offices carried on: by the correspondent evil, evil in its several shapes—to wit, delay, vexation, and expense to functionaries and suitors: main end, maximization of the good: collateral end or ends, minimization of the evil.*

Instructional.

Art. 3. In these may be beheld two landmarks, set up for the guidance of the legislator in his course. The collateral end, considered in these its several branches, has the more need to be here noted, the more apt it is to be overlooked: in particular, so far as regards suitors. See this distinction farther developed in Section 7, Statistic function.

Expositive.

Art. 4. By a suitor, as in the case of the Judiciary Department, (as per Ch. xii. Judiciary collectively,) so in this, understand any person considered as having business to transact with any functionary belonging to this Department, and acting or applied to in such his capacity.

For the arrangements having more particularly in view this same collateral end, see Section 21, Oppression obviated, and Section 25 Securities, &c.

Section II.

Ministers and Sub-departments.

Enactive.

Art. 1. Under the Prime Minister are the Ministers following: namely,

1. The Election Minister; as to whose functions, see Section 4, Functions in all, and Ch. xi. Section 1.

2. The Legislation Minister; as to whose functions, see Section 4, and Ch. xi. Section 2.

3. The Army Minister: as to whose functions, see Section 4, and Ch. xi. Section 3.

4. The Navy Minister; as to whose functions, see Section 4, and Ch. xi. Section 4.

5. The Preventive Service Minister; as to whose functions, for the prevention of delinquency and calamity, see Section 4, and Ch. xi. Section 5.

6. The Interior Communication Minister; as to whose functions, see Section 4, and Ch. xi. Section 6.

7. The Indigence Relief Minister; as to whose functions, see Section 4, and Ch. xi. Section 7.

8. The Education Minister; as to whose functions, see Section 4, and Ch. xi. Section 8.

9. The Domain Minister; as to whose functions, see Section 4, and Ch. xi. Section 9.

10. The Health Minister; as to whose functions, see Section 4, and Ch. xi. Section 10.

Art. 9. Where two or more Sub-departments have been allotted to one and the same Minister, it belongs not to the Prime Minister, without the concurrence of the Legislature, so to separate them as to add to the number of the Ministers; for, by so doing, scarcely could he avoid giving increase to the expense; and thus, whether to or for his own benefit or not, imposing upon the people a correspondent tax.

Expositive. Instructional.

Art. 10. Examples of unions, which, antecedently to experience, seem most likely to be effectible without detriment to the service, are the following:

I. The Army, Navy, and Preventive Service Sub-departments.*

II. The Interior-communication and Domain Sub-departments.

III. The Indigence Relief and Education Sub-departments.

IV. The Trade and Finance Sub-departments.

Section III.

Number in an Office.

Enactive.

Art. 1. In each official situation, functionaries no more than one.

Ratiocinative.

Art. 2. Short reason, here as elsewhere, official aptitude maximized; expense minimized. Reasons in detail, the following—See, moreover, Section 15, Remuneration; Section 16, Locable who; Section 17, Located how.

Ratiocinative.

Art. 3. I. Appropriate moral aptitude.

I. The state of the law being given,—for every practical purpose, appropriate moral aptitude must be considered as exactly proportioned to the strictness of the functionary’s dependence on public opinion: understand thereby the general tenor of the exercise given by the Public-Opinion Tribunal to its power: exception made of any such aberrations from the path marked out by the greatest happiness principle, as, on the part of that body, happens, in the place and at the time in question, to have been produced and maintained, by deficiency in appropriate intellectual aptitude.

II. Singly-seated, a functionary finds not any person on whom he can shift off the whole or any part of the imputation, of a mischievous exercise given to any of his functions. Not so, when he has a colleague.

III. No person does he find to share with him in the weight of that odium.

IV. No person does he find in the same situation with himself, engaged by the conjunct ties of self-regarding interest and sympathy, to support him under the apprehension of it, by the encouragement given by their countenance.

V. He has it not in his power, without committing himself, to give to an indefensible exercise made of his functions, half the effect of a vote,—namely, by purposed absentation and non-participation.

VI. He finds not, in the same situation with himself, any person to share with him, and in proportion draw off from him, the whole, or any part, of any lot of approbation, whether on the part of his superiors in office, or the public at large, that may come to be attached to extra merit, in any shape, manifested on the occasion of any exercise given to his functions.

VII. His reputation stands altogether upon the ground of his actions. He finds not in the same situation, any person to help him, as numbers help one another, to raise a schism in the public,—and, by the mere force of prejudice,—without evidence, or in spite of evidence, in relation to specific actions,—to draw after them the suffrages of the unreflecting part of it.

Ratiocinative.

Art. 4. II. Appropriate intellectual aptitude, cognitional and judicial.

VIII. By a single seated functionary, intellectual aptitude is likely, from the above-mentioned causes, to be acquired and maintained in a higher degree than by a conjunctly seated functionary, in so far as aptitude in this shape is the fruit of exertion.

Ratiocinative.

Art. 5. III. Appropriate active aptitude.

IX. On the part of a singly-seated functionary, appropriate active aptitude is likely to be acquired and maintained, in a higher degree than by a conjunctly seated functionary, in so far as aptitude in this shape depends upon the joint power of intellectual aptitude and exertion.

Ratiocinative. Expositive.

Art. 6. IV. Collateral end or ends of administration: exclusion of delay, vexation, and expense.

X. Only in the case of a singly-seated functionary can promptitude, or say despatch, be maximized.

XI. A singly-seated functionary has but one opinion, and one set of reasons, to give.

XII. No person’s opinion has he to wait for.

XIII. No person has he to debate with, to gain over, or to quarrel with.

XIV. No person has he to put unnecessary questions to him,—to propose unnecessary steps,—or to necessitate useless adjournments.

XV. To suitors—that is to say, to persons having business at the office,—causes of delay are, in a large proportion of the number of individual cases, to a greater or lesser amount, causes of expense.

Ratiocinative.

Art. 7. The addition made, as above, to the above-mentioned evils by plurality, bears a pretty exact proportion to the number of the seats.

Ratiocinative.

Art. 8. So many seats, so many sets are there of persons, who, by community of sinister interest, stand engaged to secure the possessor of the situation against responsibility in every shape, for delinquency in every shape.

Ratiocinative. Expositive.

Art. 9. In each set of persons thus linked together by a community of sinister interest, distinguishable component members are the following—

Art. 26. Rule. Be the situation what it may,—if there be more business than a single functionary is sufficient for,—according to the nature of the business, keep for the principal member a certain portion of it, establishing additional single-seated situations, one or more, either in co-ordination or in subordination, with reference to the original one. The distribution, the declared existence of which forms the only alleged reason in support of the Board system, will thus be to a certainty effected: whereas, otherwise, it may be pretended to be effected, without being so in reality.

Ratiocinative. Instructional.

Art. 27. In the case of the English Boards, what there is of irresponsibility, as above,—though in every instance it keeps the Members in a great degree exempt from the authority of the Public-Opinion Tribunal, and in that same degree deprives the public of that security for appropriate aptitude and good conduct,—does not exempt them in any degree from the absolute and arbitrary power of the Monarch. In the Chief of each Board, under whatever name, he beholds the sole and all-sufficient instrument of his will; and, for the purpose of giving effect to it by the direction given to the proceedings of the Board, the object of his confidence. By him, every Member of every Board may at any time be dislocated at pleasure: all but the Chief, in case of non-compliance with the direction of the Chief: the Chief, in case of non-compliance with the direction of the Supreme Board, the Cabinet, the Members of which are, every one of them, at every instant dislocable by that same universal Master;* and, for this purpose, though to the public nothing is on any occasion known of the part taken by any one of them,—yet by him, through the medium of the Chief, everything is known of the part taken by every one of them. Under this form of government,—a Board, though in so great a degree unapt as a security for good rule, is, as may be seen, completely apt as a security for misrule. What then is it that prevents the despotism from being in that one hand consummate? The answer belongs not to this place. See as to this matter, Ch. xvi. Quasi Jury.

Instructional. Ratiocinative.

Art. 28. Correspondent and opposite to the case of the union of divers persons in one official situation, is that of the union of divers official situations in one person. Cases in which a demand for this union may have place are the following—

Case I. For the business of the several situations, the applicable time of one individual sufficient. Of causes of demand in this case, examples are—

1. On the part of all,—need of the service of one and the same subordinate or set of subordinates, at the same time.

2. Saving of the time necessary for conveyance of appropriate information from one to another, in so far as information, necessary to all, is, in the first instance, received by any number less than all.

3. Saving of expense: more particularly expense in remuneration.

For eventual instances of all these causes of demand, see Section 2, Ministers and Subdepartments.

Instructional.

Art. 29. Case II. By reason of the smallness of the local field of service and the logical field taken together,—unfrequency of the individual instances of demand, for the exercise of the functions belonging to the several situations.

For examples, see Ch. xxv. Local Headman; Ch. xxvi. Local Registrar. In the situation of Local Headman, number of functions belonging to the Administrational Department, eleven; to the Judicial Department, five; total, sixteen: many of them widely dissimilar.

Ratiocinative. Instructional.

Art. 30. Thus it is—that, at the top and at the bottom of the official climax, the greatest scope for the union of functions of different natures has place: at the top, because there the functions are chiefly of the directive kind; and to the directive function, exercise may, in minute portions of time, be given to the operations of functionaries, in indefinite number: at the bottom, because, for the performance of the functions, though of the executive kind, the demand for performance will generally be so unfrequent.

Instructional.

Art. 31. At the first formation of the official establishment, on no other ground than that of conjecture can any determination be formed, as to the number of distinguishable sets of functions, to which the service of one and the same individual will be sufficient to give exercise. Thereafter, a more substantial and appropriate ground will be afforded, by experience, observation, and experiment. But, in the nature of the case, at one time the demand for augmentation, at another time the demand for diminution, will be presented by incidental occurrences.

Suppose the maximum of frugality attained in the first instance, yet thereafter increase of population, whether in the whole territory of the State, or only in this or that section of it, will naturally become productive of a demand for augmentation in the number of official situations,—and this, without any infringement of the expense-minimization rule.

Exemplificational. Instructional.

Art. 32. In English practice, in regard to the number of official situations, the same Official Establishment exhibits, in one department—the Administrational—a vast redundancy;—in another department—the Judiciary—a vast deficiency. Of two systems in appearance so inconsistent, a common efficient cause may be seen in the all-ruling sinister interest. In the Administrational Department, all functionaries being, in every situation, in effect, dislocable, as well as locable, at the command of the supreme authority,—and at the same time endowed with emolument, mostly in vast excess,—the greater the aggregate mass in number and value, in the greater degree is the sinister interest on the part of locating rulers, benefited: and note, that in this Department, the emolument is in general composed exclusively of salary without fees; and is thence not increasible by any act on the part of incumbents.—In the Judiciary Department, on the contrary,—the emolument being increasible and increased, by fees exacted by locators for themselves and their locatees,—the greater the number of judicatories of subordinate grades, the incumbents of which would not be locable by them, the greater would be the quantity of business intercepted, and prevented from finding its way to their shops. Hence a compound, composed of sale of what is called justice, and denial of it; denial, to wit, to all those who cannot afford to buy it: and by both sale and denial, the sinister interest benefited: shape of the benefit, in so far as the sale has place, emolument: in so far as denial, ease.

Instructional.

Art. 33. A memento for which, on this occasion, a demand might seem to have place,—is a caution not to unite, in the hands of one and the same person, two or more offices, termed, for shortness, incompatible: an appellation by which have been designated offices, the possessor of one of which is in any way subordinate, or in any way immediately responsible, to the possessor of the other. Reason, the control would, by any such arrangement, be annihilated. But, an arrangement thus palpably absurd—scarcely could it be realized but in a more or less disguised form: as where the two official situations are, one or both of them, many-seated: and in the present Code have been inserted, even without any design directed to this end, two arrangements, either of which would, so long as it lasted, suffice to exclude all demand for any such caution. One is—the non-existence of any many-seated official situation under that of the Legislature: the other—the dislocability, of the possessor of every official situation under the Legislature, by any one of several authorities.

Instructional.

Art. 34. More obviously to the Judiciary Department than to the Administrational belongs the caution here given: and but for English practice, scarcely could there have been any demand for it. Under this form of government, an all-ruling, although, (as may be imagined,) not a declared principle is—what may be termed the self-judication principle:—Every man judge over himself. Examples follow.

Exemplificational.

Art. 35. I. In case of breach of official duty, from the lowest to the highest degree of enormity, in the highest situations—the Cabinet, for example,—no penal Judicatory but the House of Lords, no accuser but the House of Commons: and, of the Cabinet, every Member is so either of the House of Lords, or of the House of Commons.

Exemplificational.

Art. 36. II. Anno 1826. In the House of Commons, complaints after complaints, during a long course of years, (grounds of complaint having existed during a much longer,) of inaptitude, intellectual and active, on the part of the head of the law: complaints of moral inaptitude,—(conniving at, and profiting by, extortion practised to vast amount, on false pretences,) though so much more flagrant as well as notorious, being, as usual, studiously suppressed. To stop the inquiry in the House of Commons, a fellow Member of the Cabinet proposes a Board of Commissioners to be named for inquiry into the aptitude of the system of procedure, under which the Judge in question is acting: the proposal, acquiesced in of course. Locator of these Judges—in name the King; in effect—sole Locator—and by his countersignature, even in name,—the Judge so complained of.

Connected with this principle, and constituting a ground for it, is an article in the political creed, not the less universally professed by not being subscribed to, in the political creed:—impeccability of all persons whose situations in the official establishment are of a certain altitude. Exemplifications and proofs might fill a volume: for, by these principles, is practice—throughout—and in particular judicial practice, as well as language, determined.

Section IV.

Functions in all.

Expositive.

Art. 9. By the absence of obligation to forbear meddling with it, is constituted your simple, or say natural or natred right to anything that is yours: by the obligation imposed on your neighbour to forbear meddling with it, and to forbear obstructing you in the use of it, is constituted whatever factitious, or say sanctional and exclusive right you have to it.†

Enactive. Expositive.

Art. 44. First, as to functions regarding persons. These are—

I. The Locative: exercised by placing individuals in the several official situations. It is as to persons what the presently mentioned procurative is as to things and money. As to this function, see Section 16, Locable who; and Section 17, Located how.

II. The Self-suppletive: exercised by giving location, actual or eventual, to Deputes, and thus providing for the insufficiency in number or aptitude on the part of Principals: another mode of the procurative.

III. The Directive: exercised by giving direction to the conduct of Deputes or Subordinates, in relation to the business of the Sub-department.

IV. The Dislocative: exercised by removing Deputes or Subordinates out of their several situations. This is as to persons what the presently mentioned eliminative is as to things.

Sub-modes of location are—

1. Allective, or say remunerationly operating, or say engagement; to wit, by free consent and contract: function, the conductive.

2. Compulsive, or say punitionally operating, or say pressing; to wit, without consent: function, the compulsorily procurative.

Bis-sub-modes of location, allective and compulsive together, are—

1. Promotion in the same line.

2. Simple dislocation.

3. Suspension.

4. Transference permanent to a superior grade in a different line.

5. Transference temporary to a superior grade in a different line.

6. Transference permanent to an inferior grade in a different line.

7. Transference temporary to an inferior grade in a different line.

8. Transference permanent to an equal grade in a different line.

9. Transference temporary to an equal grade in a different line.

Enactive. Expositive.

Art. 45. Next as to functions regarding things: things immoveable, things moveable, and money, included.

V. The Procurative: exercised by procuring and attaching to the service the things in question. It is, as to things and money, what the locative is as to persons.

Enactive. Expositive.

Art. 46. Sub-modes of procurement are—

1. Purchase: function, the emptive.

2. Hire: function, the conductive.

3. Fabrication: function, the fabricative.

4. Requisition: to wit, from some other Department or Sub-department: function, the requisitive: followed (in so far as the requisition effects its object) by.

5. Receipt: to wit, ab intra: function, the transreceptive: wherein is supposed, and of necessity included, as exercised in the other Department or Sub-department:—

6. Transmission: to wit, to this Department: function, the transmissive.

Art. 52. X. The Eliminative: exercised by removal of the thing in question out of the custody of the functionary in question.

It is as to things and money, what the dislocative is as to persons.

Enactive.

Art. 53. Submodes of elimination are—

1. As to things, in the case in which application to use consists in rapid and destructive consumption,—for example, in the case of things applied to the purpose of food, drink, heating, lighting, explosion,—application accordingly: function, the consumption-authorizing.

2. Sale: function, the venditive.

3. Donation, or say gift: function, the donative.

4. Letting out to hire: function, the lease-letting, or say the mercede-locative.

In this case, in so far as the contract has been fulfilled, follows retroacception: function, the retroacceptive: a submode, as above, of the procurative. If the lessee be—not an individual at large, but the appropriate functionary belonging to some other Sub-department or Department,—correspondent and precedent to such retroacception will have been retrotransmission from the last-mentioned Sub-department or Department, as above: function, the retrotransmissive.

5. Commodation, or say lending out: function, the commodative.

6. Ejection, without making use of it in any shape, or transmitting it to any other Sub-department or Department: ejection, to wit, on the supposition of its being valueless: function, the ejective.

Enactive. Expositive. Instructional.

Art. 54. XI.—The Inspective: exercised by surveys made, preparatory to exercise eventually given to the directive function. To it must be added, or in it included, the quasi-inspective. As to this, see Section 11, Information-elicitative function. It has for its objects, in a more particular manner than any of the former, two distinguishable, howsoever intimately connected, operations or courses of action: to wit, 1, maximization of the aggregate of good, producible by serviceable dispositions made of the subject-matters in question: 2, minimization of the aggregate of evil, producible by the disserviceable dispositions and accidents to which they stand respectively exposed.

Instructional. Expositive.

Art. 55. As often as, for the exercise of the Inspective function, change of place is necessary, a different denomination may be of use in speaking of it: to wit, the visitative. As to this, see Section 9, Inspective function.

Enactive. Expositive. Instructional.

Art. 56. Now, as to functions regarding persons, things, money, and occurrences. These are—

Art. 64. Of the sorts of things, the need of which will have place in every Department and Sub-department, examples are as follows:—

I. Things unmoveable.

i. The edifice or apartment, in which the business of the Department or Sub-department is carried on. As to this, see Section 26, Architectural arrangements.

ii. The land, if any, attached to it.

II. Things moveable.

iii. 1. Furniture, and other such part, of the moveable stock as are put to use otherwise than by rapid consumption.

iv. 2. Stationery ware: that is to say, instruments and materials employed in writing.

v. 3. Instruments and materials employed in lighting, warming, and cooling. As to these several matters, see Section 7, Statistic function—Bissection iv.Loss Books.

Expositive.

Art. 65. Functions mutually competitional, or say antagonistic. Understand by this denomination those functions, as to which, on this or that occasion, option may require to be made, by the appropriate functionary, as to which of them, exercise shall on that same occasion, be given to.

Expositive. Instructional.

Art. 66. Of functions capable of thus coming into competition, examples are the following:—

Art. I. In the several Administration Sub-departments established by this Code, divers degrees or say grades, in the scale of subordination, will be found necessary: necessary thereupon will be found expository matter, under the subheads following:—

1. Subordination—its efficient causes.

2. Superordinateness and superiority—their difference.

3. Super and sub-ordination—their grades.

4. Subordination—accountability—responsibility—their mutual relation.

5. Ulterior grades—efficient causes of demand for them.

6. Connexion between demand for grade and demand for pay.

Expositive.

Art. 2. Subordination supposes superordination. Subordinateness is a mode of inferiority; superordinateness, of superiority: for the modes, see Art. 4.

Expositive.

Art. 3. Of subordination, the efficient cause is—power: viz. of the superordinate in relation to the subordinate.

Instructional. Expositive.

Art. 4. Modes of power necessary, are the following—

1. Power of direction: corresponding function, the directive.

2. Power of suspension: corresponding function, the suspensive.

3. Power of dislocation: corresponding function, the dislocative.

4. Power of punition: corresponding function, either the punitive, or the punifactive.

5. Power of suppletion, that is to say, of fresh location, in case of suspension or dislocation: corresponding function, the suppletive.

Modes of power, not necessarily but incidentally capable of being usefully employed, are, in this case, powers transferential, permanent or temporary, to an equal or inferior grade, and sistitive, or say promotion-stopping. As to these, see Section 20, Insubordination obviated, and Section 21, Oppression obviated.

Instructional.

Art. 5. In the hands in which the directive function is, must be the suspensive and temporarily suppletive: in the superordinate’s must be the permanently suppletive: in the superordinate’s, to a certain extent, must be either the punitive, or the punifactive: in a Judicial functionary must, for this same purpose, be the punitive to an ulterior extent.

Instructional. Ratiocinative.

Art. 6. Either with the directive, the superordinate must have the suspensive function, or he cannot be made responsible for misconduct on the part of the subordinate. But, the degree of the necessity will depend upon the nature of the work, coupled with the distance between the grade of the directing functionary and that of his next superordinate.

Instructional. Enactive.

Art. 7. In respect of punitive power, the Judiciary functionaries are superordinate to the Administrational in all Sub-departments: not so, in respect of directive, suspensive, dislocative, transferential, or suppletive.

Expositive.

Art. 8. To the several grades in the scale of subordination, one beneath another, taking that of the Minister for the highest and the common object of reference, attach the several denominations following, taken from the numeration table.

1. Minister’s immediate subordinate, call him Prime Subordinate: correspondent grade of subordination, grade the first.

2. Minister’s immediate subordinate’s immediate subordinate, call Minister’s Bis-subordinate: grade, the second.

3. Minister’s immediate subordinate’s immediate subordinate’s immediate subordinate, call Minister’s Tris-subordinate: grade, the third: and so on through the numeration table.

Instructional. Ratiocinative.

Art. 9. In the present case, of necessity is the highest grade taken for the common object of reference in forming the scale of corresponding denominations. For, in every department, the name of the highest will at all times be the same. But the number of the grades,—and consequently in this mode of denomination, the name of the lowest,—will continually be liable to be on the change.

Expositive.

Art. 10. Without and instead of the word superordinateness, the word superiority would not, on this occasion, have answered the purpose. Superordinateness is not either identical or co-extensive with superiority; subordinateness, with inferiority: superordinateness is but one mode of superiority, subordinateness, of inferiority. Without superordinateness, superiority may have place even by means of legal power; as well as without being accompanied with legal power: I. By means of legal power: to wit, over a third person: the third person being or not being in a state of subordinateness as to either or both the superiors, having in relation to such third person, more power than the inferior has.

Expositive.

Art. 11. Example. If by directive and suspensive power, a superordinate in the Administrative Department can produce more suffering on the part of a subordinate, than, in execution of a law, bearing upon any part of his conduct, the Judge can,—the superordinate member of the Administrative will, in so far, be superior in power to the Judge.

Expositive.

Art. 12. So, to an indefinite extent is superiority universally considered and spoken of as having place, without being accompanied with legal power in any shape on the part of the superior over the inferior. In this case, the field and line of comparison may be the quantity possessed by the superior and inferior respectively of any desirable quality or possession. Examples of such qualities and possessions are as follows:—

1. Personal strength.

2. Personal beauty.

3. Moral accomplishments.

4. Intellectual accomplishments, (cognitional.)

5. Intellectual accomplishments, (judicial.)

6. Useful or graceful activity in any line.

7. Skill in pastimes of any sort.

8. Agreeableness in conversation, and private intercourse, say urbanity.

9. Opulence.

10. Factitious honour and dignity.

11. Influence of will on will.

12. Influence of understanding on understanding.

Instructional.

Art. 13. Note here the distinction and difference between subordinateness with the attendant specific inferiority in respect of power on the one part, and inferiority at large on the other part.

Expositive.

Art. 14. Example. Foreign Relation Department: political missionary line, Scale of Grades in rank, beginning with the highest;* in no one of them correspondent subordinateness on the part of the inferior.

I.

Rank.

1. Ambassador extraordinary.

2. Ambassador ordinary.

II.

Rank.

3. Envoy.

4. Minister Plenipotentiary.

III.

Rank.

5. Minister.

6. Resident.

7. Chargé d’Affairs.

Ratiocinative.

Art. 15. Even in a Representative Democracy, observance of these distinctions is necessary: cause, the need which, under this as under every other form of Government, there is, of keeping up communication with the Governments of other states.

Instructional. Expositive.

Art. 16. In the Anglo-American Union, the highest grade for which provision is made in this line, is that of Envoy Extraordinary and Minister Plenipotentiary. It rests with those to whom it belongs, to show why even the lowest grade might not as well suffice as under Frederic styled the Great of Prussia, an Envoy or Resident of the lowest grade (the Chevalier Mitchel) sufficed: sufficed, even at the Court of London, on which the monarch was dependent for his existence. In that case, the importance of the sending state, and of its business to the state sent to, was trusted to as a sufficient security for the requisite degree of attention. With those to whom it belongs, it rests to show why the case should be otherwise in the instance of the Anglo-American Democracy.

Expositive. Ratiocinative.

Art. 17. Correspondent and concomitant to subordinateness is accountableness. By accountableness understand subjection to the obligation to exercise the statistic function, (as to which see Section 4,) as to operations performed by the subordinate, in consequence of, and compliance with the corresponding exercises given to the directive power of the superordinate: for, without such accountableness, the directive power cannot be efficient.

Expositive. Instructional.

Art. 18. Such obligation, on the part of the accountable subordinate, supposes correspondent powers or rights on the part of the superordinate; powers, in so far as exercisable without recourse to a Judge: viz. by means of suspensive power and punifactive power, as per Arts. 4, 5, 6, 7: right, in so far as not exercisable but by means of recourse to a Judge, for the purpose of giving to the punifactive power the effect of punitive.

Instructional.

Art. 19. Of accountableness at large, accountableness in respect of money is the mode most frequently brought to view.

Instructional.

Art. 20. Eventual obligation of making transfer of the subject-matter is a natural and frequent, but not necessary accompaniment of it.

Expositive.

Art. 21. Correspondent and concomitant to subordinateness, and accountableness is responsibility: efficient causes the same.

Instructional. Ratiocinative.

Art. 22. By superordinateness, no increase of pay is rendered necessary or requisite. Pay, as per Section 17, Located how, is, by the pecuniary competition, minimized. Power being, as well as money, part and parcel of the matter of reward,—of any addition to power, the effect in respect of demand for emolument, is—not addition, but subtraction.

Instructional. Ratiocinative.

Art. 23. Nor, by superiority in factitious dignity: under this Code, no factitious dignity being admitted.

Ratiocinative. Instructional.

Art. 24. Nor, by need of official intercourse: the manifold writing system, as per Ch. viii. Prime Minister, Section 10, Registration System, minimizing the expense of transmission of statistic matter, wheresoever the information conveyed by it can be of use.

Expositive.

Art. 25. In every case where, between one functionary and another,—intercourse, either for the purpose of direction, that is to say of directiveness and directedness, is needful, a grade in the scale of subordination has place.

Instructional. Ratiocinative.

Art. 26. In any Sub-department,—in the shape of constant account-giving, need of subordinateness may have place, on the part of a functionary, in whose instance there is no need of his taking constant direction from the superordinate to whom he is thus accountable.

Uses of account-giving in this case.

1. Securing constancy of supply,—in respect of appropriate stock in all shapes, and money, necessary and sufficient for the branch of service under his charge.

2. Prevention of needless delay.

3. Prevention of misconduct in every other shape; to wit, by fear of eventual punishment.

Expositive.

Art. 27. Examples.

1. Army Sub-department: appropriate operation, construction of fortifications.

2. Navy Sub-department: appropriate operation, construction of navigable vessels, ships, docks, &c.

3. Interior Communication Department: appropriate operation, construction of canals, bridges, tunnels, &c.

4. Domain Sub-department: appropriate operation, working of mines. In all these cases the operations of planning, and directing the execution, will naturally be performed—not by the Minister, but by an appropriate skilled functionary. Not only to such his immediate superordinate, will account be accordingly given by such his subordinate, but also to the Minister; including a regular account of progress.

Instructional.

Art. 28. By mere distance, without need of any such determinate superiority as per Art. 26, in respect of appropriate skill, a demand may be created for a grade in the scale of subordination for the purpose of direction.

Expositive.

Art. 29. Examples. Foreign Relation Department: station of Commercial State Missionaries, or say Consuls. For the service of two stations,—at the same distance, the one as the other, from the Foreign Relation Minister’s official residence,—no demand can have place for a Consul at the one, and a Vice-consul at the other. But between station and station suppose a certain distance,—it may be necessary that, under one such agent, there may be one or more,—taking direction from him, and even eventually undergoing dislocation by him, followed by temporary location of a substitute, before those functions can respectively be exercised by the Minister.

Instructional. Expositive.

Art. 30. So perhaps it may happen in the case of the Letter-post branch of the business of the Interior Communication Minister’s Sub-department. Examples.

2. Subordinate of the highest grade, the Secretary for Colonies and War.

Professional Functionaries.

3. Bis-subordinate, the Commander-in-Chief so styled, Duke of York, Brother of the King, and Successor Presumptive.

4.	Tris-subordinates, the Field-Marshals: as per Royal Calendar, anno 1825, number of this grade	6
5.	Quadries-subordinates, the Generals: number	86
6.	Quinquies-subordinates, the Lieutenant-Generals: number	215
	Together	307
7.	Sexties-subordinates, the Major-Generals: number	259

Instructional.

Art. 38. Where, as to this same matter, the end of government is maximization of official aptitude, coupled with minimization of expense, the number of the highest-paid grades will be minimized, for minimization of the expense.

Expositive.

Art. 39. Example in the Anglo-American United States’ Army Sub-department.

1. Superordinate of the highest grade, officiating as the English King, only in case of necessity, the President.

2. Subordinate of the highest grade,—a non-military functionary,—Secretary of the War Department.

Professional Functionaries.

3. Bis-subordinates, the Major-Generals: number, 1.

Commander-in-Chief, Field-Marshals, Generals, and Lieutenant-Generals, none.

Expositive.

Art. 40. Example from the English Navy Sub-department.

I. Superordinates of the highest grade under the King, the Lords Commissioners of the Admiralty, acting in the form of a Board,—accordingly no otherwise than conjunctly: number, 5.

Professional Functionaries.

1. Subordinate of the highest grade, Admiral of the Fleet and General of Marines, Duke of Clarence, Brother of the King.

2.	Bis-subordinates, the Admirals of the Red: number	16
3.	Tris-subordinates, the Admirals of the White: number	17
4.	Quadries-subordinates, the Admirals of the Blue: number	18
5.	Quinquies-subordinates, the Vice-Admirals of the Red: number	21
6.	Sexties-subordinates, the Vice-Admirals of the White: number	22
7.	Septies-subordinates, the Vice-Admirals of the Blue: number	21
8.	Octies-subordinates, the Rear-Admirals of the Red: number	22
9.	Nonies-subordinates, the Rear-Admirals of the White: number	24
10.	Decies-subordinates, the Rear-Admirals of the Blue: number	25
	Together	186
11.	Superannuated Admirals	29
	Total	215

In the case of the superannuated admirals, pay mentioned, twenty-five shillings per day: in the other cases, pay not mentioned.

Instructional. Expositive.

Art. 41. Parallel examples from the United States’ Navy Sub-department, anno 1824.

1. Superordinate under the President, the Secretary of the Navy.

2. Subordinates of the highest grade, the Commissioners of the Navy, acting in the form of a Board: accordingly no otherwise than conjunctly: number, 3.

Professional Functionaries.

1. Subordinates of the highest grades, Captains: titles, when in the command of divers vessels composing a squadron,—as in the English service, Commodores. Admirals, of any grade, not one.

Instructional. Expositive.

Art. 42. The Sub-department in which the number of the grades will naturally be the least, is the Legislation Minister’s. Under him, decidedly necessary, it will perhaps be seen, are no other functionaries than a Registrar, and under him Writing Clerks in indefinite number.

But, for the assistance of this minister, either in the capacity of Deputes, or immediate Subordinates, functionaries in any number may be found necessary: necessary, according to the magnitude of the State, and the nature and quantity of the business allotted to that same Sub-department.

Instructional. Ratiocinative.

Art. 43. To every considerable directive situation, an indispensable Subordinate will be a Registrar. But, in that office, the mode and degree of subordination requires a mode of limitation that has not place in any other. As to omission, it must not be in the power of a Registrar’s immediate Superior whose acts he records, to compel, whether in a direct or indirect way, the omission of any apt entry: in an indirect way, for example, by so taking up his time with useless or needless entries, as not to leave time sufficient for needful ones.

As to insertion—compelling the insertion of false or otherwise improper entries—the mischief cannot be near so great as that of compelling the omission of true and appropriate ones: for, in this case, the misconduct presents to view its own evidence: all that the Registrar will have to prove, is—the fact of the compulsion: and of this fact, the entry may accompany the other entries.

Instructional.

Art. 44. Wheresoever, for the despatch of the business belonging to an official situation, need has place for writing, in greater quantity than the occupant of that situation can himself perform within the time requisite,—need has place for a Writing Functionary styled a Clerk, by whom, for this purpose, direction cannot but be taken from the other and first-mentioned functionary. In every Sub-department, the grade of Writing-Clerk will in this way be the lowest, as will that of Minister be the highest, whatsoever be the number of intermediate grades.

Instructional. Ratiocinative.

Art. 45. But it follows not that the pay of the directing must be greater than that of the writing functionary. The reverse will generally be the case. For, without pay, the Writing-Clerk, having no power, can scarcely ever have any adequate inducement for bestowing his labour: whereas the functionary, to whom his office gives power, may, in many cases, as per Art. 22, find, in that same power alone, an adequate inducement.

Instructional.

Art. 46. Note the distinction between the number of grades and the number of official situations necessary.

Instructional. Expositive.

Art. 47. Instance, the Finance Sub-department. In that Sub-department, for every office at which revenue is collected, a subordinate, with a correspondent Registration System, as per Ch. viii. Section 10, will naturally be indispensable: while, in all those instances, the grade of these several functionaries in the scale of subordination may be the same.

Instructional. Ratiocinative.

Art. 48. Rule, as to the proper number of grades in a Sub-department. Unless for special and preponderant need,—between the grade occupied by the functionary by whom the course of operation is carried on, and the Minister of the Sub-department, establish no intermediate grade.

Reason. Of every such intermediate grade, necessary concomitants are—complication, delay, vexation, and expense.

Section VI.

Self-suppletive function.

3. Need of his attendance, at a place where the business cannot accompany him without preponderant inconvenience: for instance, when absent from Office, on an Inspection progress, as per Section 9: or when on attendance in the Legislation Chamber, as per Section 8.

Enactive.

Art. 8. Locable in the situation of Minister Depute permanent are all those, and those alone, who are so in that of Minister Principal, as per Section 16, Locable who.

Enactive.

Art. 9. Dislocable or suspendible at any time is the Minister Depute by the Principal, as likewise by any of the authorities by which the Principal is dislocable as per Section 18, Dislocable how: and this without the judicial forms such as those made requisite in and by Section 21, Oppression obviated.

Enactive.

Art. 10. Exceptions excepted, this same power of self-supply, together with the obligation of exercising it, and the dislocation and suspension powers, as above, attached to it,—will be possessed—not only by the Minister of every Sub-department, but by the several functionaries, occupying the several situations, in the several grades, subordinate to that of Minister.

Enactive. Instructional.

Art. 11. Exceptions are—

1. In the Army Sub-department, the offices belonging to the Military, or say Professional branch.

2. So, in the Navy Sub-department.

3. Such offices, if any such there should be, in the case of which, by special reasons, it shall have been made appear to the Legislature that this institution is unsuitable.

Instructional. Ratiocinative.

Art. 12. Beneficial effects resulting from the allotment of this function to functionaries belonging to the Administrative Department, are the following—

1. Number of functionaries at all times sufficient, at no time redundant.

2. Frugality secured, by exclusion of pay for superfluous and needless number of principal unpaid functionaries.

3. Frugality secured, by the gratuitous obtainment of all but one of whatsoever number of functionaries may happen to be respectively needed for the several offices.

Instructional. Ratiocinative.

Art. 13. No ground has place for any such apprehension as that of a deficiency in the number of apt persons ready and willing to serve as Deputes, in any office in which there are persons serving as Principals. Reasons are—

1. Of the offices, to which either power or honour in any shape is attached,—in few, if in any, would be found (it is believed) any deficiency, in the number of individuals, whose services remuneration in both these shapes, or even in no more than one of them, would be sufficient to engage, without remuneration in a pecuniary shape, either in possession or expectancy: and, proportioned in value to whatever remuneration there is in possession, will be remuneration in expectancy: always understood, that, because remuneration in these non-pecuniary shapes might suffice for official service, with the laxity of attendance, which, under other systems, is to a great extent tolerated, it would not follow, that remuneration in these shapes would suffice for procuring the closeness of attendance, which, under the present system, is uniformly exacted.

2. In point of experience, generally speaking, whatsoever profit-seeking occupation persons of adult ages are engaged in, in the situation of masters,—other persons in adequate number are, in a non-adult age, ready and willing to learn and carry on in the situation of apprentices.

In every office, the relation of a Depute to the Principal is analogous to that of an Apprentice to a master in a non-official occupation.

Section VII.

*Statistic function.**

Bis-section the First. All Books together.

Instructional.

Art. 1. This Section has for its object the bringing together in the aggregate, all the several operations, which, in the exercise given to the statistic and recordative functions, as applied to the business of the Administrative Department, can require to be performed: the operations themselves, and thence the subject-matters in relation to which, the instruments by the help of which, and the official places in which, those same operations are carried on.

For any such purpose as that of original information, many of the particulars which it will here be necessary to present to view, will be apt to appear, and indeed would be, needless and useless: none however are there, to which, incidentally, it may not happen to be found needful and useful, for the purpose of reminiscence. This distinction should never be out of view. Moreover, as to information, between the needful and the needless, the distinction will always be, in great measure, not absolute but relative; that which is needless to one person, being needful to another: and, to complete a whole, and render every part intelligible, particulars, which, taken each of them by itself, would be altogether trivial, may, to a considerable extent, be necessary.

Instructional. Expositive.

Art. 2. In regard to this function, and the exercise to be given to it, topics for consideration are as follows—

1. Objects, or say ends in view, uses, and thence purposes, of the several operations, in this as in every other part of the business of this and the several other Departments enumerated in Section 2. Art. 1. Expressed in the most general terms, these objects may be distinguished into—1, maximization of appropriate good;—2, minimization of relative evil.

2. Subject-matters, in relation to which the operation is performable. As to this, see Section 4, Functions in all.

3. Relative times, of the existence of those same subject-matters, in such their character. These are—1, entrance; 2, continuance; 3, exit.

4. Entries, that is to say, portions of written discourse, by the penning of which, the act of registration, as to those several subject-matters, is performed.

5. Books: Register Books, composed of so many aggregates of those same entries.

6. Uses in detail, derivable from the matter of these several Books: relation had to the respective businesses of the several Sub-departments.

7. Offices: Official Residences, in which this system of registration will be carried on.

8. Securities for correctness and completeness in the aggregate mass of the above-mentioned entries.

Under these several heads, follow in the order here expressed, the appropriate details.

Ratiocinative.

Art. 3. I. Ends in view. 1. Maximization of appropriate good. Way in which registration contributes to this end:—presenting to view such information as to the past, as is necessary to the making, in regard to each several business, appropriate provision of the several subject-matters, for the future.

Instructional. Ratiocinative.

Art. 4. Proportioned to the clearness, correctness, and completeness, given to the results, will be the usefulness of this operation, and those its results. Under the worst-constituted governments, more or less of information, in relation to these several subject-matters, is obtained and preserved: here, the endeavour is—1, to optimize the quality; 2, to maximize the quantity. Yet, on no occasion, except in so far as the benefit from the operation promises to be preponderant over the burthen of the expense.

Instruments employed in relation to this end are—the proposed Outset Journal, Loss, and Subsidiary Books: as to which, see Bissections II. III. IV. and V.

Ratiocinative. Enactive.

Art. 5. 2. Minimization of relative evil. Way in which registration contributes to this end:—presenting to view past burthens in the shape of losses, with their causes:—on the part of directing functionaries, appropriate aptitude,—moral, intellectual, and active, being supposed the same in all cases,—the more clear, correct, and complete, the information possessed by them, under the several appropriate heads, the greater the probability of their preventing the like losses in future.

Instruments employed in relation to this end are—the proposed Loss Books: as to which, see Bissection IV.

Expositive.

Art. 6. II. Subject-matters of registration. As to these, see Section 4, Functions in all.

Instructional. Expositive. Ratiocinative.

Art. 7. III. Relative time. Periods of relative time, as above, are these: to wit, 1, entrance; 2, continuance; 3, exit.

Whatsoever be the Sub-department,—only in so far as employment, or say application to use, is made of it, can any such article of stock be made contributory to the good of the service of that same or any other Sub-department. In every case, entrance and continuance have therefore, or at least ought to have, and are supposed to have, for their design and end in view, employment, or say application to use.

Instructional. Expositive.

Art. 8. Of application to use, the description will, of course, be variable, according to the business of the Sub-department, and the nature of the article.

Of some sorts of articles, application to use is made during their continuance in the service; examples are—instruments of all sorts, employed in works of all sorts: of others, no otherwise than by means of their exit: examples are—1, articles employed in nourishment; 2, articles employed in the production of heat and light; 3, missile articles employed in war; 4, money.

Instructional.

Art. 9. IV. Entries. As in all other portions of discourse designed for instruction, so, in these,—properties desirable will be in each.—1, clearness; 2, correctness; 3, comprehensiveness; 4, in the aggregate of all, taken consecutively and collectively, 1, comprehensiveness; 2, symmetry.

Instructional.

Art. 10. Applied to the present case, an operation, which appropriate symmetry presents itself as requiring, is the following—

In case of any change of method as between any succeeding year and the preceding years,—for convenience in respect of reference, to each aggregate of entries penned before the change, substitute for use a fresh Book, exhibiting the same matter in the form given to those penned after the change: for security against errors, preserving at the same time, in the original form, those penned before the change.

Enactive. Expositive.

Art. 11. V. Books. Register Books. Taken in the aggregate, those which present themselves as adapted to the present purpose will be found distinguishable, in the first place, into 1, Service Books; 2, Loss Books. In the Service Books will be recorded the operations, by which the business of the respective Sub-departments is carried on: in the Loss Books, indications concerning the loss, which, in its various shapes, has been taking place in relation to the several subject-matters, as above, in the course of the service.

Enactive. Expositive.

Art. 12. Distinguishable will the Service Books be into 1, Outset Books, or say Inventories: 2, Journal Books, or say Diaries.

Outset Books again, into 1, Original Outset Books; 2, Periodical Outset Books: these Periodical Books commencing, each of them, at the commencement of some period, subsequent to the date of the Original Outset Book, which is also that of the earliest Journal Book.

Divisible into Specific Books will be each of the above-mentioned Books: principle of division, the subject-matter of registration.

The Original Outset Book into four Specific Books, to wit, the Personal, Immoveable, Moveable, and Money Books: so likewise the Periodical Outset Book, and the Loss Book.

The Journal, into the same four Books, with the addition of the Occurrence Book.

Relation had to these Specific Books, those within which they are respectively contained may be styled Generic Books. Of these same Specific Books, each will moreover be divisible, according to the three periods of relative time, into three Sub-specific Books: to wit, Entrance, Continuance, and Exit Book.

Enactive. Expositive.

Art. 13. (1.) Original Outset Book. This will consist of an Inventory of the whole stock of the Sub-department, or Subordinate Office in question: such stock being distinguishable into the four above-mentioned subject-matters, as they exist on the day of the commencement of the System of Registration here delineated.

Enactive.

Art. 14. (2.) Journal. This will consist of entries recordative of the occurrences styled interior, which, on the several days of the year, take place in respect of those same subject-matters: added will be such other occurrences of which, under the name of exterior occurrences, mention is also made in Section 4, Functions in all, Art. 14.

Enactive. Expositive.

Art. 15. (3.) Periodical Outset Books. Of these the description could not be given, till after mention made of the Journal Book. At the end of a certain length of time, the same causes which produced the demand for the original Inventory, will produce a demand for another, and so successively for others: if between each the lengths of time are the same, they will constitute so many Periodical Outset Books. Distinction between Solar Year and Service Year.—If the day, on which the Original Outset Book bears date, is the first day of that year,—the time intervening between the date of the Original Outset Book and that of each succeeding Outset Book, will be a year, commencing on the same day with the solar year: if it be any other day, the year which commences with it will require a different denomination, and may be termed a service year. Simplicity will require that the need of these distinctions be excluded: this will be done, by placing on the first day of the next solar year, the date of the second Outset Book, and so of every successive Outset Book.

Instructional. Expositive.

Art. 16. Super-books and Sub-books. By Super-books understand the books kept in the Minister’s office: by Sub-books, the books kept in the Offices subordinate to his. Correspondent to the denominations of the Offices considered with reference to their Grades, will be those of the Books; Offices,—Super-offices, Sub-offices, Bis-sub-offices, Tris-sub-offices; Books,—Super books, Sub-books, Bis-sub-books, Tris-sub-books.

Instructional. Ratiocinative.

Art. 17. VI. Uses: to wit, of the above several Books; and, in the first place, of the Service Books.

Aggregate, all-comprehensive and ultimate use, maximization of appropriate good, or say benefit, as above, to and by the service.

Instructional. Ratiocinative.

Art. 18. Particular, elementary, and instrumental uses, these—

1. On each day, showing the stock in hand for the next and succeeding days of that same year.

2. Contributing to form a ground for estimation of the ordinary demand and correspondent supply for the service of the succeeding years.

3. Contributing to present to view, within time, instances of extraordinary demand and extraordinary supply.

4. Thence, contributing to the making of timely provision for similar succeeding demands.

5. Indicating, in relation to the real stock, immoveable and moveable, belonging to the office, the most economical mode of procurement, as between fabrication, purchase, and hire, as to the several articles of which it is composed.

6. Furnishing data and standards of comparison, with a view to improvements in fabrication, in respect of serviceableness and cheapness: whether by substitution of more economical employment of the same materials, in the same modes,—or of different modes of fashioning or putting together those same materials,—or of more apt or cheaper materials.

7. In regard to purchase or hire, indicating past prices paid, with a view to economy by obtaining the article from the same or other dealers, in better quality, or at less price paid.

8. In regard to application of stock by sale or lease-letting,—indicating past prices obtained, with a view to increase of profit by disposing of the article to the same or other purchasers or hirers, at an increase of price received.

9. In respect of stowage, to wit, in receptacles, fixed and moveable, (as to which see Bissection II. Art. 8,) for the several moveable articles of stock,—indicating the demand, present and future probable, with a view to the prevention of deficiency at the several places where needed, or the more economical stowage of the quantity, actual or future probable.

Art. 23. VII. Offices, in which this system of registration will be carried on.

By the Office, understand here the building or apartment in which the business of the functionary in question is carried on. Allotted to every Sub-department, or, as per section 2, Ministers and Sub-departments, aggregate of united Sub-departments, there will be at least one building or apartment. In a Sub-department, to which, under the Minister, belong functionaries in other grades, acting each in a separate Office at a distance from his,—his will be the Head Office; theirs, Suboffices, of the several grades,—Bis-suboffices, Tris-suboffices, and so on. If, in any one such Office, need of this registration has place, so, with little or no difference, will it have in every other: in each will accordingly be kept a set of Books, with entries under the same or correspondent heads: call them, according to the grade of the Office, Sub-books, Bis-sub-books, or Tris-sub-books, as above, Art. 16.

BIS-SECTION THE SECOND. ORIGINAL OUTSET BOOKS.

Enactive.

Art. 1. Original Outset Book. I. Specific Book the first. Personal Stock Book. Heads of Entry. Examples—

1. Name of the official situation.

2. Name of the individual in all its parts.

3. Time of birth, as far as known: year, month, and day.

4. Place of birth, so far as known: District, Subdistrict, and Bis-subdistrict: if in a foreign country, indications analogous.

5. Condition in respect of marriage, whether Bachelor, Married-man, or Widower.

6. Time of location: year, month, day of the month, and week.

7. Other official situation, or situations, if any, in which he has successively been employed.

8. Remuneration to be received by him: shapes and yearly amount.

9. Office or offices, or other place or places, at which, on the day of entry he is, or at some future days, and what days, is destined to be, employed.

10. Locator, who: designated by his official and personal names.

11. Recommender, if any distinct from the Locator, who; designated in like manner,—for example, a functionary superordinate to the Locatee, but subordinate to the Locator.

12. If, and so soon as, the system of Official Instruction, or say Education, shall have been established, as per Section 16, Locable who, mention of the Examinations undergone by him, together with the clusters of branches of art and science, and his rank in each, as per Office Calendar therein mentioned.*

As to the personal stock of the Military branch of the Army and Navy Sub-departments, see Ch. x. Defensive Force.

Ratiocinative.

Art. 2. Uses of Entries under the above heads, considered in the aggregate.

1. Maximizing and optimizing the service derivable from each such person.

2. Minimizing the loss from him.

3. Indicating his degree of appropriate aptitude in all its several elements.

4. Giving additional efficiency, to the responsibility, imposed in respect of him, on the functionaries by whom he was recommended and located.

5. Crediting him in case of his extra-aptitude.

6. Indicating the aggregate strength and value of the entire personal stock at the outset, with relation to its several purposes.

Instructional.

Art. 3. Sub-departments, in the service of which, the application of this registration system to the personal part of the aggregate stock possesses, to wit, in respect of the natural magnitude of their number, a more particular degree of importance. Examples—

1. Army Sub-department.

2. Navy Sub-department.

3. Preventive Service Sub-department.

4. Interior Communication Sub-department: to wit, in respect of the functionaries belonging to the Letter-post.

Enactive.

Art. 4. Original Outset Book continued.

II. Specific Book the second. Immoveable Stock Book. Heads of Entry, in relation to each article. Examples—

I. The portion of land—its name.

1. Situation.
2. Dimensions.
3. Elevation above the sea.
4. Form of the surface.
5. Nature of the soil.
6. State in respect of culture.
7. State below the surface, in so far as known or inferred.

II. Erections on the whole or a part.

1. Aspect.
2. Exterior form.
3. Exterior materials.
4. Exterior dimensions.
5. Separate Apartments: their lights and dimensions.
6. Condition, in respect of fitting up.
7. Furniture.

III. Appurtenances, or say ground-works superficial: as yards, fences, bridges, &c.

IV. Appurtenances, or say ground-works subterraneous: as wells, drains, &c.

V. Obligations intervicinal, if any:—obligations of affording partial use of the land or ground-works to the occupiers of contiguous lands.

VI. Rights intervicinal, if any:—rights of making partial use of contiguous lands or ground-works.

VII. Uses made of the whole together: separate uses, if any, made of the several parts.

VIII. Persons employed in or about the land and building.

IX. Each person, how employed.

X. Things moveable from time to time brought on the land and stationed, at the day of date, in the buildings respectively.

XI. Keeper or keepers having in charge the whole, or the several parts. Function, the custoditive.

XII. Need, if any, and particulars, of reparation,—as per inspection and estimate.

XIII. Inspector or Inspectors, Estimator or Estimators, who, in this case.

XIV. Aggregate saleable value, as per estimate.

XV. Estimator or Estimators, who.

XVI. Aggregate leaseable value, as per estimate: Estimator or Estimators, who.

XVII. Capacity, and use, of increase, if any; with particulars of the nature, and estimated cost, of the means.

Ratiocinative.

Art. 5. Use, derivable from the confrontation of antecedent estimated cost with consequent actual cost—serving as a security against waste: to wit, by commencement of a work with insufficient funds: consequence, either abandonment of the work, with waste of the whole expense down to the time of stoppage, value of the materials alone deducted; or else continuance, under the pressure of a burthen unexpected and unprepared for.

On the footing of a mode of payment customarily exemplified in England, the interest of a professional person employed in building is in a state of natural opposition to that of his employer: the particulars of the work needed being settled, the interest of the employer calls upon him of course to minimize the cost; that of the employee to maximize it. Hence, peculation pro ratá; in which case, to gain a comparatively small profit, the employee is under the necessity of imposing on the employer an expense many times as great. In this case, the less the apparent and avowed, the greater the unseen and unavowed amount of the remuneration.

For elucidation, take the case of the planning Architect. Intended cost, say £100,000: remuneration of the planning, if he be also the directing Architect, 5 per cent.: at this rate, if the actual cost is exactly equal to the estimated cost, his profit is £5,000. Suppose him then able and determined to extract for himself an additional profit of £1,000, to do this, he must impose upon his employer an additional expense of £20,000.

Expositive.

Art. 6. Original Outset Book continued. III. Specific Book the third. Moveable Stock Book. Heads of Entry. Examples.

1. Sorts, as indicated by the names.

2. Quantities.

3. Quality and conditions, whether perfect, or in any and what degree deteriorated.

4. Purchase, if any, in what instances.

5. If purchased, or hired, price.

6. If manufactured by the strength of the sub-department in question, or any other,—cost of manufacture, as known or conjectured.

7. Year, month, and day of the month, when deposited in the custody of the official keeper.

8. In case of any such articles as are liable to be in a particular degree deteriorated by age, without the deteriorations being readily visible—for example, medicines,—year, when gathered, or brought into a state for use.

9. Place, where stowed: including, according to the nature of the article, as well the outermost place, for example, the yard, or the building, as the inmost, for example the shelf or the drawer, say in both cases the fixed receptacle: as to which, see the Articles following.

Expositive.

Art. 7. Follows a subsidiary mimographical mode of registration, which, in aid of the ordinary verbal mode, will be employed in so far as the benefit in respect of appropriate information, is deemed to outweigh the burthen of the expense. Call it moreover the receptacle-employing, or for shortness the receptacular, or otherwise the mimetic mode: receptacle-employing, because, in making the entries, indication is given of the fixed receptacle, say yard or building: and, in the case of the building, the interior sub-receptacles, one within another,—say apartment, closet, platform, shelf, chest of drawers, and drawer, into which the article is received, and out of which it is issued: mimetic, because, for this purpose, draughts, or say diagrams, are employed, exhibiting to view so many representations, or say images in outline, of the outermost fixed receptacle, as above, with the several interior fixed receptacles and sub-receptacles, down to the innermost, contained in it: fixed, in contradistinction to any such packages as it is enclosed in, while in its passage to or from, or while in, the official warehouse. Use,—presenting at all times, and to any number of persons at once, in any number of different places at once, a more adequate conception of the state of the moveable stock in all its parts, than could otherwise be obtained.

Ratiocinative.

Art. 8. Usefulness of this auxiliary mode of registration. Proportioned to the quantity, variety, and frequency of entrance and exit, on the part of the aggregate of the articles composing the species of stock here in question,—will, to each directing functionary, be the importance of his having at all times in his mind a conception, and to that end before his eyes a display,—of the quantity he has need of, and of the correspondent supply he has at hand or at command. The things themselves no such functionary can have always before his eyes: still less can the whole number of such other persons, by whom it would be of use that such information should be possessed. But, of the receptacles, in which, at each given point of time, the articles are respectively stowed,—every such functionary, whose business has need of it, may at all times have before his eyes an appropriate imitative substitute,—superficial or solid, draught or model: and, by reference therein made to the original, a conception of the quantity and situation of the thing therein contained: a conception, in some cases even more prompt, correct, and adequate, than the things themselves, if present to him, could furnish him with.

Expositive. Exemplificational.

Art. 9. Sub-departments, in which the benefit of this mode of manifestation presents itself as being most likely to outweigh the burthen. Examples.

I. Army Sub-department. Species of stock.

1. Cannon. 2. Mortars. 3. Cannon-balls. 4. Bombs: these four in open areas: Balls and bombs, in piles, in each a determinate number.

5. Firelocks. 6. Pistols. 7. Lances. 8. Swords: these, in appropriate fixed receptacles, with or without the intervention of moveable ones, in which they are stowed: in each a determinate number as above.

9. Gunpowder. 10. Provisions. 11. Drinks: these by the barrel, or other moveable receptacle, number in each receptacle always determinate.

12. Clothing: in each moveable receptacle, sort of article one: number of that sort, determinate as above.

II. Navy Sub-department. The like as to the several component parts, inflexible and flexible, of the vessel and rigging, that are in use to be kept, a number of each sort in the same fixed receptacle: for example, masts, yards, sails, cordage.

So, at each port, number, of each rate, each day in the port, with mention of arrivals and departures.

III. Health Sub-department. At the Head Dispensary in the Metropolis,—stock in hand, of the several elementary matters, of which the medicines, in the state in which they are administered, are composed. Examples—

(1.) Mineral substances:—as, 1. Mercury. 2. Antimony. 3. Zinc.

(2.) Vegetable substances in natural state:—as, 1, Seeds. 2. Barks. 3. Roots. 4. Gums. 5. Resins, and gum-resins of various sorts.

(3.) Animal substances:—as, 1, Vaccine matter. 2. Living leeches.

(4.) Products of chemical analysis:—as, 1, Acids in a liquid state. 2. Alkalis. 3. Salts in a crystallized state. 4. Oils, expressed and essential.

In each fixed receptacle, moveable receptacle, and sub-receptacle, if any,—quantity always determinate, to wit, in number or by weight, as the case may be.

Instructional. Exemplificational.

In this way, a deficiency or redundancy would be manifested in a more impressive manner than by words; thus affording a correspondently greater probability of a timely remedy.

In the margin of the draught, the change will be registered by verbal description, as in the ordinary mode.

Instructional.

Art. 18. Case 2. The sort of article requiring an enclosed exterior fixed receptacle, such as a warehouse, with or without interior subreceptacles, one within another: for example, apartments, closets, piles of shelves, chests of drawers, fixed boxes, or platforms.

In this case, the plans and elevations in the ordinary mode serve for the exterior of the building with its several apartments, and for the closets, if any, within the several apartments. For exhibition of the above-mentioned innermost receptacles, ulterior and appropriate sections and elevations will in this case require to be added.

In the draught, in each such receptacle, if large enough, the name of the sort of article for the reception of which it is destined, may be expressed in the appropriate compartment, as above: if not large enough, instead of the name the figure or figures expressive of a number: in the margin will in this case be given the name, with that same number prefixed to it. Images and colours may be employed in this case as in the others, as above.

Instructional. Enactive.

Art. 19. Note, that on every change made, in the number, dimensions, or mode of partition of the several interior fixed receptacles—platforms, shelves, drawers, &c.—a fresh draught will require to be made, to wit, in the manifold mode: exemplars transmitted, in this as in other cases.

Instructional.

Art. 20. Things not capable of being stowed, but in moveable receptacles, in which they may be conveyed to, deposited in, and conveyed from, the fixed receptacles. To the reception of these same moveable receptacles will the several inmost fixed receptacles be to be adapted. Examples—

1. Drinks, and other matters in a liquid state.

2. Provisions and other matters, in a solid state, stowed with liquids, for preservation and conveyance.

3. Matter in the shape of grain, or powder.

4. Articles, natural or artificial, so circumstanced, as to be usually stowed and indicated in an aggregated way, by number, weight, or measure: as gun-flints, nails, belts, locks and keys, &c.

5. Piece goods of all sorts.

6. Medicines and most of the ingredients employed in the composition of medicines.

Instructional.

Art. 21. Particular case, in which this receptacular mode of registration, as applied to articles kept in warehouses, may perhaps be employed to advantage. Example—

For all the offices belonging to all the several Sub-departments, materials of writing and delineation, as well in the ordinary mode as in the manifold mode, will at all times be needed: exceptions excepted, a stock for use, whether procured by fabrication or purchase, will need to be kept in a central office, naturally under the direction of the Finance Minister: exception may be—where, by reason of vicinity to the several places of manufacture, the expense of conveyance from them to the central office, and from the central office to the several offices in which supply is needed, may in part be saved: the article being conveyed from the place of manufacture to the office where the need is, without passing through the central office.

Instructional.

Art. 22. Materials requiring Registration in the mode in question in this case. Examples—

(1.) For ordinary writing,—paper, pens, and ink.

(2.) For manifold writing,—1, appropriate paper; 2, appropriate silk; 3, appropriate oil; 4, lamp-black.*

Instructional.

Art. 23. In the case of the Health Sub-department may be seen a sort of stock, which at the same time exhibits the greatest variety and nicety, as to the manner of stowage, and requires the greatest care to obviate natural deterioration.

Ratiocinative.

Art. 24. Uses of the receptacular mode of notification particularized.—

1. Facility given, to the application of the articles, on each occasion, with the maximum of promptitude, to their respective uses: function aided, the applicative.

2. Like facility to the minimization of expense and loss in respect of them: function aided, the custoditive.

3. In accordance with, and in proportion to, consumption, and other modes of serviceable elimination, with the assistance of the Journal Books,—facility given to the keeping up at all times the stock requisite for present and future use, without deficiency or excess: function aided, the procurative.

Instructional.

Art. 25. Precautionary rule, as to stowage of articles sent to a distance: to wit, whether by land or sea, more especially if by sea.—When articles of two or more sorts are so connected, that those of the one cannot be put to use without those of the other, send an assortment of each by the same conveyance: thus, if one conveyance miscarries, those which go by another will, in proportion to their quantity, not be the less serviceable. Send not the whole stock of one sort by one conveyance, of another by another: for thus, if one conveyance miscarries, the consequence is—the whole of the stock sent by both conveyances is found unserviceable.*

Instructional.

Art. 26. General heads, under one or other of which, for aid of conception, every article,—belonging to the aggregate of the moveable stock belonging to all the Subdepartments taken together, and to several of them taken singly,—may be found included—

I. Articles in a state fit for use. Examples—

1. Furniture of the several official residences. Articles of this description will of course have been bought, not home-made.

2. Provisions of all sorts, liquors for drink, gunpowder, ready-prepared medicines; other articles, put to use by appropriate consumption in the rapid, or say immediate mode: Subdepartments, those of the Army, Navy, and Health Ministers.

3. Clothing, sails, cordage of navigable vessels, and the vessels themselves—put to use by consumption in the gradual mode. Subdepartments, those of the Army and Navy Ministers.

II. Materials. Examples—

1. Corn, and other seeds employed, when in a manufactured state, as food.

2. Materials of gunpowder.

3. Drugs, employed in the composition of medicines.

4. Paper, and other wares employed in writing.

III. Instruments, employed in work: in bringing the materials into a state fit for use. Examples—

1. Machines, of various sorts.

2. Carpenter’s, joiner’s, and turner’s tools, of various sorts.

3. Blacksmith’s and whitesmith’s tools, of various sorts.

IV. Vehicles. Examples—Those employed in the conveyance of any part of the personal stock, or of the moveable real stock: in particular those belonging to the Letter Post establishment.

V. Beasts employed in conveyance as above.

VI. Works in hand: or say, articles of the above or any other sorts as yet unfinished, but in a state of preparation.

The particulars will be indefinitely variable, according to the modes of procurement respectively employed: to wit, sale, hire, or fabrication.

Instructional. Enactive. Expositive.

Art. 27. Original Outset Book continued—

IV. Specific Book the fourth, Money Stock Book. Heads of Entry. Examples—

1. Stock actually in hand in the office, distinguishing between metallic and paper: and as to metallic, between gold and silver.

2. Stock supposed virtually in hand: to wit, in other and what offices.

3. Stock in expectancy: Distinguishing whence: whether from the same or another Subdepartment or Department, or from a non-functionary.

In general, it will be from the Finance Minister, under direction from the Prime Minister and Legislature.

Instructional. Enactive. Expositive.

Art. 28. Expectation, from a non-functionary. Heads. Examples—

1. From whom. His description. For heads, see above, Art. 1.

2. On whose account—his or what other’s.

3. Ground of expectation; whether debt due to the office, or what other ground.

4. If debt, day when due.

5. If not on that, on what other day or days expected.

6. Causes of the uncertainty—if any determinate.

Instructional. Enactive. Expositive.

Art. 29. Issues in expectancy. Sub-heads of entry.

1. Demand, on whose account expected—a functionary’s or a non-functionary’s.

2. Ground of demand,—debt, or what other.

3. Day, when due, or expected to be received.

4. Day or days, if different, when proposed to be transmitted from the office.

5. Causes of the uncertainty and retardation.

Enactive. Expositive. Ratiocinative.

Art. 30. Where it is by a sub-office that the money is to be transmitted,—in that sub-office, correspondent entries will be made: thus, each will behold a check to it in the other.

BIS-SECTION THE THIRD. JOURNAL BOOKS.

Expositive.

Art. 1. So much for the day of Outset. Now as to all interior occurrences subsequent to that day:—occurrences, which, in the office in question,—in relation to persons at large, or to persons belonging to any office in the Subdepartment, or any other Subdepartment or Department,—shall come to have taken place on the several succeeding days.

Expositive.

Art. 2. In relation to these occurrences, relative periods, or say portions of time,—requiring distinct mention, as being occupied by so many different operations and correspondent sets of occurrences,—are the following—

1. Time of entrance: to wit, of the moveable article in question into the mass of stock contained in the fixed receptacle in question.

2. Time of continuance therein.

3. Time of exit.

Expositive.

Art. 3. Correspondent to entrance is receipt: entrance, the operation, performed—as it were, by the article: receipt, the operation performed—literally, by some appropriate functionary; figuratively, by the receptacle and the aggregate mass of stock contained in it.

Instructional.

Art. 4. Contemporaneous with continuance—to wit, on the part of the article of stock—ought to be as extensively as may be, and is accordingly of course supposed to be—on the part of the directing functionary, application to use: application to the most appropriate use.

Expositive.

Art. 5. Correspondent to exit is an occurrence, which, relation had to the article of stock, demands different appellatives, according to the nature of the article.

Case 1. Stock, personal: appellative, elimination: to wit, from the office in question. Modes of elimination, as per section 4, Functions in all, four: to wit, 1. promotion; 2. transference; 3. degradation; 4. dislocation.

Case 2. Stock, immoveable: appellative, alienation, or say expropriation. Modes of alienation, if perpetual and indefeasible, sale or donation: if temporary, lease-letting.

Case 3. Stock, moveable: appellative, issue: or say here again elimination.

Case 4. Stock, money: appellative, issue: modes of issue in this case—

1. Payment; to wit, on purchase, or extinction of debt.

2. Transference to some other office.

3. Donation.

4. Loan.

5. Exchange: to wit, for money of some other species.

Enactive. Expositive.

Art. 6. In the Journal, as in the Outset Book, Specific Books will be,—the Personal, Immoveable, Moveable, and Money Stock Books.

Enactive. Expositive.

Art. 7. In the Journal, comprised in each Specific Book will be three Sub-specific Books: to wit.

1. The Entrance Book, or say Receipt Book.

2. The Application Book.

3. The Exit Book, or say Issue Book.

Enactive.

Art. 8. Journal Books. Specific Book the first. I. Personal Stock Book, or say Individual Service Book.

I. Subspecific Book the first. Entrance Book, Heads of Entry, in relation to each functionary—

1. Day of location, as per year, month, and week.

2. For other heads, see Bis-section IV. Art. 1.

Enactive.

Art. 9. II. Subspecific Book the second. Application Book. Heads of Entry.

1. Day, on which attendance, being due, is paid.

2. Hour of Entrance.

3. Hour of Departure.

4. Place or places of service.

5. Subject-matter, or subject-matters of service.

6. Where the nature of it admits, particulars and estimated value of work done.

7. In case of non-attendance absolute, appropriate mention thereof.

8. So, in case of non-attendance at the proper place, or on the proper service.

9. Excuse, if any, what.

10. Evidence, if requisite, as to the truth of the excuse, what.

Enactive.

Art. 10. III. Subspecific Book the third. Exit Book, Heads of Entry.

1. Mode of exit: to wit, 1. promotion; 2. transference; 3. degradation; 4. resignation; 5. suspension; or 6. dislocation.

2. Causes of the exit: to wit, according to the mode in which, as above, it took place.

Ratiocinative.

Art. 11. Uses of these Books, in relation to this species of stock.

1. Securing attendance, thence service.

2. Securing the public against loss of the service and pay.

3. Securing the public against inaptitude, in respect of the service allotted.

4.—against inaptitude in performance.

5. Securing responsibility on the part of the superordinate.

6. Securing the functionary in question against non-receipt of the pay due.

7. Securing the public against embezzlement of the pay, by the functionary, by whom it should have been paid to the functionary in question.

8. Affording indication as to the general value of the functionary’s service,—with a view to promotion, transference, degradation, or dislocation.

9. By reference to the Money Journal, as below, indicating the comparative value of his service compared with ditto of pay.

10. Indicating the different value, if any, on different days.

11. As to alleged places of attendance, indicating truth or falsity, by evidence of others, alleged to have attended at the same time and place.

12. Affording indication, as to whether he could be better employed in any other service, or at any other place.

Ratiocinative.

Art. 12. Not accompanied with any preponderant hardship is the obligation of furnishing and seeing furnished the evidence elicited under the above heads, and furnished by the entries.

1. If one party is charged and thereby burthened, another is discharged and thereby benefited.

2. Only in case of delinquency does the burthen attach.

3. The burthen imposed by the exaction of service in the shape in question—to wit, giving of evidence—is no other than in judicial practice, is as often as occasion calls, imposed on all persons without distinction: in that case, without consent or equivalent: in the present case, with consent and equivalent—to wit, official remuneration.

Instructional.

Art. 13. Degrees of facility as to estimation of value of service of different functionaries; thence, of loss, by want of ditto. Examples—

I. Maximum of facility.

1. Copying-clerk’s service.

2. Next, Directive or Inspective functionary’s service.

3. Next, purely mental labour, unaccompanied with corporal, and employed in formation of some utensil. Examples.

1. Ship.

2. Engine.

3. Surgical instruments.

4. Article of furniture.

II. Minimum of facility.

1. Purely mental labour in various cases, in which no result in a physical shape can, in an immediate way, be produced by it.

Instructional.

Art. 14. Journal continued. Specific Book the second. Immoveable Stock Book.

I. Sub-specific Book the first. Entrance Book. This book will not have place except in the case where, for the use of the Subdepartment, in addition to the immoveable stock as entered in the original Outset Book, acquisition of an article or articles of stock in this shape has happened to have been made: as to which case, see below, Art. 17.

Enactive.

Art. 15. II. Subspecific Book the second. Application Book. Heads of Entry—Examples—

I. Application to service, or say profit.

1. Uses made of the whole, and, if different, of the several parts.

2. Day of each use.

3. Persons employed on each day, in or about the land and buildings respectively.

4. Keeper or keepers, having in charge the whole or the several parts, at the several times. Function the custoditive.

II. Application belonging to the head of Loss.

1. Repairs, if any—days of commencement, continuance, completion.

2. Causes by which the need of the repairs was produced.

3. Costs, as per pre-estimate—Estimator or Estimators, who.

4. Costs, as per experience.

N.B. These four entries belong also to the Loss Book, which see.

5. Inspection made, if any, from time to time, with a view to repair and estimate. Inspector or Inspectors who, and on what days:—their Report or Reports, on what day or days delivered.

Enactive.

Art. 16. III. Subspecific Book the third. Exit Book. In case of Exit, Heads of Entry. Examples—

1. Mode of exit—to whom alienated or lease-let.

2. Cause of exit: to wit, according to the mode in which, as above, the exit took place.

Enactive.

Art. 17. On the occasion of any addition to the Immoveable Stock, Heads of Entry. Examples—

I. For those relative to the state at the time of acquisition, see the original Outset Book. Bissection II.

II. Additional Heads of Entry, in case of acquisition by Fabrication. Examples—

1. Cost of building—of the whole, if built for the service, in all its particulars: so, of the several parts, if built at several times.

2. Functionary, by whose direction the building was undertaken: functions, the directive and fabricative.

3. Day or days, on which the building or buildings were respectively commenced.

4. Day or days, on which the building or buildings were, as per Report, respectively complete. Reporter or Reporters, who.

5. Day or days, on which the building or buildings were, as per Report, respectively fit for use. Reporter or Reporters, who.

6. Antecedently expected cost in each case, as per pre-estimate. Estimator or Estimators, who.

III. Additional Heads of Entry, in case of acquisition by purchase. Examples—

1. Cost and terms of purchase, in all particulars.

2. Purchase money, day or days of payment.

3. Of whom purchased.

4. Original estimate, on the ground of which, on behalf of the service, the purchase was made. Estimator or Estimators, who.

5. Directing functionary, at whose recommendation the purchase was made, who.

IV. Additional Heads of Entry in case of acquisition by hire. Examples—

1. Terms of hire, in their several particulars, as per contract.

2. Of whom hired.

3. Original estimate, on which, on behalf of the service, the contract was made. Estimator or Estimators, who.

4. Functionary, by whose direction the contract was entered into, who.

5. State in respect of repair, as per Report, on behalf of the service. Reporter or Reporters, who.

6. As to repairs, if any, during the lease, for heads of entry, see above, in the case of an immoveable, belonging to the outset stock, as per Original Outset Book, Bissection II., Art. 4, page 236.

7. On the expiration of the time for which the hire was made, mention of the surrender or renewal, and on what terms. Person or persons who, on whose report the surrender or renewal was grounded.

Expositive. Enactive.

Art. 18. Journal continued. Specific Book the third. Moveable Stock Book.

I. Sub-specific Book the first. Receipt Specific Book; for heads of Entry, see in the Outset Book, Subspecific Book the third. Moveable Stock Book, page 237. Follow those peculiar to the Journal. Examples—

1. Day of receipt, viz. day of year, month, and week.

2. Name, of the subject-matter received.

3. Quantity.

4. Quality, if variable and ascertainable.

5. Moveable receptacles, or say packages, if any, in which received. Wood, glass, paper, &c.

6. Delivered, by whom.

7. Received, by whom.

8. Source, whence.

9. 1. If fabrication, from whose custody.

10. 2. If purchase, from whom.

11. 3. If hire, from whom.

12. 4. If transreception, from what office.

13. 5. So, if retroacception.

14. 6. If ex-dono-acception, from whom.

15. In what area, edifice, apartment, and fixed interior receptacle deposited.

16. In case of subsequent inspection by an appropriate functionary,—his names, official and proper, with his signature.

17. So, of every other person present.

Expositive.

II. Sub-specific Book the second. Application Book.

Art. 19. The period being that of the continuance of the moveable article in question in the employ of the office in question, the function exercised by the functionaries in question, in relation to the article during that period, is the applicative.

For an all-comprehensive conception, of the modes in which application is capable of being made of any article of this class, note the distinction between two modes, to wit, the principal and the subsidiary or say instrumental: principal, the mode employed, where the article is not considered as being of a nature to be employed in the composition of other articles, or in the putting them to use: subsidiary, or say instrumental, where it is considered as being of a nature so to be employed: for example, materials, machines, tools, and other instruments; vehicles, employed in conveyance of these same materials and instruments; beasts employed in like conveyance, or in giving motion to machinery; receptacles, fixed and moveable, employed in giving stowage to the several above-mentioned, or any other, component parts of the aggregate of the moveable stock belonging to the office. See Bissection the fourth, Art. 16, in which these same articles are considered as subject-matters or sources of loss.

With the exception of materials, as above,—these same subsidiary articles, being applied or applicable, employed or employable, on any and every day, the application made of them will not, generally speaking, need to be registered on any day in particular.

Expositive.

Art. 20. Where the mode of application is the principal mode, the subject-matter may be brought into use, either 1, singly, or 2, conjunctively with others: forming therewith a composite subject-matter, of which they are the component elements.

1. Where, by the operations employed in the fabrication, the article is rendered capable of being applied to use,—without being, in conjunction with articles of a different sort, formed into a compound body,—call the mode of application and fabrication transformative: as in the case of iron or brass formed into cannon, mortars, balls, or bombs: where it is brought into use in conjunction with others,—forming therewith, as above, a compound, or say a complex body,—call the mode of application and fabrication conjunctive: when conjunctive, the mode will be either 1. by simple apposition, as in the case of the elementary parts of the carriage of a cannon or mortar: or 2. by mixture, as in the case of the elementary ingredients of the gunpowder. In some cases, in the formation of the thing for use,—materials, which enter not into the composition of it, are employed by being consumed. Example, fuel: in particular, when employed in fusion or refusion.

Enactive. Expositive.

Art. 21. Of the stages of the progress, to wit, of the progress made in the course of formation, the description will, of course, depend upon the nature of the article formed. But, be it what it will, among the heads of entry applicable to it will be the following—

1. Elementary subject-matters, what.

2. Days, on which they are respectively delivered into the custody of the person or persons employed in the work: as to whom, see above, the Original Outset Book, Specific Book the first, Personal Stock Book.

3. Their names, quantities, and qualities.

4. By whom respectively delivered,

5. Persons who, employed in the work.

6. Each day, progress made in the work.

7. Persons, if any, ceasing, and when, to be employed in the work, and in what capacities.

8. In case of unexpected retardation and delay,—mention of the causes, and of the persons concerned in the producing of it.

Instructional.

Art. 22. By these entries, with the addition of the mention made of the apartments in which the work is carrying on,—the superordinate functionaries will at all times be enabled to follow in mind each article, formed, as above, throughout the whole course of its progress.

Enactive. Expositive.

Art. 23. III. Subspecific Book the third. Issue Book. Heads of Entry.

1. Day of issue; to wit, day of year, month, and week.

2. Name of the subject-matter issued.

3. Quantity.

4. Quality, if variable and ascertainable.

5. Moveable receptacles, or say packages, if any, in which packed when issued.

6. Delivered out, by whom.

7. Delivered, on what account.

Instructional.

Art. 24. Note, that of transmission from fixed receptacle to fixed receptacle, though in the same apartment and in the same person’s custody, mention may require to be made, lest the Superordinate’s conception, as deduced from the imitative sketches, or say diagrams, should be erroneous.

Enactive.

Art. 25. Journal continued. Specific Book the fourth. Money Book.

I. Sub-specific Book the first. Receipt Book. Heads of Entry—

1. Day; to wit, day of year, month, and week.

2. Money in hand.

I. Receipts, as per expectation. Heads of Entry in relation thereto.

1. On what account received.

2. From whom received.

3. By whom delivered.

4. By whom received.

II. Appendage to the Receipts.

(1.) Non-receipts: that is to say, sums which, though the receipt of them was expected for that day, were not received accordingly. (See below, Bissection 4. Loss Book. Art. 4. Heads of Entry here—

1. Day, when the money should have been received.

2. On what account, it should have been received.

3. From whom.

4. Causes of non-receipt, to wit, blameless misfortune or misconduct: as ascertained, presumed, or conjectured.

5. If misfortune, how: if misconduct, by whom, and in what shape.

(2.) Unexpected Receipts: Sums, if any, unexpectedly received, with like entries, as above in the case where expectedly received.

Enactive.

Art. 26. II. Subspecific Book the second. Application Book, none: other than the Issue Book, which see.

Enactive. Expositive.

Art. 27. III. Sub-specific Book the third. Issue Book. Heads of Entry—

1. Days of issue.

2. Sums issued, as per expectation.

3. On whose account delivered.

4. To whom delivered.

5. By whom delivered.

6. Sums issued in compliance with unexpected demand.

Enactive. Expositive.

Art. 28. Appendage to the Issues. (1.) Non-issues, or say Expected demands not fulfilled Heads of Entry—

1. Day, when the demand should have been fulfilled and issue made.

2. On what account the money should have been issued.

3. To whom it should have been issued.

4. Causes of non-issue, blameless accident or misconduct, as ascertained, presumed, or conjectured.

5. If misfortune, how: if misconduct, by whom, and in what shape.

(2.) Unexpected demands fulfilled. Heads of Entry—

1. On what account or ground made.

2. By whom made.

3. Causes of non-expectation.

(3.) Unexpected demands not fulfilled. Heads of Entry, the same.

Instructional.

Art. 29. Note, that these same heads of entry relative to non-receipts, demands unexpected, and issues unexpected, might, on occasion, be applied to moveables, as well as money.

Instructional. Expositive. Exemplificational.

Art. 30. Journal continued. Specific Book the fifth. Exterior Occurrence Book. Subdepartments, to the business of which, receipt and registration of evidence of exterior occurrences will be more particularly apt to be needful. Examples—

1. Army Subdepartment. Time, war-time. Examples—1. Occurrence, war-engagement: result, favourable or unfavourable.

2. Occurrence, arrival or miscarriage of a convoy.

2. Navy Subdepartment. Time and occurrences, as above.

3. Preventive Service Subdepartment. Occurrence, arrival of a calamity or commotion. For examples of calamities, see Ch. xi. Ministers severally. Section 5, Preventive Service Minister.

4. Health Subdepartment. Occurrence, breaking out or importation of a disease regarded as contagious.

5. Foreign Relation Subdepartment. Occurrence, symptoms observed of hostility on the part of a Foreign State.

6. Trade Subdepartment: to wit, in respect of states of things and events regarded as presenting a demand for fresh regulations relative to the manner of carrying on trade, or as obstructing or facilitating the giving execution and effect to existing regulations.

Instructional. Expositive. Exemplificational.

Art. 31. Heads of Entry. Examples as to occurrences.

1. Place of the occurrence: description as particular as may be.

2. Time of the occurrence: description as particular as may be.

3. Time,—to wit, day, and in some cases hour,—of the receipt of the information of the occurrence, at the Office by which it is recorded.

4. Name and description of the person or persons, by whom the information is delivered at the Office: distinguishing whether by personal appearance and oral discourse, or by epistolary discourse.

5. Nature of the evidence by which the fact of the occurrence is more or less probabilized.

Instructional. Enactive.

Art. 32. With a solicitude proportioned to the importance of the occurrence,—on the receipt of the information at the Office, it will be the endeavour of the directing functionary to trace it up to its sources,—i. e. to trace each alleged fact up to the person or persons, who, in relation thereto, are stated as having, by means of any one or more of the five senses, been percipient witnesses. For the mode of making this investigation, see Ch. vi. Legislative. Section 27, Legislation Inquiry Judicatory: and Procedure Code,—title, Evidence.

BIS-SECTION THE FOURTH. LOSS BOOKS.

Instructional. Expositive.

Art. 1. Loss, considered as liable to befall the service of a Subdepartment, may be considered as receiving division from two sources: to wit, the subject-matter and the efficient cause.

Instructional. Expositive.

Art. 2. Subject-matters, as above, may be—

1. Personal service, or say services of persons.

2. Things immoveable.

3. Things moveable.

4. Money.

Instructional. Expositive.

Art. 3. Efficient causes of the loss may be—

1. Purely human agency: to wit, on the part of functionaries or non-functionaries: on the part of functionaries belonging to the Office in question, or on the part of functionaries belonging to other Offices.

2. Purely natural agency, as in the case of calamity or casualty: as to the different sorts of calamities, see Ch. xi. Ministers severally. Section 5, Preventive Service Minister.

3. Mixed agency, or say partly natural, partly human agency: to wit, where the loss has for its efficient cause calamity or casualty, produced or aggravated by misconduct, culpable or criminal, positive or negative, on the part of some person or persons, functionaries or non-functionaries.

Instructional. Expositive. Enactive.

Art. 4. I. Subject-matter or source of loss, I. Personal Service. Modes of loss. Examples—

1. Non-attendance, or say absentation, absolute: the functionary not being attendant or occupied in any place, on business belonging to his Office.

2. Non-attendance relative: attendance and occupation in a place in which his service was not so profitable as it would have been in some other place.

3. Application uneconomical: the work, to which his service was applied not so profitable as some other to which it might have been applied.

4. Non-operation, during attendance.

5. Operation careless or rash during attendance: thence, service not so profitable as it might have been.

Instructional. Expositive. Enactive.

Art. 5. Incontestably proveable are—

1. Non-attendance absolute.

2. Non-attendance relative.

3. Non-operation during attendance.

Not incontestably proveable are—

1. Application uneconomical.

2. Operation careless or rash.

Instructional. Expositive. Enactive.

Art. 6. II. Subject-matter or source of loss, II. a thing immoveable. Examples—

I. Land adapted to Husbandry. Modes of loss. Examples—

1. Non-culture.

2. Culture uneconomical.

II. Land covered with Buildings, or employed in Ground-works. Modes of loss. Examples—

1. Non-occupation.

2. Application uneconomical.

3. Deterioration spontaneous, for want of appropriate reparation.

4. Deterioration by positive human agency.

5. By natural causes,—inundation, fire.

6. Mode of reparation uneconomical.

III. Land, the value of which is constituted by application made of portions of its substance, after converting them from their immoveable to a moveable state: as in the case of mines, quarries, chalk-pits, gravel-pits. Modes of Loss. Examples—

1. Non-application.

2. Application uneconomical.

IV. Land in any one of the above conditions.

Appropriate source of profit, self-dispossession temporary, by lease-letting. Modes of loss. Examples—

1. Non-lease-letting.

2. Lease-letting gratuitous.

3. Lease-letting at under price.

4. Lease-letting to a Lessee, by whom it is deteriorated.

5. Lease-letting to a non-solvent Lessee.

6. Lease-letting to a Lessee, by whom, at the end of the term, it is not surrendered.

Instructional. Expositive. Enactive.

Art. 7. III. Subject-matter or source of loss, III. a thing moveable. Modes of loss. Examples—

1. Non-receipt, in a case in which the article should have been received: with the cause of such non-receipt, whether pure accident or human agency, positive or negative, as in case of deterioration, as per Nos. 4, 5, 6.

2. Non-application.

3. Application uneconomical.

4. Deterioration or destruction spontaneous for want of appropriate custody.

5. Deterioration by positive human agency.

6. Deterioration for want of reparation.

7. Miscollocation: stowage, in a place not conveniently accessible: whence, loss of labour.

8. In case of an article not applicable to use but by consumption, as food, fuel, &c., consumption useless.

9. Consumption excessive.

10. Consumption uneconomical.

11. Loan gratuitous.

12. Loan at under price.

13. Loan to a borrower, by whom it is deteriorated.

14. Loan to a non-solvent borrower.

15. Loan to a borrower, by whom it is not returned.

16. Elimination by accident, without blame to the custodient functionary.

17. Sale at under price.

18. Elimination through negligence or rashness on the part of the custodient functionary.

19. Embezzlement by the custodient functionary.

20. Theft, by another person, functionary or non-functionary.

21. Fraudulent obtainment by do.

22. Peculation: that is to say, from loss in any one of the above or other shapes, profit derived by a directive or custodient functionary.

Instructional.

Art. 8. Note that, in regard to sale, even where auction is the mode, the nature of the case keeps open a door to fraud, in two distinguishable shapes.

1. By accident or contrivance, the article, though in comparatively good condition, has been made to wear a deteriorated appearance: to the party meant to be favoured, information as to its true value is given, and at the same time concealed from others: by this means, it is sold to and bought by him at under value.

2. By confederacy with each other, with or without the participation of the functionary in question, divers persons, who otherwise would have been bidding one against another—say for six several articles, these being the only persons who could have bid for them—agree; and thus leave, to each of them, one of the articles, at the under price at which it has been put up.

Instructional.

Art. 9. Subdepartments, the business of which lies exposed to fraud in these shapes. Examples—

1. Navy Department: in respect of sale of old stores.

2. Finance Subdepartment: in respect of sale of articles confiscated as contraband.

Instructional.

Art. 10. Against fraud in these shapes, the Members of the Public-Opinion Tribunal will be on the alert, watching the offices belonging to the Subdepartment, in their several grades.

Instructional.

Art. 11. Efficient cause and modes of spontaneous deterioration. Examples—

1. Evaporation.

2. Exsiccation.

3. Humectation.

4. Induration.

5. Emollition.

6. Fermentation,—saccharine, acetous, or putrifactive.

7. Discoloration.

Instructional.

Art. 12. Efficient causes or modes of spontaneous destruction. Examples—

1. Subject-matter vegetable, in a natural state, in large masses. Efficient cause, combustion in consequence of fermentation.

2. Subject-matter vegetable, in a manufactured state, sails or cordage heaped together in a humid state, with or without contiguity to oleaginous matter. Efficient cause, combustion, as above.

3. Subject-matter, mineral with vegetable in a manufactured state, gunpowder. Efficient cause of destruction by explosion, in window glass, a bubble, having the effect of a lens.

Instructional.

Art. 13. Subject-matters, considered in respect of their degrees of natural durability, independently of their application to use. Examples—

I. Articles of greatest durability.

1. Precious stones crystallized.

2. Stones (accretions of earths) in general.

3. Metals in general.

4. Shells of shell fish, by naturalists ranked under the head vermes.

5. Bones and horns of animals.

6. Alcohol, saline bodies, and other products of chemical analysis, if kept from evaporation and communication with the atmosphere.

II. Articles of least natural durability: though, for a greater or lesser length of time, preservable by art. Examples—

1. Flesh of animals.

2. Herbaceous parts of vegetables.

III. Articles of intermediate degrees of natural durability. Examples—

1. Wood of ligneous plants.

2. Seeds of plants, as wheat and other grain.

1. Gunpowder and shot.

2. Combustible matters used for heating and lighting.

3. Matter of food and drink.

II. Articles of slowest consumption.

1. Articles composed of gold, silver, and platina.

2. Articles composed of other metals.

3. Materials employed in building.

4. Materials employed in receptacles for liquids, and for solids, in a state of powder:—glass and earthenware.

5. Materials employed in the composition of the steadiments, or say unmoving parts of fixed machinery.

6. Utensils—articles of household furniture, employed as receptacles for smaller articles: chests of drawers, bookcases, &c.

7. Articles of household furniture used for repose: the ligneous parts—chairs, tables, bedsteads.

8. Artillery.

III. Articles of intermediate quickness of consumption.

1. Articles of household furniture: those composed of the oxydable metals, pure and mixed, as iron, copper, brass, &c.

2. Articles composed of matter in a filamentous state, employed as furniture of ships or houses.

3. Tools, and the moving parts of machinery.

4. Beasts employed in conveyance, or in giving motion to machinery.

Instructional.

Art. 19. In the business of each subdepartment, immediate subaggregates—of the aggregate stock of moveables, kept in custody, and applied or waiting to be applied, and as such considered as liable to be subject-matters or sources of loss,—are

1. Articles of work finished for use.

2. Materials for the formation of work, finished for use.

3. Machines, tools, and other instruments, employed in the formation of work finished for use, or in the formation of other instruments so employed.

4. Receptacles, fixed and moveable, of all sorts.

5. Vehicles of all sorts.

6. Beasts, employed in conveyance, or in giving motion to machinery. See Arts. 16, 17, and Bissection the second, Art. 26, page 241.

Instructional. Expositive. Enactive.

Art. 20. IV. Subject-matter or source of loss, IV. Money. Modes of loss. Examples—

I. Loss by Disserviceable procurement. Modes. Examples—

1. Taxation misseated.

2. Borrowing on terms less advantageous than might have been obtained.

3. Payment or repayment postponed, on terms less advantageous than might have been obtained.

II. Loss by Disserviceable non-receipts. Modes. Examples—

1. Non-receipt definitive, or say absolute, through negligence.

2. Non-receipt temporary through negligence: the money not received till after the day on which it might have been, and ought to have been received.

3. Non-receipt, definitive or temporary, through favour to, but without concert with, a party, from whom it might have been, and ought to have been received.

4. Non-receipt for reward, in concert and by complicity with, a party from whom it might and ought to have been received.

III. Loss by disserviceable application or non-application.

1. Purchase of personal services, things immoveable, or things moveable, at an over price.

2. Non-purchase of ditto, till after the commencement of the time when needed: thereby, loss of the value of the use, minus the interest of the money.

3. Purchase on credit instead of for ready money: thence loss by the overprice.

4. Omission to employ it in loan, when received in quantity exceeding the demand for purchase.

5. Note, that if exacted in greater quantity than needed, or before needed, the loss falls on the contributors.

6. Non-application definitive, or say hoarding.

IV. Loss by transformation. Modes. Examples—

1. Transformation uneconomical, by simple refusion: subject-matter of loss, the expense of coinage, and pay for labour employed in calling in the current stock.

2. Transformation uneconomical, and fraudulent: to wit, by diminution of quantity, or deterioration of quality by alloy, without correspondent change of denomination.

3. Augmentation uneconomical of the aggregate quantity: to wit, by addition of paper money, consisting of promises, to the stock of actual money, thereby lowering its value.

V. Loss by disserviceable elimination of money, including expenditure in purchase or supposed purchase of Personal services. Modes. Examples—

1. Pay attached to needless Offices: offices, in their nature useful, but, by and in proportion to over number, superfluous, and so far useless.

2. Pay attached to useless offices: useless in their nature: the labour if any, performed in them, being useless.

3. Pay attached to sinecure offices: to an official situation, instituted or continued, on pretence of services rendered, when in fact no labour is performed in respect of them in any shape.

4. Over-pay, attached to needful offices.

VI. Loss by purchase or hire, of things, immoveable or moveable.

1. Purchase or hire of things needless, as above.

2. Purchase or hire of things useless, as above.

3. Expenditure on the pretended purchase or hire of a thing not procured, as above.

4. Expenditure, during an unnecessarily protracted series of years, in the fabrication of a thing not completed for use till the end of the series: at which time it may or may not be needed.

In this case, the loss consists in the loss of the interest of the money, expended in making the several instalments.*

Enactive. Ratiocinative.

Art. 21. For prevention of loss,—on receipt of an article, into what custody shall it be delivered? that of some one person, or that of persons in any and what number greater than one?

Answer. Into the custody of one person and no more.

Incidental Expenditures.

1. Expenditure, of persons, things moveable, and money,—in commencement, continuance of, or preparation for, needless wars.

2. Expenditure, of ditto, in the purchase, foundation, or maintenance, of distant dependencies.

3. Expenditure, of money, on articles, for the accommodation or amusement of the comparatively opulent few, at the expense of all, including, in prodigiously greater number, the unopulent many, who are incapable of participating in the benefit: productions of the fine arts, for instance, and books, the uselessness of which is demonstrated by their rarity. The expense, however, is in this third case but as a drop of water to the ocean, compared with what it is in the two former: and the mischief consists—not so much in the absolute expense as in the preference given to it over needful expenses, leaving thereby the correspondent evils in a state of continuance and increase,—and in its operation in the character of an instrument of corruption, by means of the official situations carved out of it, and in that of an instrument of delusion, contributing, by the awe-striking quality of the object,—to beget and maintain a habit of blind and unscrutinizing submission on the part of the subject-many.

II.

Permanent Expenditure.

4. Expenditure, in the pay attached to needless and sinecure offices, and the overpay attached to useful and needful ones: and note well, on each occasion, the corruptive and delusive influence, inseparably attached, by the nature of the case, to every particle of such waste.

For the course taken for the minimization of such waste—and, by that in aid of other means, for the maximization of appropriate aptitude,—with reference to the functionaries belonging to each office, see the several ensuing Sections, headed Remuneration, Locable who, Located how, and Dislocable who.

Instructional.

Art. 32. Stock-in-hand Books. Whatsoever be the subject-matter, and the place,—the manner of ascertaining, on each day, the quantity of the stock in hand, of each of the above four species of stock, on that day, will be the same.

On the day, next to that on which the original Outset Stock Book and the first Journal Book bore date,—the stock in hand will, in regard to each species of stock, be composed of the stock as per Original Outset Book, adding the amount of receipts, if any, on the first day, and deducting the amount of issues and losses, if any, on that same day.

If, for the purpose of presenting to view the balance of the stock in hand applicable to the service of each day, a set of books were instituted, they might bear the name of Stock-in-hand Books. The matter in question being, as above, entered,—the whole of it—in the Journal, the only question will be, as to the copying it, in this form and method, into a separate set of books.

Instructional.

Art. 33. To the immoveable stock, unless it be in respect of the moveable stock attached to it, this operation will not have application. Applied to the personal stock, and the money stock, it is simple, and accordingly attended with little difficulty. Not so in the case of moveable stock: unless it be of a sort, the importance of which, with a view to the purposes in question, is sufficient to warrant the time and expense of keeping a separate account of it. In so far as this degree of importance has place—above may be seen the mode.

BIS-SECTION THE FIFTH. SUBSIDIARY BOOKS.

Instructional.

Art. 1. Of books which there may be found a convenience in employing as subsidiary to the above, examples are the following—

V. I. Retroacception Book. Heads of Entry for this Book, names of the Offices from which the several articles have been received back after transmission thereto. For Subheads see Bissection 3, Art. 18, Receipt Book.

VI. II. Retrotransmission Book. For Heads and Subheads, see above, Retroacception Book, and page 245, Bissection 3, Art. 23, Issue Book.

Instructional.

Art. 2. Other Subsidiary Books a demand may perhaps be found for, created by local or temporary circumstances. To keep on the lookout for such demand will be among the objects of the Legislature’s care.

BIS-SECTION THE SIXTH. ABBREVIATIONS.

Instructional.

Art. 1. Abbreviations. Antecedently to the organization of the several Subdepartments, or subsequently, on report from the several directing and registering functionaries,—it will be for the consideration of the Legislature, whether, in every Subdepartment, or in any one or more, and which of the Subdepartments,—in the making of the entries, abbreviations, in any and what cases, and if in any, in what form and tenor, shall be ordained or allowed.

Ratiocinative. Exemplificational.

Art. 2. Antagonizing consideration for and against the practice. Examples—

1. For the practice. Saving of time and labour of writers: thence of expense to Governments.

2. Saving of time and labour of readers: to wit—

1. Functionaries belonging to the office.

2. So, among suitors, all to whom the abridging characters have become as familiar as the unabridged.

3. In the abbreviations commonly employed in manuscripts before printing had come into use,—saving, in respect of time, labour, and thence expense, employed in writing, was manifestly the advantage, by the contemplation of which the practice was produced: had not such advantage been actually obtained, the practice, it may be thought, would not have continued.*

II. Against the practice. Disadvantage to such suitors, in whose instance, in the capacity of readers, more time and labour is consumed by the abridged form than by the unabridged.

Antagonizing advantages—on the part of the abridged form, conciseness; on the part of the unabridged form, clearness.

Instructional.

Art. 3. Means of compromise. 1. As to words singly taken.

Rule 1. For the abbreviated form, take not forms altogether unanalagous, such as are the algebraic, but fragments of the respective words: to wit, initial letters, with or without final or other succeeding ones.

Instructional.

Art. 4. Rule 2. Employ no abbreviated word, without inserting it in an alphabetical list of abbreviated expressions, followed and explained by the corresponding unabbreviated ones: that list being entered, on a page opposite to the page on which the title of the book is entered.

Instructional. Ratiocinative.

Art. 5. Rule 3. So, in regard to propositions, and locutions composed of fragments, or aggregates, or aggregates with fragments, of propositions.

Rule 4. In written instruments, addressed to, or designed for the perusal of, individuals at large, who are not in the habit of attendance at the office,—employ not any abbreviations, which are not perfectly familiar to individuals at large.

Rule 5. In the case of the books kept at the offices, employ not any abbreviations, by which, on the part of individuals at large, in their capacity of Members of the Public-Opinion Tribunal, facility and clearness of conceptionl wil be diminished.

Rule 6. Leave not, to functionaries in each or any office, the faculty of employing, at pleasure, abbreviations of their own devising.

Reasons. If yes,—1. There might, in this particular, be as many different languages as there are offices.

2. Abbreviations would be liable to be employed for the express purpose, of eluding the scrutiny, and diminishing the tutelary power of the Public-Opinion Tribunal.†

Instructional. Ratiocinative.

Art. 6. Securities for correctness and completeness in entries. Properties, desirable on the part of each such entry, as per Art. 5, correctness, clearness, and comprehensiveness: on the part of the aggregate of all, comprehensiveness and symmetry. Correspondent errors—opposite to correctness, false entry: to wit, either by simple addition of false statements, or substitution of false to true: opposite to completeness, non-entry: omission of matter that ought to have been inserted.

In the one shape as well as in the other, the error may have had for its cause either matter foreign to the conduct of the functionary in question, or misconduct on his part: if misconduct, it may have had for its cause a deficiency, either in moral, intellectual, or active aptitude: if in moral, either, 1, evil intention, with correspondent evil-consciousness—the result of misdirected attention: or, 2, negligence, or say carelessness—the result of want of due attention.

Against misconduct in both these shapes, the direct and appropriate security will be punishment, as to which, see the Penal Code.

Art. 11. The places, from which requisition instruments will be issued, are the several offices, in which, for their several businesses, the need of the subject-matters required, is deemed to have place. Of all such need, indication will at all times be given, by means of the mimographical documents, as per Section 7, Statistic function, Bissection 2, Art. 7, with or without the aid of the Inspection-visits.

Instructional. Enactive.

Art. 12. Of the heads, under which the matter of a requisition instrument will, in all cases, be contained, examples are as follows—

1. Supplies needed what, according as they are persons, things, or money.

2. If persons,—names and descriptions, with the expense, as known or estimated, on the occasion of each.

3. If things,—names, qualities, and quantities, with their respective prices as known or estimated.

4. Proposed best mode of procurement, as per Section 4, Functions in all; and Section 7, Statistic function, Bissection 2, Art. 18.

5. Times, within which respectively needed.

6. Times, within which supposed capable of being made forthcoming at the place where needed, in a state fit for use.

7. Statement of the stock in hand, if any, of the article required, with reference to the mimographical documents, if any, as per Section 7, Statistic function, on the face of which the state of the stock appears.

Enactive.

Art. 13. When the Requisitor is the Minister, and the Requisitee the Prime Minister, the Requisitee will either reject the requisition, or confirm it: if he confirms it, he does so either simply, or with amendment: and, in either case, issues a correspondent procuration mandate: and so in the case of any other requisitor or requisitee.

Instructional. Enactive.

Art. 14. Checks on the requisition will be—the exemplars of the mimographical documents and other statistical matter, in the hands of the functionaries, to whom, in each case, it will belong—to reject, simply confirm, or substitute, as above.

Enactive.

Art. 15. Such procuration mandate will be transmitted to the Requisitor, either immediately, or through the medium of the Finance Minister, as the case may require.

Enactive.

Art. 16. To the Minister of each Subdepartment it belongs, at all times, on his responsibility, to transmit, to the Prime Minister, appropriate and timely requisition instruments, for the procurement of such supplies, the need of which, for the business of his subdepartment, has, from time to time, come to have place.

Instructional. Expositive.

Art. 17. Service permanent and occasional; or say ordinary and extraordinary. In each several instance, in which the need of an article or aggregate of articles of supply, is regarded as having place,—it will belong either to the permanent, or to the occasional branch of the service: either to the ordinary or to the extraordinary branch.

Instructional.

Art. 18. At the commencement of this Code, the Legislature will have to make provision of the first supply provided: call it the outset supply. On that occasion, it will be considered—whether any, and if any, what part, of that which is provided, shall be distinguished from the rest by any such denomination as the occasional, or say extraordinary supply.

Instructional. Expositive.

1. The importance of the branch of service in question.

2. The quantity of the stock, in whatsoever shape, of which, in the interval, need is capable of having place, and likely to have place.

Art. 32. By conciseness, understand exclusion of all needless words; for example, complimentary phrases.

Instructional.

Art. 33. Under this head will be considered the employment to be given to abbreviations, as per Section 7, Statistic, Bissection 6, instead of words at length: care being taken that they be sufficiently and promptly intelligible to all who have need to read them.

Instructional.

Art. 34. Rules for uniformity as to expression.

Rule 1. For giving expression to the same ideas, employ on each occasion the same words.

2. In relation to each office inspected,—doing what the nature of the case admits of, towards providing a supply, as adequate as may be, for any such deficiency as shall have been observed in respect of the execution and effect which should be given, as above, to that end; taking personal cognizance of any such appointed subject-matters of registration and publication, as shall either have been left altogether unregistered or unpublished, as the case may be,—or not registered or published, as the case may be, in conformity to the appointed mode.

3. Taking, by immediate perception, cognizance of the state of those several subject-matters, in so far as the conception derived no otherwise than from the report of other persons, cannot be, or shall not have been rendered adequate.

4. Taking cognizance of the degree of appropriate aptitude, absolute and comparative, in its several branches, on the part of the several functionaries belonging to each office: to wit, with a view to ulterior direction and instruction; as also to continuance in office, transference to another office of the same grade, promotion, transference temporary or definitive, or suspension, or dislocation, as the case may appear to require.

5. Taking cognizance of any such complaints as any person may be desirous of making, as per Section 21, Oppression obviated, and of any such other indication, of misconduct on the part of functionaries, as any person may be willing to afford: to wit, for the purpose of eventual admonishment, transference, suspension, or dislocation, as the case may appear to require: as per Section 20, Insubordination obviated; and Section 21, Oppression obviated.

6. With a view to extra remuneration, by promotion, or otherwise,—taking cognizance of any such extraordinarily meritorious service, as may happen to have been rendered, in relation to the business of the Subdepartment in question, or any other Subdepartment or Department, by any person, functionary, or non-functionary. As to this, see Section 15, Remuneration, and Section 25, Securities, &c. Arts. 6, and 18 to 29.

7. By appropriate instruction and direction,—solving any doubts, that may be found to have place on the part of functionaries, in respect of the exercise to be given to their respective functions; and, with a view to eventual transference in default of reconciliation, settling any disagreements that may be found to have place between functionary and functionary.

Instructional.

Art. 4. Places and Offices therein, which, in the exercise of this function, may require to be visited by the Ministers of the respective Subdepartments. Examples—

1. Election Subdepartment. Places, the stations of the several District Election Clerks, and Subdistrict Vote-receiving Clerks.

2. Legislation Subdepartment. Places, the residences of the several Sublegislatures.

3. Army Subdepartment. Places, the several fortified places, barracks, hospitals, and magazines.

4. Navy Subdepartment. Places, the several ports.

5. Preventive service Subdepartment. Places, the several places, in which functionaries, in bodies subject to the direction of the Preventive Service Minister, are stationed.

6. Interior communication Subdepartment. Places—

1. The several Post-offices, in so far as time suffices: where not, the aggregate of the several stations may be divided into Circuits, and the circuit progresses performed in the course of the year, together with the times, at which they shall respectively be performed, may, from time to time, be determined, by lot, publicly drawn, as per Section 16, Locable who. Supplement.

2. Edifices, and groundworks, belonging to the Subdepartment: in particular, such as, having been commenced, remain at the time unfinished.

7. Indigence relief Subdepartment. Places—

1. The seats of any Eleemosynary establishments maintained by Government at public expense.

2. The seats of Eleemosynary establishments, maintained at the expense of bodies corporate, or of individuals. If time—expense of conveyance being moreover considered—should not suffice for all, determination by lot, as above.

8. Education Subdepartment. Places—

1. The seats of any education establishments maintained by Government at public expense: as to which, see Section 16, Locable who, and Section 17, Located how.

2. Those, if any, maintained by the several Sublegislatures, at the expense of their respective districts.

3. Those maintained by bodies corporate, or by individuals. See Section 16, Locable who.

9. Domain Subdepartment. Places—

1. The several portions of land, edifices, and groundworks, kept in hand, or leased out, by Government, at the expense and for the profit of, the public.

10. Health Subdepartment. Places—

I. Dispensaries.

1. Central, in the metropolis.

2. Those in the metropolises of the several Election Districts.

3. Incidentally, in case of appeal, apothecary’s or chemist’s shops, in relation to which any censure shall have been passed, or direction delivered, by the Health Sub-minister within his district: as to which, see Ch. xi. Ministers severally, Section 10, Health Minister.

II. Hospitals.

1. Those maintained by Government at the expense of the whole state.

2. Those maintained by the several Sublegislatures, at the expense of their respective districts.

3. Those maintained by bodies corporate, or by individuals.

11. Foreign Relation Subdepartment. Places. Examples—

1. Of the habitations of the several Agents, Political and Commercial, of the several foreign powers, resident within the territory of this state, the residences maintained at the expense of the respective governments. This, with a view to eventual repair merely, and not without permission given by the respective residents.

2. Those, if any, which are supplied to them gratuitously by this state.

12. Trade Subdepartment. Places—

1. The several Docks, other Groundworks, if any, employed as receptacles for shipping, and the several other instruments of water communication from place to place, at which goods are exported to, or imported from, the dominions of foreign states.

2. The several inland barriers, if any, at which goods are exported into, or imported from, other ports, or barrier places, belonging to this state.

13. Finance Subdepartment. Places—the several Offices, at which on account of Government as trustee for the public, money is received or paid. For other examples and particulars, see Art. 7.

Instructional. Ratiocinative.

Art. 5. For different purposes, and on different occasions,—Inspection visits, and even Progresses and Circuits, may, by different Ministers, in various numbers be made, to one and the same establishment, public or private.

Reasons. Uses, thence objects and purposes, of this arrangement.

1. For different purposes, the same establishment, it will be seen, may require to be inspected, by so many different Ministers, in order to their being inquired into for those several purposes, and contemplated in so many different points of view: in each case, with reference to different branches, or even the same branch, of the public service.

2. By the cognizance thus taken in relation to the same subject-matter by divers functionaries, independent of each other,—the information furnished by each, will serve as a check upon the conduct pursued, and information furnished, by every other.

3. By this conjunction, no collision of authority will be produced; the directive function being, in each Subdepartment, in the hands of one person alone,—no obstruction need be afforded to it by any exercise given to the inspective and statistic function, by whatsoever number of different functionaries exercised, in relation to one and the same object.

Instructional. Ratiocinative.

Art. 6. Exceptions excepted,—for the second of the above reasons, it will be for the care of the Prime Minister so to arrange the visits of the several Ministers, in such sort that no two shall perform any Inspection visit at the same time one with the other.

Exception is—where, for some special, preponderant, and declared reason,—it appears to him that, for mutual explanation, information, and discussion, the purpose requires, that by two or more Members, by whom, by his direction, a visit is made at the same time, the inspective function should be exercised by them in each other’s company, and thereby at the same time.

Instructional.

Art. 7. Cases, in which the good of the service may require that, by the Minister of two or more different Subdepartments, one and the same establishment should be visited. Examples—

1. Army Minister and Navy Minister. Subject-matters requiring inspection by each, with a view whether to conjunct or separate service. Examples—artillery, ammunition, and small arms.

Note, that as to the adequacy of the aggregate of the supply, the two interests are here united: in case of deficiency, antagonizing.

2. Army Minister, Navy Minister, and Preventive Service Minister. Subject-matters demanding inspection by each—troops, small vessels and their crews, arms and ammunition.

3. 1, Army Minister; 2, Navy Minister; 3, Preventive Service Minister; 4, Trade Minister; and 5, Finance Minister. Subject-matters requiring inspection by each, as above: on the part of the Preventive Service Minister, Trade Minister, and Finance Minister, where the casual cause of demand is forcible resistance, experienced or apprehended, in relation to execution and effect required to be given to ordinances and arrangements respecting imports, exports, or collection of revenue.

4. The same five Ministers, with the Interior Communication Minister. Subject-matters requiring inspection by each—the several instruments of communication, immoveable and moveable, in their several diversifications, for the purpose of giving effectual and adequately prompt communication to the several above-mentioned instruments of defence, together with the instruments of subsistence for men and beasts of conveyance, occupied in the correspondent branch of the public service.

5. 1, Indigence Relief Minister; 2, Education Minister; 3, Health Minister. Subject-matters requiring inspection by each—all such establishments as have for their ends in view the administering the benefit of education, in conjunction with relief to indigence; especial care of health being alike needful in the two first-mentioned sorts of establishments.

6. Domain Minister, and every other Minister: to wit, in so far as the Land, Edifices, and Ground-works employed in these several branches of the public service, belong to the Public Domain.

7. All the several other Ministers, and the Finance Minister: in consideration that it is from or through his hands that every expenditure of money, and thence of money’s worth, must come. Upon the expenditure of every other Subdepartment, without exception, his care is a needful and indispensable check.

Instructional.

Art. 8. The Legislature, the Prime Minister, and the Minister will have in consideration the advantage, derivable in some cases from the use of chance, for the purpose of securing unexpectedness to inspection visits, and thence constancy of good order in the places visited. For the mode of taking the decision of chance, see Section 16, Locable who. Supplement.

Instructional. Ratiocinative.

Art. 9. To the constant application of this security to establishments under government management,—the addition liable to be made to the quantity of time spent on the road, by fortuitous migrations made without regard to distance, would, by expenditure of time and money, oppose such a body of disadvantage, as would leave no adequate prospect of compensation: such being the security, afforded in all shapes, by the universal registration and publication system, coupled with the correspondent facility, afforded to individuals, for the indication of imperfection and abuse in all shapes.

But, on this or that occasion, this instrument of security presents itself as being, even in this case, capable of being employed with advantage by the above-mentioned constituted authorities.

Instructional. Ratiocinative.

Art. 10. Establishments under private management, as per Art. 4, are those, in regard to which the service capable of being rendered by it is most conspicuous: the light of publicity not being otherwise capable of being thrown, with adequate intensity, upon those minor objects.

Instructional. Ratiocinative.

Art. 11. Yet, not even in this case is the advantage clear of opposite disadvantage. On the one side, stands the advantage derivable from unpreparedness on the part of Inspectees: but this case supposes disorder already to have place: the remedy suppressive only, not preventive. On the other side stands the advantage derivable from preparedness on the part of eventual accusers. True it is that, in the form of written discourse, accusation is open to all at all times. But it is by indication of individual facts that accusation will in this case be performed. For this operation, to some persons written discourse, to others oral, is the most convenient instrument. But those to whom oral is so will always be the most numerous. Mutes excepted, all are able to speak: but to a purpose such as that in question, few in comparison will, in any state of things, be able to write.

Section X.

Officially informative function.

Instructional. Ratiocinative.

Art. 20. In the case of this department (the Administrative as in the others,)—for the appropriate supply of the information, on each occasion necessary or serviceable, provision is made, as far as may be, by the application made of these same systems to the business of this department. The function, by the exercise of which such information is afforded, may however require to be considered and spoken of, as a distinguishable and accordingly distinct function: to wit, for the reasons which follow:

1. On this or that occasion,—over and above all information or say evidence furnished by the exercise given to the registrative function,—it may happen, that ulterior evidence may, for the particular purpose of the particular occasion, require to be elicited; and, in conjunction with it, arranged and commented on.

2. In the event of the non-employment, or only partial employment, of the registration system, on this or that particular occasion,—the exercise given to this same officially-informative function will be, in proportion, the more necessary.

Instructional. Exemplificational.

Art. 21. Accordingly, the nature of the case will not admit of a doubt—but that, under every form of government, exercise is, with more or less frequency, comprehensiveness, and symmetry, actually and habitually given to it.

Instructional. Exemplificational.

Art. 22. In English practice, no such all-comprehensive or generally-comprehensive system of appropriate information-furnishing, from the Administrative authorities to the Legislature, has place. Generally speaking, no information is furnished to either of the two Houses, without its having been ordered: nor, for any information to be furnished in a ready-written form, is any order commonly issued, but in obedience to a special order by the House, with or without an intermediate order from the Monarch, to whom a petition from the House in question is addressed for the purpose, and with whom it rests to give or not to give such orders at pleasure: nor is such petition addressed, but in consequence of a resolution made, and expressed in writing for that purpose: which motion,—though scarce ever negatived, when made by a member of the Administration,—is frequently negatived, when made by a member, who is not specially connected with the party in office.

Instructional. Exemplificational.

Art. 24. From this state of things cannot but result the consequences following:

1. Forasmuch as, rare and extraordinary accidents excepted, the will and agency of both houses of the Legislature is determined by that of the administrative authority, and no condemnation can be passed on the conduct of any person, but on the ground of appropriate and adequate information,—nor can any such information be furnished, but by consent of the party in office,—hence it is, that, on the conduct of no member of that party, can any censure be passed, nor so much as inquiry be made without the consent of that same party: and, by this state of things, without need of anything more, the self-judication principle is constituted an all-determining principle; and all show of effective responsibility, except to the Public-Opinion Tribunal, is mere pretence and mockery.

2. Even where the party in administration has no aversion to the exhibition of the information in question, it is matter of accident whether the House ever receives possession of it.

3. In consequence,—to an indefinitely great extent, evil in various shapes cannot but have been habitually taking place for want of some information, by the receipt of which, by both or either of the two houses, it would have been prevented.

4. Of the information, by which are determined the proceedings, of the House in which, with few exceptions, all laws originate, to wit, the House of Commons,—it is only in a small part of the whole number of instances individually taken, that the whole stock is possessed by the other House. Thus it is that, in relation to one and the same matter, the two Houses are, on almost every occasion, acting on different grounds: the one House, on grounds frequently partial and inadequate, the other House rarely on grounds other than partial and inadequate: the whole Legislature acting under a system of delusion, and in an habitual course of more or less mischievous operation, even when not thereto purposely determined by any sinister interest.

Instructional.

Art. 12. To the Legislature it will belong,—to determine in what cases, if in any, it shall be matter of obligation to persons at large, to furnish, to the several Administration offices, information relevant and material to the business of those same offices. In so doing, regard will be had, as well to all expense and vexation necessarily attached to the furnishing of such information,—as also to the difficulty of making sure, that the knowledge of the existence of such obligation has been presented to the mind of the individual, at whose hands it is required: and for this purpose, care will be taken, that no such obligation shall extend to any species of information, in regard to which, mention of such obligation has not been inserted in the Code, appertaining to the situation in life in which the party is placed.

Instructional. Expositive.

Art. 13. Of cases in which the obligation of spontaneously furnishing information may,—in so far as duly notified, as above, be reasonably imposed, examples are the following:

1. Information of calamity, recent or impending, to the Prerentive-service Minister.

2. Information of hostility, recently committed or impending, to the Army Minister or Navy Minister, as the case may be; and, in both cases, to the Prime Minister.

Instructional. Exemplificational.

Art. 14. In English practice, such obligation is imposed, upon all persons without exception, in the case of all offences, to which the denomination of High Treason is applied. Misprision is the denomination in that case given, to the offence consisting in the non-fulfilment of that same obligation.

Section XII.

Melioration-suggestive function.

Enactive.

Art. 1. Melioration-suggestive function. In the exercise of it, as often as, in respect of any part of the business of his office, the practice thereof presents itself to the view of the Minister, as needing correction, or as being susceptible of improvement,—it belongs to him to draw up, and transmit to the Prime Minister, an appropriate Melioration-suggesting Report.

Enactive.

Art. 2. Included in the melioration-suggestive function are the elementary functions following:

I. Indicative function: exercised by a statement made, in general terms, of the supposed amendments proposed.

Enactive.

Art. 3. II.—Ratiocinative, or say Reason-giving function: exercised by adding, in the form of reasons, a statement of the beneficial effects, looked for from the several proposed changes; prefacing them with an indication of the maleficial effects, if any, resulting from the actual state of things.

Enactive. Ratiocinative.

Art. 4. III.—Eventually emendative function: exercised, by a written instrument, by the authorization whereof in the very terms therein employed, it appears to the writer that the change, if approved of, may most aptly be accomplished: together with an indication of the authority, whose sanction will, it is supposed, be necessary, and sufficient, for the accomplishment of it: whether, for example, the authority of the Legislature be requisite, or any and what authority subordinate thereto may be sufficient. For the reasons why, for the designation of a proposed change, the very terms of the appropriate regulations require in this case to be employed, see Ch. xii. Judiciary collectively, Section 20, Judges’ eventually emendative function; and Ch. vi. Section 29.

Enactive.

Art. 5. Exemplars will be disposed of as follows:

1. Kept in the Office, one.

2. Kept by the Minister for his own use, one.

3. Transmitted to the office of the Prime Minister, one.

4. At the same time to the office of the Legislation Minister, one.

5. So, to that of the Finance Minister, one.

Instructional.

Art. 6. Whatsoever benefit, may from time to time have been derived from the exercise given to this function,—will be as it were the fruit, and that the ripest fruit, of whatsoever labour has been employed, in the exercise of the several before-mentioned functions.

Section XIII.

Term of service.

Enactive. Ratiocinative.

Art. 1. Dislocation excepted, as per Section 18, Dislocable how,—a Minister’s term of service is the term of his life.

Ratiocinative.

Art. 2. Question. Why, in the situation of Minister, render the length of a man’s term of service eventually and probably the same as that of his life; instead of rendering it no more than annual, followed by temporary non-relocability, as in the case of a member of the Legislature?

Answer. Reasons.

I.—Because, in every one of the thirteen subdepartments,—in the situation of Minister, the field of service being, in comparison with what it is in the situation of Legislator, narrow,—and the subject-matter of consideration and operation, matter of detail,—appropriate knowledge, judgment, and active talent, will necessarily be kept in a state of constant exercise, and thence, receiving increase, in proportion to the length of the course of practice and experience: whereas, in the situation of Member of the Legislature, to no one of the above faculties is any exercise given of necessity: nor in the case of the great majority, under the discontinued relocability system, is it likely to be given in such sort as to be productive of public benefit, unless it be under some special stimulus,—such as that which has place, in the case of those Members who possess, or look to possess, the faculty of exercising influence on the proceedings, in the character of speakers,—and such, to whom it may have happened to be continued for a number of years together in the situation of Continuation Committee men.

Ratiocinative.

Art. 3. II. Because in case of deficiency in appropriate aptitude in any of its shapes,—for the dislocation of a Minister, as per Section 18, Dislocable how, facilities have place, much greater than those which apply to the case of a Member of the Legislature; and for the existence of that same aptitude in the meantime, securities, as per Section 25, more numerous and still more efficient: the dislocatedness, a loss to which a Member of the Legislature will in comparatively but a very slight degree stand exposed. Yes: slight in comparison it would still be, should he even be, all the while, carrying on, in conjunction with the Prime Minister, a plan of depredation, by exercise all along given to the quantity of the matter of corruption placed at his disposal, and the facility of making application of it to evil purposes.

Section XIV.

Attendance.

Enactive. Expositive.

Art. 1. In-door service and out-door service. Between these two modes, or say branches of service, will the attendance time of the several Ministers, taken in the aggregate, be divided.

By In-door service, understand whatsoever service is performed by the Minister in his official residence; by Out-door service, whatsoever service is performed by him anywhere else: for example, by inspection progresses, as per Section 9, Inspective function.

Instructional.

Art. 2. By the principles and reasons brought to view in the case of the Members of the Legislature in Ch. vi., Section 20, Attendance and remuneration, how connected,—will the aggregate quantity of time, employed by them in both branches taken together, be determined; in what proportion it shall be divided between the two, the Legislature, regard had to the different nature of the several services, will determine.

Ratiocinative.

Art. 3. For the uninterruptedness of attendance on the part of the Legislature taken in the aggregate, and the punctuality of attendance on the part of its several Members, individually considered—special grounds, over and above those brought to view, as above, in the chapter having for its subject-matter the Legislative Department, are furnished by the need of receiving the several communications made from the offices of the several Ministers in the exercise of the officially informative functions, as per Section 11. To the end that, in every instance, at the earliest moment requisite, all such arrangements may be taken for which, at the hands of the Legislature, the nature of the communication may have produced a demand.

So likewise by the need of receiving, and eventually operating in consequence of, Reports from the Judiciary Department, as per Ch. xii., Judiciary collectively; Section 19, Contested interpretation-reporting function; Section 20, Eventually-emendative function; Section 21, Sistitive, or say Execution-staying function; and Section 22, Pre-interpretative function: also of taking the requisite cognizance of the proceedings of the several Sublegislatures.*

Section XV.

Remuneration.†

Ratiocinative. Instructional.

1. Prince.

2. Arch-Duke.

3. Grand Duke.

4. Duke.

5. Marquis.

6. Count or Earl.

7. Viscount.

8. Baron.

9. Baronet.

10. Knight—to wit, of any one of a variety of orders.

11. Knight—of no order.

Expositive.

Art. 32. Examples of ensigns of dignity, worn about the body of the individual, are—

1. Stars.

2. Crosses.

3. Ribbons.

4. Garters.

5. Gold and silver sticks.

Expositive.

Art. 33. Examples of ensigns of dignity, exhibited on utensils of various sorts, employed by the individuals, are as follows:—

1. Coronets of various shapes, corresponding to the several titles of honour.

2. Armorial bearings.

In this latter case, the assertion conveyed, though in most instances contrary to truth, is—that some ancestor of the individual had employed himself in an enterprise of unprovoked slaughter and devastation. For a symbol, if requisite, a gibbet, substituted or added, would have been more suitable.

Ratiocinative. Instructional.

Art. 34. To the purpose of remuneration, whether for ordinary or extraordinary service,—unsuitable, in comparison with natural honour augmented, as above, would merely factitious honour be, as above, even if judicially conferred. For, with the utmost conceivable accuracy, in each individual instance, does the quantum of natural honour adjust itself to the quantum of merit, in every shape, of the service: the lots of reward, attached to the aggregate number of services rendered within a given time, thus rising, one above another, in gradations which may be as numerous as the individual services themselves. Thus it is, that, in this mode of remuneration, not a particle of injustice can ever have place, except that which, as in all other cases, is liable to be produced by deceptiousness on the part of the evidence, or want of aptitude on the part of the Judge; and, by the supposition, this danger is the same in both cases.

On the other hand, where it is of factitious honour that the reward is composed, no such accuracy of adjustment can have place. Between grade and grade, how numerous soever the grades, there must always be a space more or less considerable; each such space is consequently a field of possible injustice, the magnitude of which is as the amplitude of such space. But, proportioned to the magnitude of each such space, is the discouragement, applied to the most meritorious of two or more services, to which the same lot of factitious reward is applicable. For if, for the rendering of each of them, sacrifice in any shape is necessary, in such sort that greater sacrifice is necessary in the case of the most than in the case of the least valuable of the two, the identity of the reward in both cases operates as a premium on the least valuable—as a prohibition on the most valuable. Moreover, in the case of the factitious honour, the justice of the decree is exposed to a degree of disbelief, and the Judge to a degree of disrepute, for which, in the case of the natural honour, there is no place. In the case of the factitious honour, it is by the Judge that the exact place in the scale of honour is determined, since it is by him that it is conferred, in the shape of some title of honour, or some ensign of dignity, which has a specific name. In the case of natural honour, it is not by the Judge, but by the Public-Opinion Tribunal, that, in each individual instance, the bene-meritant’s place in the scale of honour is determined. The Judge may be corrupt, or (what, so far as regards the individual case, amounts to the same thing) may be suspected of being so; the Public-Opinion Tribunal cannot.

Enactive. Ratiocinative. Instructional.

Art. 35. Sufficient of itself for the destruction of this Constitution might an instrument of corruption of this sort be, if arbitrarily conferrible. To the Prime Minister alone could the power of conferring it be allotted; for to no other functionary could any one propose to allot it. In the hands of a man of ordinary ambition and superior ability, sufficient then might this one instrument be, for the conversion of the here-proposed commonwealth into an arbitrary monarchy: at the least, into a monarchy operating by an all-pervading and all-vitiating system of corruption, waste, and unpunishable depredation, as in England. Into his lap, in return for these objects of general desire,—for themselves, or, what would amount to the same thing, for their connexions,—would continually be poured power in various shapes, impunity for various transgressions, and money from various sources by the Legislature, that is, by the acting majority of the members. Immoveable he would remain, how flagrant soever were his inaptitude.

Enactive. Expositive.

Art. 36. Exceptions excepted, repugnant to these same principles is all ultra-concomitant remuneration. By ultra-concomitant remuneration, understand all habitual remuneration for habitual service, after the cessation of the habit of service.

For exceptions, apparent rather than real, see Ch. xi, Ministers severally, Section 3, Army Minister, and Section 4, Navy Minister.

Ratiocinative.

Art. 37. Completely needless, and thence unjustifiable, is all such ultra-remuneration. A baker is not paid for supplying food when he has ceased to do so; a medical practitioner for attending patients; a law practitioner for assisting litigants. Yet never is there any want of bakers, of medical, or of law practitioners: as little, in any official situation, would there be any want of occupants,—if, in the case of service rendered to the whole community, as in the case of service rendered to individuals, the habit of receiving the remuneration were to expire with that of rendering the service. But, bakers have it not in their power thus to load customers; medical practitioners, patients; law practioners, litigants: while, in a Government which has for its end in view the good of the few, and, for the subject-matter of its sacrifice, the good of the many, placemen have it in their power thus to load subjects. In the Anglo-American United States, waste in this shape has no place.

Expositive. Ratiocinative.

Art. 38. Of modes of ultra-concomitant remuneration, examples are as follow:—

1. Superannuation pensions, granted on presumption of relative inaptitude, through infirmity caused by age.

2. Pensions of retreat, granted on the score of casual inaptitude, through infirmity.

3. Pensions of retreat, granted without so much as the pretence of infirmity, on the score of a certain length of past service, balanced all along and requited already by concomitant remuneration.

Remuneration thus located is a premium on inaptitude. Men flock into the situation in contemplation of inaptitude: the infirmity, if it occurs, is exaggerated: if worth while, fostered or even produced: for the plea of it, naturally ready assistants may be looked for in all third persons, who are, or regard themselves as exposed to be, sufferers by it; most strenuous of all, the patron to whom the right of location accrues.

Enactive. Instructional.

Art. 39. Repugnant to these same principles is all artificially mislocated remuneration,—so located, at the expense of the community, by the hand of Government. It is universally needless; it is essentially unfrugal.

Expositive.

Art. 40. By artificially mislocated, understand conferred on an individual, other than him by whom the service was rendered.

Expositive.

Art. 41. Mislocated: it is either mislocated in toto or extravasated.*

Expositive.

Art. 42. It is mislocated in toto, where, to a person by whom the service in question was not, in any part, rendered, reward is given; to him by whom it was rendered, none.

Expositive.

Art. 43. It is extravasated, in so far as, to reward given to the person by whom the service was rendered, is added, on that same account, reward given to some person, by whom, on the occasion in question, no service was rendered.

Ratiocinative. Expositive.

Art. 44. On the contrary, purely beneficial, and by the whole amount of it, is all remuneration in so far as naturally extravasated. Naturally extravasated it is, in so far as, without expense to Government, in virtue of preestablished connexions, the benefit of it diffuses itself among any, who, by any tie of interest, self-regarding or sympathetic, are in any way connected with the remuneratee. In this case, having place without expense to the community, it is so much pure good, and the more there is of it the better.

Ratiocinative. Instructional.

Art. 45. Of reward mislocated in toto, an example has place as often as, for service rendered by a Subordinate, the Superordinate not having contributed anything to the performance of it, the Superordinate reaps the reward, the Subordinate no part of it.

In monarchies, injustice in this shape naturally and habitually pervades the whole of the official establishment: the more abundantly, the more absolute the monarchy is, and thence the more perfectly the light of the public eye is excluded from all official operations.

From this code, by the exclusion of all arbitrarily conferred reward, as per Arts. 8, 9, injustice in this shape will be seen effectually excluded. Every man will be judged of according to his works.

Expositive. Ratiocinative.

Art. 46. Of reward artificially extravasated, at the expense of the community, by the hand of Government, examples are the following:—

1. Pensions, receivable by the widow of the functionary, on his decease.

2. Pensions, receivable by a child or children of the functionary, on his decease.

3. Pensions, payable to any more distant relative of the functionary, on his decease.

These may be styled post-obituary or post-obit pensions.

4. An income in perpetuity, derived from land or otherwise, with power given to the supposed bene-meritant and his representatives to hold in hereditary succession, as if so purchased by him. In this case, for the benefit of one individual, generations, indefinite in number, are subjected to depredation.

Enactive. Ratiocinative. Instructional.

Art. 47. Pre-eminently repugnant would be any such compound, as that which is composed of factitious dignity, with fractional masses of supreme power, legislative and judicial together; the whole rendered extravasate, running in the blood of the first remuneratee, from generation to generation, through a boundless line of descendants, from no one of whom could any part have been borne in the supposed public service so remunerated: those same generations being, moreover, loaded with the obligation of keeping repaired all breaches, made by dissipation in the originally excessive mass of wealth, originally combined with that same inordinately rich compound† the whole for the perpetual saturation of appetites essentially unsaturable.

Expositive. Ratiocinative. Instructional.

Art. 48. For examples, see Art. 31: those appellations, which elsewhere designate little more than the gaseous dignity, designating, in one nation—many of them—the above-mentioned substantial compound: for, in the race of waste and corruption, it was ordained of old, that the foremost of all other Governments should be distanced by that, of which it is the distinguishing character to be (in the words of its own so indefatigably trumpeted proclamations,) “the envy and admiration of all surrounding nations.”

Enactive.

Art. 49. In respect of any extraordinary public service, analogous to the ordinary service attached to any official situation in this department,—any person whatever, by whom any such extraordinary service has been rendered, may be considered as belonging, on that occasion, to that same office, and, in proportion to the value of the service, be remunerated.

Enactive. Expositive.

Art. 50. Service, which, to a functionary in the situation in question, would be ordinary, and sufficiently requited by the remuneration attached to it, may, if rendered by a person not in that situation, be extraordinary, and as such be remunerated.

Expositive.

Art. 51. Examples are as follows:—

1. Service, by defence of any portion of the territory, or of a Government or private vessel, or any individual inhabitant of the territory, against aggression by any pirate or foreign enemy. Subdepartment, the Army or Navy.

2. Service, rendered, at the peril of life, by the apprehension of a depredator or other common malefactor, while engaged in the commission of a crime. Subdepartment, the Preventive Service.

Art. 3. Of this system of location the leading features are as follows:—

A choice will, at any rate, be to be made, out of a number of candidates or persons proposed. According to this Constitution, for reasons elsewhere given, by a single person, and not by a number, the location must on every occasion be made. That person can be no other than the person, on whom, in case of a bad choice, as demonstrated by relative inaptitude, the responsibility, legal or moral, or both, will fall; in a word, the Prime Minister. By no legal restriction is he, therefore, prevented from choosing any person at pleasure: but, by a moral restriction, by the circumscribing eye of the Public-opinion Tribunal, his choice (as per section 17, Located how) will naturally be confined within limits comparatively narrow. The person whose degree of appropriate aptitude, in all its several branches, as certified by the votes of a set of appropriately determined Judges, stands highest, will have been made known—made known to him and everybody. Thus it is that provision is made for maximization of aptitude.

Remains now the minimization of expense. Of those persons who, in the scale of aptitude, stand on or near the same level, it is made known by public competition who those are who in the situation in question, are willing to serve the public on the lowest terms. Provision for moral aptitude is at the same time made, by a scrutiny, performed at the same time, in the course of the same examination, and with equal publicity.

If, to a person who, in the eyes of the universal public, is seen to stand foremost in the line of appropriate aptitude, and in that of cheapness of service, taken together,—he prefers a person not distinguished in either way, it is at his peril—at the peril of his reputation—that he does so. Nor can an improper choice afford any promise of producing to him any permanent advantage; for, in the case of every office, the power of dislocation is confided to a number of hands, each acting separately, with full power, and who, not adding to it (any one of them) the power of location, stand (every one of them) altogether divested of all inducement to abuse a power so thankless and unprofitable to the possessors.

For calling into exercise this dislocative power, there will be the motive afforded by the affection of envy in the breasts of disappointed rivals:—a check not capable of being brought into operation in the ordinary case of a purely arbitrary power of patronage.

The choice being thus narrowed, not only expense, but with it, power of corruption, is minimized: the benefit thus bestowed is the produce—not of favour, but of right: though not of legally binding, yet of morally binding right.

Enactive. Ratiocinative.

Art. 4. Under this system, two periods there are, in relation to which, separate provision requires to be made; the preparation period, and the consummation period. The consummation period, though last in the order of time, requires to be first described; the other not being otherwise capable of being made intelligible.

Expositive.

Art. 5. By the consummation period, understand that, during which the courses of proceeding regarded as necessary to the production of appropriate aptitude in the several official situations, in the degree of perfection regarded as desirable and attainable, will be carrying on, each of them during the whole length of time regarded as desirable. Of this period, the commencement will coincide with the termination of the preparation period: determinate end it will have none.

Expositive.

Art. 6. By the preparation period, understand that during which those same courses will have been going on, but will not have continued long enough, it is supposed, to have produced, with sufficient certainty, the whole of the desired benefit.

Instructional. Ratiocinative.

Art. 7. If in any degree beneficial, these same courses will, however, almost from the first, have been productive of some degree of appropriate aptitude, which benefit will have continued on the increase up to the point of time at which the preparation period terminates, and the consummation period commences. This increase, at every distinguishable stage of it, the Legislature will turn to profit, as per Art. 42, and those which follow it.

Instructional.

Art. 8. For these several courses, the several times of commencement will be appointed by the Legislature.

Instructional. Ratiocinative.

Art. 9. On these principles, throughout the official establishment, proceed the several arrangements, in virtue of which, so soon, and so long, as any person is to be found by whom appropriate proof has been given of his having reaped any distinguishable portion of the benefit in question, no person by whom like proof has not been given will be locable: and, by the whole amount of the thus acquired aptitude, how small soever, this system of location will be preferable to any in which no security at all is given for appropriate official aptitude. Thus it is, that not by doubt, nor even by despair, as to the practicability of carrying the system to the height of perfection here exhibited to view, can any tenable reason be given, for omitting to carry it so far as it shall be found capable of being carried into effect.

Instructional.

Art. 10. For this, as well as other purposes, the Legislature will have caused to be made, and published, an all-comprehensive list of the several situations, belonging to this, as well as the several other departments: name of it, The Office Calendar: as to which, see also Section 25, Securities for Appropriate Aptitude.

Instructional. Expositive.

Art. 11. General heads, under which, for the present purpose, these may be ranged, are—

I. Situations of talent.

II. Situations of simple trust.

III. Situations of trust and talent.

Expositive. Instructional.

Art. 12. By situations of talent, understand those so circumstanced, that, for the apt fulfilment of the duties attached to them, appropriate knowledge, judgment, and active talent, in some special shape or shapes, as per Art. 15, over and above appropriate moral aptitude, are regarded as necessary.

These situations will be formed into groups, corresponding to the several groups of branches of art and science, proficiency in which shall have been regarded as necessary to the apt exercise of the several functions respectively belonging to the several situations.

Expositive.

Art. 13. By situations of simple trust, understand such, for the apt performance of the duties whereof no such proficiency is necessary.

Examples are—

1. Situations, the duties of which are discharged by the receipt, custody, and transmission, of money.

2. Or of messages from a central part of the territory of the state to every other: as in the case of Post-office situations.

3. Or of stores of any kind: except in so far as, according to the nature of the article, chemical knowledge respecting the causes and preventives of deperdition may be necessary.

4. So, situations, in virtue of which the custoditive function is exercised with relation to an immoveable subject-matter: excepting as above.

Expositive.

Art. 14. By situations of talent and trust, understand such situations of talent, for the apt performance of the duties whereof the disposal of the services of men in considerable numbers, or of things, for public use, to considerable value, is necessary.

Instructional. Expositive.

Art. 15. Of groups of talents, proficiency in which may be regarded as necessary to the apt exercise of the functions belonging to correspondent groups of situations, examples are as follow:—

I. Talent-requiring Situations.	II. Talents therein more especially requisite.
1. Army Minister, and his various subordinates, in the several situations of Commander of Engineers, of Artillerymen, and Cavalry; Commissary, for the purchase, preservation, and conveyance of military stores and provisions; Medical Curator; Military Judge.	1. Mechanic and Chemical Art and Science, various branches. Mathematics, in so far as subservient thereto. Fortification. Military Tactics. Medical Art and Science, in most of its branches. Judicature, as applied to Army Service.
2. Navy Minister, and his various subordinates.	2. Mechanic, Chemical, and Medical Art and Science, various branches, as in the case of Army Service. Astronomy, in so far as applied to the determining the place of a navigable vessel, whether at anchor or in her course. Mathematics, in so far as subservient thereto. Naval Architecture. Naval Tactics. Judicature, as applied to Navy Service.
3. Interior Communication Minister, and his subordinates in various situations belonging to this subdepartment.	3. Mechanical and Chemical Art and Science, various branches; more particularly Hydrostatics and Hydrodynamics. Mathematics, in so far as subservient thereto.
4. Indigence Relief Minister.	4. Political Economy.
5. Domain Minister.	5. According to the nature of the several Domains—Agriculture, Geology, Mineralogy, and the several branches of Mechanical and Chemical Art and Science subservient thereto.
6. Health Minister, and his various subordinates.	6. Medical Art and Science, all its branches. Chemical Art and Science, all its branches. Mechanical Art and Science, various branches. Natural History, most of its branches. Geography, in so far as regards climate and temperature, in countries which the members of the community may have occasion to visit, either for war or trade.
7. Foreign Relation Minister, and his subordinates, in the several situations of Envoy for General Purposes, and Consuls for the special purpose of protection of trade.	7. Branches of Art and Science, corresponding to the faculties of reading, speaking, and writing, in various languages. Political Economy, in respect of the affairs of trade. History and Geography. National Statistics. International Law.
8. Finance Minister, and his various subordinates.	8.—1. Political Economy, as above.
	2. Branches of Art and Science to which belong the several processes of the several manufactures and other branches of profit-seeking industry, the operations of which are liable to become subject-matters of taxation, restriction, prohibition, or compulsory obligation. History, Geography, National Statistics, and International Law, as above.

1. Returns made to the advertisement, as per Art. 42.

2. To the several places in question, pecuniary supply, afforded by Government; or ascertainment of the needlessness of such supply.

3. Time elapsed, sufficient for the obtainment of instruction, more or less extensive, in the several branches of art and science in question, or some of them; observation being at the same time made, that, how small soever, the instruction obtained in consequence of this plan will, by the whole amount of it, have been so much more than would have had place otherwise. More will always be better than less, but the least will always be better than none.

Enactive. Instructional.

Art. 20. Mode of procedure in these examinations:—in the main this will be the same as in an ordinary Immediate Judicatory.

Examples of points of agreement and coincidence are as follow:—

1. On the pursuer’s side, applicants, and demandants (the several scholars) demanding admission into the locable list, and to that end presenting themselves for examination.

2. Subject-matter of demand, the judicial service, which the Judicatory will have rendered to the applicant, if being placed on the list, he is at the same time placed at the head of it, or in any such inferior place as shall have been thought fit.

3. Defendants, in like manner, these same several scholars, each contesting the demand made by every other, of the highest station, and the several next stations, one below another, as above.

4. Evidence in favour of his own aptitude, spontaneously adduced by each scholar in the character of demandant,—any such marks of proficiency, as, according to the nature of the case, the regulation shall have allowed to be exhibited.

5. Other evidence in his favour, elicited by interrogation, addressed to him by any Judges, or Quasi-jurymen, or fellow-candidates, so disposed.

6. Other evidence, elicited by counter-interrogation, addressed to him in pursuance of the opposite disposition.

7. Also, whatever evidence operates, in a direct way, in favour of any one of his several competitors, as above.

8. Publicity, throughout maximized.

Expositive.

Art. 21. Examples of points of diversity on the part of this as compared with an ordinary Judicatory, are as follow:—

1. Substitute or assistant, none, gratuitous or professional, to any such candidate, either as demandant or defendant.

2. Co-demandants or co-defendants, none compelled or compellable to be.

3. Extraneous witnesses, none compelled or admitted, except in case of necessity, on an examination into moral aptitude as per Art. 34.

4. Costs, that is to say, compensation to a party on the opposite side for expenses of demand or defence, none exigible.

Enactive.

Art. 22. Of the Qualification Judicatory the opinative decree will be thus formed:—Modes of rotation, two: the secret mode; then, before the result of the secret mode has been disclosed or ascertained, the open mode.

Enactive.

Art. 23. Of the way in which votation in the secret mode may be conducted, an example is as follows:—

1. A roll of paper or parchment is provided: length such as to contain the names of all the several candidates, one under another.

2. In this roll are so many columns, placed abreast of one another, headed each by the names of such groups of branches of art and science as, for this purpose, have been assorted into groups, as per Art. 15.

3. Under each of these heads, in each column, follow the names of the several candidates, in the alphabetical order of their surnames.

4. To each voter have been delivered tickets, in card or paper, equal in number to that of the candidates, multiplied by the number of the above groups of branches of art and science.

5. Underneath, or at the back of the name of each candidate, according to the space provided, the voter pins a ticket, exhibiting the number, expressive of the relative rank which it is his desire the candidate should occupy.

6. Say, for instance, voters (Judges and Quasi-jurymen together) 25; candidates, 200; groups of branches of art and science, 4: thence, total number of tickets requisite for each voter, 800.

7. Breadth of each ticket, say about one-fourth of an inch; hence, length of each roll, exclusive of the heading, 50 inches—4 feet 2 inches. Divide the roll into two equal parts, placing them abreast; length of each will be 2 feet 1 inch.

8. The words and figures employed, being, all of them, in print, and printed in the same press, the person of the voter cannot thus be made known, as by hand-writing it might be.

9. The two half-sheets of each sheet being folded one over the other, in the manner of a sheet of paper in folio, the numbers attached to the names, will not in any instance, be visible.

Enactive.

Art. 24. Mode of giving in the votes. On a day pre-announced, the Judges in presence of each other, deliver in to the Registrar, each of them, his voting roll, at the same time: as delivered in, these rolls are shuffled, in the manner of a pack of cards, that it may not be known by what person they have respectively been delivered in. They are then deposited, one upon another, in a box. The box is scaled, by an impression from each Judge’s seal.*

Enactive. Expositive. Instructional.

Art. 25. Mode of scrutiny. For performing the arithmetical operation, the course taken is as follows:—

1. For the assistance of the Registrar, scrutineers, two or more, are elected by the Judges.

2. In case of equality, the President has a casting vote.

3. At the commencement of the scrutiny, and not before, the seals are broken. Thus, by the shortness of the time, all unduly partial disclosure, indicating by means of secret marks, which roll was delivered in by which Judge, is rendered impracticable.

4. In relation to each such group of subject-matters, the figures expressive of the ranks, assigned to the several candidates by the several voters, being summed up,—he, in regard to whom the sum is least, is thus seen to stand highest in the judgment of the whole Judicatory taken together.†

Enactive.

Art. 35. Till such list has been framed and published, the liberty of interrogation will be unlimited. Power in this case to the majority of the judges, spontaneously, or at the instance of the candidate who is the subject of the interrogation, to inhibit answer, or declare the interrogatee at liberty to answer or not, as he thinks best. As to this, see Ch. xii. Judiciary collectively, Section 28, Locable who.

Art. 43. Examples of these questions are the following:

1. At the time of answering, have you under your instruction, any and what pupils, and of what ages respectively, in any and what branch or branches of instruction contained in this advertisement; and during what length of time have you so had them respectively, mentioning in each instance the year, month, and day of commencement?

Art. 58. Coincident with the earliest consummation period that has place, will be the preparation period. So many years, half-years, or quarters, so many stages, into which it may be considered as divided. By whatever considerations the Legislature will have been determined to cause the course of instruction to be administered in its entire length, by the same will it have been determined to cause to be administered whatsoever smaller portion the interval of time will, at each stage, have admitted. For,

1. In relation to appropriate aptitude in official situations, any quantity of time, employed in appropriate instruction for the obtainment of it, will be better than none.

2. Of any given degree of such aptitude, any such direct evidence will be better than none.

2. Probationers, entitled and expected to be examined—their whole number.

3. Functionaries, entitled and expected to take part in the examination, their several classes, and the number of individuals in each. As to this, see Arts. 17, 18.

4. Classes of Examiners: as per Art. 18, three.

5. Number, of individual examinees in each class.

6. Aggregate number, of the individuals in the aggregate of the classes.

7. Time, intended to be occupied in the elicitation of the appropriate information in the extractive mode, to wit, by interrogations followed by correspondent responses.

8. Time, proposed to be occupied in elicitation in the simply receptive mode: to wit, by inspection applied to exhibition.

For the several modes of elicitation, as applied to appropriate information, or say evidence in general, see above, Section 11, Information-elicitative function.

Instructional. Enactive.

Art. 64 or 4. Mode of procedure for the elicitation of responses.

For each branch of art and science, provide a book, in which the whole matter of it, or such portion as shall have been deemed necessary and sufficient, has been cast into the form of questions, with correspondent answers: say, for distinction, responses. Name, common to each such book, the Question Book; name of each such question book—that same generic name, with the addition of the name of the branch of art and science in question prefixed to it. Examples, Chemistry Question Book: Mechanics’ Question Book.

Instructional.

Art. 65 or 5. For the purpose of obtaining the instructions afforded by it, the assumption is, that, by each probationer, the whole matter of it may have been stowed in his memory: but that, for the purpose of their making proof of such portion of instruction as they have respectively obtained from it, only a part of the instruction so obtained can be brought to view; brought to view, to wit, by responses, delivered in compliance with the corresponding questions propounded; only a part by the aggregate of them; consequently, not more than a much smaller part by any one. Such, accordingly, is the course here supposed to be determined on, and universally known to be so.

Instructional.

Art. 66 or 6. This being assumed,—one consequence is—what person soever it be, by whom, for the purpose of his undergoing the scrutiny in question, it is deemed necessary that he should enable himself to make apt response to any one of these same questions, by that same person will it be deemed necessary for him to enable himself to make response to all alike; whereas, supposing him to regard any one part of the whole number as being more likely to be propounded to him than others, in any number,—he would be tempted to content himself with qualifying himself for making answer to this most probably propounded part, leaving the remainder in a state of absolute or comparative neglect.

Instructional. Ratiocinative.

Art. 67 or 7. In the following mode, lot may be seen to be made effectually instrumental to the exclusion of partiality, as well unfavourable as favourable, on the part of examiners.

1. So far as it depended upon the choice of the examiner to determine the questions, or other tests of aptitude, that shall be propounded to a probationer,—the consequence would be a power of favouring or disfavouring, without any regard to appropriate aptitude, the pretensions of probationers, in any number, at his pleasure. To favour any probationer, he might propound such questions alone, how little probative soever of aggregate aptitude, as the probationer was best prepared to answer; or, to disfavour another probationer, he might propound such questions alone as,—to his (the examiner’s) knowledge,—the probationer would be unqualified, or, at any rate, least qualified to respond to.

2. If, of the whole number of the questions that ought to have had place in the lottery, any part were omitted,—the lottery would, in proportion to the magnitude of the omitted part, fail to be as probative a test of aptitude as it would be otherwise; and such would be the case, although it had been by chance, not choice, that the omission had been produced.

If, on the other hand, there were any person, by whose choice any such omission could take place,—it would, in this indirect way, be in the power of that person to give effect to undue partiality, favourable or disfavourable, as above.

Instructional. Enactive.

Art. 68 or 8. Mode of proceeding, by which choice is excluded, and to all eyes shown to be so. Example:—

1. Manner of arranging the questions, for the purpose of its being, in each instance, determined by lot which of them shall be propounded.

In the Question Book, the questions being designated, each of them, by a number prefixed to it, and the numbers following one another in numerical order,—a set of square tickets, (of card, suppose) all of equal size, marked with the correspondent numbers, are provided. These tickets, in the appointed manner, and in numerical order, are ranged together in juxtaposition—in the manner of squares in a chess or draught board, and, like them, enclosed in a square frame. Total number of questions (suppose) 1000: number of the above square tickets in each frame, as in a Polish draught board, 100: on this supposition, number of boards requisite, 10: size of the tickets such as shall suffice to render it manifest, to the requisite number of eyes, at one view, that for every question there is a ticket: and that for no questions there are tickets more than one.

Name of a ticket of this sort, a question-indicating ticket; or, for shortness, a question ticket.

Instructional. Enactive.

Art. 69 or 9. Manner of drawing out the question-tickets.

1. A box is provided, figure square or cylindrical; size, such as to admit of the tickets being thoroughly shaken in it, in such manner that no traces of the order in which they are originally deposited shall be perceptible: for a cover, it has a cloth, in which is a slit, long enough to admit a hand:—fittest hand, that of a child, not old enough to be exposed to the suspicion of having received instructions enabling it to act with discrimination. When the tickets have been dropt into the box, and a stiff cover substituted to the flexible one,—the box is handed over to a number of persons successively, to be shaken for a sufficient time by each: the inflexible cover being replaced by the flexible one, the hand is introduced into the aperture, and the question-tickets, in the pre-determined number, drawn out, and, as they are drawn out, exhibited to all present,—and, in the eyes of the same persons, lodged, as expeditiously as may be,—and now likewise, in so far as the necessary gaps admit, in numerical order—in an appropriate frame. The frame is thereupon covered up and sealed; and, either by the numerical order, or by fresh lot, may now be determined—which of the several questions shall be presented to the several probationers.*

Instructional.

Art. 70 or 10. In the same manner may be determined whatsoever exhibitions the several probationers shall have to perform.

Institution, in the practice of which this same fortuitous mode of selection, for the probation of appropriate aptitude, is exemplified—the Health subdepartment at Berlin.*

Instructional.

Art. 71 or 11. A mode—the surest and most commodious of all that presented themselves—being thus proposed, for obtaining a decision at the judicatory of Fortune,—this, as well as any other, may be the place, for taking and exhibiting a supposed all-comprehensive view of the occasions on which, and the purposes to which, beneficial application may be made of it.

Instructional.

Art. 72 or 12. Cases, in which this same mode of selection is susceptible of being employed with advantage in the attribution and distribution of benefits in other shapes besides the above:—the benefit too small in value to be administered in the shape of the smallest denomination of coin; or at any rate to pay for the unavoidable expense of requisition or transmission, with the intermediate and subservient operations included in that of communication. Examples—

Division of a fund constituted by, and composed of—

1. The effects of a proprietor deceased.

2. The effects of an insolvent, extraneously declared such, or self-declared.

3. The subject-matter of a bequest or donation, ordaining money, from a certain source, to be divided among persons of a certain description.

4. Prize-money: money produced by the division of a mass of specie, or sale of a mass of property in other shapes, taken in war.

Instructional.

Art. 73 or 13. Cases, in which it is susceptible of being applied to the location of a burthen: the burthen, (suppose,) that which is imposed by the obligation of rendering service, burthensome to the individual rendering it, but regarded as serviceable to the community at large, or this or that section of it.

Case I. Delinquency not imputed. Examples:

Art. 9. In this instrument, matter will be to be entered under the several heads following: to wit,

1. Name, at full length, of the person located.

2. His age (mentioning the year, month, and day of the month, when born, so far as known) on the day of the signature of the instrument.

3. Time, that is to say; year, month, and day of the month, on which he was admitted into the Locable List.

4. Rank, assigned to him on that occasion, as evidenced by the Ranking-table, as per Section 16, Locable who, Art. 30.

5. Bidding, if any, made by him for the situation, with the particulars, as above, per Arts. 1, 2, 3, 4, annexed.

6. Biddings, if any, respectively made by whatsoever other persons were, for that same situation, candidates. Of these biddings, designation will be made, either by transcript, or abridgment, or simple reference to a separate instrument according as they are more or less numerous.

7. If preferred to any whose ranks were respectively superior to his, mention of them, with brief indication of the grounds of preference.

8. So, if there were any whose biddings were superior.

9. Service, in quality of Depute in that same situation, may be a sufficient ground:—the actual length of such service being specified, together with the year, month, and day of the month, on which it commenced.

Enactive.

Art. 10. Of each such location instrument, exemplars will be disposed of as follows:—

1. Delivered into, and kept in the office into which the Locatee is located, one.

2. Delivered into, and kept in the office of the Locator, one.

3. Delivered to the Locator for his own use, one.

4. Of the several functionaries, if any, who, in their several grades, are superordinate to the Locator, to each, one.

Instructional.

Art. 11. The Legislature will consider—whether, to the checks thus applied, any other and what checks on mislocation shall be added: as for example, a statement of the several connexions of the several candidates in the way of relationship, whether by consanguinity or alliance, fixing in that case the degrees. As to this matter, see Ch. xii. Judiciary collectively, Section 16, Partiality obviated.

Enactive.

Art. 12. When a situation subordinate to that of Minister is to be filled, the Minister will advertise for candidates, and receive biddings as per Arts. 1, 2, 3, 4, 5, 6; the faculty of bidding with effect being confined to tried persons, as per Art. 5.

Enactive. Instructional.

Art. 13. In the Location Instrument, the matter will be entered under heads, as per Art. 9, together with any such others as the Legislature shall from time to time have added.

Enactive. Expositive.

Art. 14. Exceptions excepted, as per Section 16, Locable who, Art. 59, no person who has not undergone trial in the Qualification Judicatory (as per Section 16) will (as above, Arts. 5, 12) be locable. But, in the case of a situation of simple trust, notwithstanding any inferiority in the scale of talent, the preference may, without reproach, be given to a candidate,—in consideration of the comparative advantageousness of his bidding, and the sufficiency of the pecuniary security, self-seated and extra-seated, proffered by him.

By self-seated, understand property possessed by himself; by extra-seated, property possessed by any such other persons, as have consented to stand bound for the eventual supply of any loss to the public, judicially proved to have had misconduct on his part for its cause.

Instructional.

Art. 15. As to pecuniary and quasi-pecuniary security, the Legislature will determine—in regard to what, if any, situations, the property, required for this purpose shall be required to be in such sort bound, as to be rendered inalienable in the hands of the possessor.

Enactive.

Art. 16. Exceptions excepted, in no situation of trust, or talent and trust, will any person be locable, until his age (whatsoever have been the number of his examination years) is that, at which a man is entrusted by law with the entire management of his own concerns: say [21] years.

Enactive. Ratiocinative.

Art. 17. Exceptions for considerations, are—

1. Army service; the military branch: in this branch, an officer is locable in the lowest grade at the age of [—] years.

For, in this grade, the functionary, though he has the command of some, is himself constantly under the command of others.

Enactive. Ratiocinative.

Art. 18.—2. Navy service, the military branch: in this branch, an officer is locable in the lowest grade at the age of [—] years. Reason, as per Art. 17.

Instructional.

Art. 19. On a comparative survey of the several subdepartments, and the several situations in each subdepartment, the Legislature will consider, in what instances demand for difference in grades has place, and, in so far as it is established, how far succession to a vacancy shall be influenced by it: that is to say, in what instances, in regard to any grade above the lowest, biddings under the pecuniary competition system shall have place.

Instructional. Ratiocinative.

Art. 20. On this occasion, the considerations following will be borne in mind:—

1. Of two persons, the one, suppose, has been habitually subject to the direction of the other. In this case, if, by a fresh arrangement, it happens to the superordinate to find himself subjected to the direction of his quondam subordinate,—a natural consequence is—on the part of the thus relatively depressed superordinate, a pain of humiliation—say, in this case, a pain of degradation—a pain produced by the comparison made of his antecedently elevated, with his subsequently depressed state.

2. Where no such subjection has had place, no such pain is produced in a man’s mind by the mere view of the rise of a person, who, not having been subject to his direction, comes to be located in a situation more eligible than his: in this case, therefore, that same reason, in favour of settled succession, has no place.

Enactive. Expositive. Instructional.

Art. 21. As to every situation subordinate to that of Minister, there will be two locators—the initiative and the confirmative. Exceptions excepted, as to every office in his subdepartment, the initiative locator is the Minister; confirmative, the Prime Minister. Exceptions, if any, remain to be excepted by the Legislature.

Enactive. Expositive. Ratiocinative.

Art. 22. If, in any subdepartment, any initiative locator, subordinate to the Minister, is established,—it will be in consideration of distance, lest, during the interval between the day on which the vacancy at the place in question takes place, and the day on which information of the confirmative location reaches that same place, the service belonging to the situation, so vacated, be left unperformed. In this case there may be two initiative locators; temporarily initiative locator, the next superordinate of the functionary by whose dislocation the vacancy is created; definitively initiative locator, the Minister.

Expositive. Instructional.

Art. 23. Examples of subdepartments, in which, in respect of distance, a demand for initiative location, in hands other than those of the Minister, and thence for temporarily initiative location, is more particularly apt to have place, are the following: to wit—

1. The Army Minister.
2. The Navy Minister.
3. The Foreign Relation Minister.

Supplement to Section XVII.

PECUNIARY COMPETITION PRINCIPLE.

Reasons, in support of it as hereinabove employed: employed, to wit, not as decisive, but as contributing, in subordination as above to the aptitude manifestation system, to the guidance of the decisive choice given to the responsible locating superordinate.

Ratiocinative.

Art. 42 or 1. I.—Reasons, direct and intrinsic, deduced from the greatest happiness principle applied to the nature of the case.

Case I. The situation, a situation of simple trust, as per Section 16, Arts. 12, 13: for appropriate moral aptitude, adequate provision being supposed to have been made: to wit, by Section 16, Locable who (Arts. 33, 34, 35, 36, 40,) and no special appropriate intellectual or active aptitude being regarded as necessary.

The presumption here is, that, but for some special reason, assignable and assigned, to the contrary,—the choice of the locating superordinate will fall upon that candidate, in whose instance the result of the pecuniary competition is most favourable to the public purse. On this supposition, all parties will have cause to be pleased: to wit,

1. The community at large; because that choice has been made, which is most beneficial to its aggregate pecuniary interest.

2. The locating functionary: the candidate’s aptitude, and thereby the locator’s responsibility, being alleviated by the result of the probationary trials, as above; say then the locatingfunctionary: unless it be his desire, at the expense of the community, in breach of his duty and engagement, and at the risk of his own fortune and reputation, to gain to himself an undue benefit, in the shape of patronage.

3. The candidate, by whose own offer the situation is procured for him.

Ratiocinative.

Art. 43 or 2.—Case II. The situation, a situation of trust and talent: to wit, after the manifestation made, of the grade acquired by the candidate, in the scale of manifested appropriate aptitude in all its branches, as certified by the certificate given by the Examination Judicatory, as per Section 16, Art. 17; that document contributing, in conjunction with the result of the pecuniary competition, to the guidance of the decision intrusted to the responsibly-locating superordinate.

I. Reason, grounded, as in the former case, on intrinsic utility. Only where, to the purpose of the practical conclusion, the claims of the two candidates, on the ground of the manifestation made as to appropriate aptitude, as above, are, in the opinion of the Examination, or say Qualification Judicatory, virtually equal,—does it seem likely, that the determination will be made, in favour of him, whose offer, on the ground of its favourableness to the pecuniary interest of the community, is accepted. The locating superordinate being, by Section 6, Self-suppletive function, responsible for the conduct of his subordinate,—he is thus, by a personal interest of no inconsiderable strength, urged to have due and adequate regard to the thus manifestly demonstrated appropriate aptitude. By a deficiency in the aptitude, he would stand exposed to be more or less a sufferer: in the small saving to the public purse, he would have no perceptible share.

The arrangement affords therefore a prospect of good, and this without a prospect of evil in any shape.

Ratiocinative.

Art. 44 or 3. II.—Reasons extrinsic, deduced from authority and practice.

1. In England, among the highest of the ruling few, the tide of events has of late years borne up some, in whose declared opinion, not only the price of labour,—in whatsoever shape—unskilled or skilled,—but also the price of commodities in general, and in particular of those means of sustenance which are worth all other commodities put together,—should be minimized; and that, as the only instrument of minimization, the competition principle should be uniformly and steadily employed.

Instructional.

Art. 45 or 4. These same distinguished statesmen—would they—durst they if they would—accede to the application of this same instrument to the reduction of the price of the labour performed by themselves and their present colleagues? or—not to insist upon that which could not reasonably be proposed—of the like labour when performed by their successors, and the colleagues of those same successors? O yes: when the energy of the people is to such a degree troublesome, that, in the high places in question, regard for consistency, and the comfort of the subject-many, cannot, consistently with the comfort of these same ruling few, be refused.

Instructional.

Art. 46 or 5. At present, engaged, by so efficient an interest to maximize, instead of minimizing, the expense of official labour,—they stand engaged by a no less efficient interest, to minimize, instead of maximizing, all need, and thence all proof, of appropriate aptitude with relation to such labour. If by competition—that competition being at the same time free and unrestrained—the degree of aptitude on the part of all competitors were made known,—the chance, in favour of the objects of their care, would, instead of being equal to certainty, be but as one to ten, or twenty, or whatsoever greater multiple of their own number might be that of their fellow-competitors. Moreover as,—natural talents, and other means being supposed equal,—proficiency will be in the direct ratio of exertion, and exertion in the ratio of degree of need,—those who, without exertion, are sure of having, in this shape, what they have need of, will not bestow any exertion at all on the acquisition of appropriate aptitude: and their natural place, instead of being certainly at the top, will be probably at the bottom, of the scale. Thus it is, that, to the ends which the greatest happiness principle requires to be pursued, will be substituted the direct opposites of those exclusively justifiable ends: and while, for the benefit of the hands in question, the expense of official service, or of the appearance, or the false pretence of it, without so much as the pretence of it, is maximized,—appropriate aptitude for the performance of it will be minimized.

Instructional. Exemplificational.

Art. 47 or 6. The more immediately education for office is under the direction of the ruling few, in whose hands the fixation of the quantum of remuneration, and the location of those by whom it is to be received are conjoined,—the more striking and instructive will here be the exemplification of the relation between cause and effect.*

Instructional. Expositive.

Art. 48 or 7. Note that, in the case of pecuniary competition is comprised in a certain way the case of gratuitous service; gratuitous service constituting one point or say degree, in a scale of indefinite length, established by pecuniary competition; at the same time there is a necessity in marking the distinction between them; the difference in point of efficiency and extent of application being so great; the application of gratuitous service, (including that which is so in appearance, and is always called so,) being widely extensive, while the application of pecuniary competition to personal service in this branch of the public business is, nearly if not altogether, as yet without example.

Applied to the expense of the Official Establishment taken in its totality, (expense of remuneration for personal service included,) it is not in the power of pecuniary competition, by reduction of expense, to carry on good economy anything near to the point of gratuitousness—the point at which expense is equal 0.

At the same time, if applied to the purpose of engaging personal service in particular official situations, it is capable of carrying that same benefit not only up to the gratuitous point, but to a degree to an indefinite amount higher; the matter of wealth being but one of divers instruments, by the application of which personal service is engaged; others being power, reputation, and dignity; the dignity, that which results from the nature of the occupation, with or without factitious honour and dignity, superadded: in such sort that, instead of receiving money in compensation for the service rendered by him, in taking upon himself the obligation of exercising the functions of the office considered as a burthen—a man will be content to give money, for the faculty of exercising those same functions, that same faculty being regarded by him as a benefit.

But, in the instances of gratuitous service here alluded to, in so far as remuneration in a pecuniary shape has place, neither is it paid avowedly by the hands of Government for service performed in the situations in question; nor is service in any shape rendered to the whole community, nor otherwise than to a small particular and sinister interest of a small part, at the expense of the interest of the whole, which is thereby accordingly disserved, instead of served: in so much that, in so far as this same alleged service is performed, the remuneration derived from it belongs not to the present case; and, being so completely unfit or adverse to the purpose of the pecuniary competition,—required to be, with proportionable care, distinguished from it.

In English practice, to this head belongs the situation of Member of the House of Commons, and Member of the Unpaid Magistracy, styled Justices of the Peace. In these instances, nominally the service is uniformly gratuitous; really so, according as abuse does not or does take place.

Instructional. Ratiocinative.

Art. 49 or 8. To the proposed aptitude-securing and expense-minimizing system, as composed of the public examination system and the pecuniary competition system taken together, but followed by the choice left to the locating functionary,—various considerations, in the character of objections, present themselves, as having been, or being more or less likely to be, urged. With all employable diligence they have been searched for, and found reducible under the heads following—

I. Objection, to the public examination part of the system.

1. Timid merit excluded.

2. The unopulent excluded: thence, equality violated.

II. Objections to the pecuniary competition part of the system.

3. Venality established.

4. Munificence or say liberality excluded.

5. Depredation, sharpened by indigence, invited.

6. Aptitude diminished: aptitude being as opulence.

Of these in their order; with their answers.

Ratiocinative.

Art. 50 or 9. Objection 1. Timid merit excluded:

Answer. In the case of a more or less considerable proportion, of those who otherwise would be candidates for office, this effect may ensue. But, it presents not, to any precise amount, so much as a deduction from the aggregate of the good effects expectable from the system: nor anything more than the shadow of a reason for the rejection of it; yet entire rejection, if anything, is what it calls for. Proportional number of the individuals excluded by this their misfortune, say at random, and only for argument’s sake, one-tenth. Suppose then the system to be in other respects a beneficial one,—such it will be—in the first place to the whole body of the unexcluded candidates, on their several individual accounts; in the next place, to the whole community, on the aggregate account. Give effect, then, to the objection, and for the sake of the unliquidated benefit to the one-tenth, the remaining nine-tenths will be deprived of that same benefit in one shape, and the whole of the community in the other. On the other hand, suppose the system rejected, this same one-tenth for whose sake it is rejected, in what determinable way will they respectively be benefited by the rejection? To this question, all answer is impossible.

Then, as to the existence of the alleged justificative cause of the proposed rejection—the supposed merit. In the instance of this tenth part, where is or can be the proof of it? True it is, that in whatever line of study or instruction the merit is supposed to have place,—timidity, to the degree and to the effect in question, is not incompatible with it; but, on the other hand, of the existence of the merit, neither conclusive, nor any how weakly soever presumptive evidence, does the timidity afford. Of merit, in a word, timidity may be an accompaniment, but is not a cause.

This, and all other objections notwithstanding,—suppose now the public examination system established,—observe what, with regard to merit and timidity, will be the consequence. The trial to be submitted to being alike visible to all eyes, each individual, who might otherwise feel disposed to enter upon this career, will consider and ask himself whether he has nerve enough to undergo it. Let the answer be in the negative, he will then bid adieu to a pursuit, for which his own judgment pronounces him unfit, and betake himself to one, for which it pronounces him fit. So doing, where will be his loss? Answer—Nowhere: for proof, see answer to Objection 1. Before him lie, for his choice, all professions and other profit-seeking occupations, the profit from which is—not, as here, confined within the narrowest limits possible, but altogether unlimited. So much for proofs in a pecuniary shape. As to reputation, and esteem for services rendered to the public by intellectual labour,—the press is open to him,—and timidity,—at any rate, the sort of timidity here in question,—is no bar to any use he may feel disposed to make of it.

Ratiocinative.

Art. 51 or 10. But the proposed system—does it not hold up to view unopulence as an efficient cause of aptitude?

Answer. True: but only when in a certain degree, and, in that degree, only as a partially contributing cause, and that a remotely operating one, operating through the medium of appropriate examination. True it is, that in the character of a learner, looking to be one day a probationer and competitor for offices,—a man, whose pecuniary supplies are scanty, is likely to use more exertion than a man whose pecuniary circumstances are abundant:—to use more exertion, and thence, in so far as depends upon exertion, to acquire a greater degree of appropriate intellectual and active aptitude. But the immediately applying probative test of this same appropriate aptitude, is—not the situation in the scale of opulence, but the result of the examination undergone; and, by this immediately applying direct evidence, what little probative force belong, to the faint and remotely applying presumptive evidence, is superseded and reduced to nothing.

Ratiocinative.

Art. 52 or 11. Objection 2, The unopulent excluded: thus, equality violated. Answers—

1. The provision for equality must always be subordinate to that for security, or society cannot subsist. See Leading Principles, &c.*

2. Supposed relation of equality not real. The supposed loss to the classes in question will not have place. Into this source their industry could not be turned in quest of profit, without being turned aside from other sources much more lucrative: to the quantity obtainable by them from this source, there would be limits, and those rendered as narrow as, by application made of the frugality-maximizing principle, appropriate aptitude on the part of rulers could render them: to what is obtainable by every man from other sources, there are no such limits.

3. The bar, opposed to the unopulent by the proposed instrument of frugality, is not—like the bar opposed under some Governments, by want of nobility—an impassible one. By raising himself to a degree of opulence adequate to the purchase of the office,—the most unopulent man, supposing him demonstrated to be, by intellectual attainments, qualified for it, will be able to acquire it.

4. By the access, which, by the objection, is proposed to be left to the unopulent,—entrance into office would neither be secured to them, nor rendered so probable to them, as to the more opulent: the greater the opulence, the greater the means of access to patrons, who, of course, belong to the opulent class.

5. From the rejection of this necessary security, great would be the quantity of incontestable evil pressing upon this very class:—evil, pressing upon them in a much more tangible and sensible shape than any good, of the chance of which it is charged with depriving them, can be shown to wear: burthen of taxation, to the amount of the money which the competition would save, is in proportionable quantities added to that of the matter of patronage, with its corruptive influence. Mass of pecuniary remuneration saleable, say £1,000,000 a-year: saving effected by the competition, £200,000. To reject this instrument of economy, would thus be to impose a tax of £200,000 a-year on opulent and unopulent together: and this for no better purpose, than the turning aside the profit-seeking industry, of the unopulent, from other channels into this.

6. By the rejection of this proposed instrument of frugality, an exclusion would be put—not only upon the frugality, but upon the bringing into play a main security for, and thence instrument of, appropriate aptitude; namely, relish for the business. The less the emolument,—in other words, the more a man gives for the office,—the greater is thus proved to be his relish for the business of it: while to him who gives nothing for it, it may be an object of disgust: of disgust, not surmountable but by the extreme of indigence.

No, says another objection: what is proved is—not the alleged relish, but a plan for getting possession of the office, for the purpose of converting into an instrument of depredation the powers belonging to it. Reply. Of no such plan is the formation in any degree probable. This objection is Objection 5, Depredation, &c. which, with the answers, will be found in its place.

Ratiocinative.

Art. 53 or 12. Objection 3, Venality established. The plan makes offices venal: it introduces venality into office.

Answer. 1. Source of the objection, confusion of ideas: confusion produced by the misapplication of the word. What is proposed to be sold is—not to individual suitors at the office the acquiror of it, but to the acquiror himself, the emolument, in a particular shape, attached to it.

2. To find such a form of words, as should give to the objection, as above, a sort of superficial colour of reasonableness, required some industry. That which the objection applies to is—not the arrangement itself, but a particular word or two, which are capable of being employed in speaking of it. For example, the modes in which the amount of the pecuniary part of the remuneration is capable of being reduced and minimized, are, as above shown, two: to wit—1, The reductional mode; according to which, mention is made of the greatest reduction the bidder will consent to see made from a determinate salary proposed: 2, the emptional mode; according to which, mention is made of the greatest sum he will give for it, if unreduced. Employ the reductional form of expression, the objection vanishes: but, the emptional being in effect precisely the same thing as the reductional, so likewise does the objection to the emptional.

3. The party, to whom service in any shape is rendered by the arrangement, is the public alone: not any individual whatsoever: of no individual is any service bought by, of none any sold to, any other.

4. Associated with the idea of venality is that of corruption; and by the objection is meant, if anything, that, by the arrangement, as often as it is exemplified, corruption, in some shape or other, has place, or at the least is probabilized; and that thence, in some shape or other, so is relative inaptitude.

5. But, the real effect of the arrangement is precisely the reverse: for, 1, Minimizing the pecuniary value of the situation, it minimizes the quantity of the matter of corruption which the patronage places in the hands of the locating functionary.

6. 2, Minimizing the value of the pecuniary remuneration, it maximizes, as above, the degree of relish which the candidate is likely to have for the functions which he is desirous of having the exercise of: for, the less the inducement he requires in the shape of money, the greater is the inducement he possesses in the shape of relish, or he would not make the offer, which, by the supposition, he does make.

7. Minimizing the value of the situation, and thence of the patronage, it minimizes the probability of its being given by the patron to a protégé, whose sole relish is for the money, and who, in regard to the functions, has neither relish, nor aptitude, in any shape.

8. As to corruption, so far then from acting as a ferment to it, the competition system is, in the emptional as well as in the reductional mode, a specific against that disorder: it is for want of such a specific, that corruption takes place, when it does take place.

9. In vain would it be said—a man, who sees sinister profit, in this or that shape, as being capable of being made, from an abuse of the powers attached to the situation,—will offer and give more for it than one who sees no such prospect. In vain; for, by the reduction thus made, in the quantity of money the man will have at command, no addition is made to whatever facility he will have for such abuse: on the contrary, as above, that facility is diminished by the diminution of whatever facility he may have as to the finding associates and supporters for the abuse: the greater the reduction he will thus submit to,—and still further, if so it be that he offers to give more for the salary than it is worth, the more he offers to give for it,—the more strongly he draws upon himself the attention of all concerned, and puts them upon the watch to find out—by what course, he expects, and proposes to himself to endeavour, to reap the sinister profit supposed to be in contemplation. Suppose even, that, as applied to the state of things under this or that existing Government, the objection would be a fatal one,—it would not follow that it would amount to anything, when applied to the one here proposed: for, in no existing Government can any system of securities for appropriate aptitude be found, comparable in point of efficiency to what may be seen proposed here.

Ratiocinative.

Art. 54 or 13. Objection 4, Munificence, or say liberality, excluded:—Exclusion put upon that virtue in one quarter, by which merit in other quarters, and in all manner of shapes, is brought into existence.

Answer. Let but misapplication of words be argument—argument, affording in the present case justification for useless and pernicious expense,—true it will be, that, as good argument may be made out of the word munificence, or the word liberality, as out of the word venality. Liberality may perhaps serve still better than munificence. Being more extensively in use, especially on the popular side, it is more strongly as well as extensively associated with the sentiment of approbation; and, by the laxity of its import, better adapted to the purpose of delusion. But, such being the nature of the arguments, see now on what ground stands the title of either of them to the property of giving birth to merit.

When, on the one part, what is called liberality is exercised, the alleged existence of merit on the other part—on the part of him or those in favour of whom the self-styled virtue is exercised, is constantly alleged. Constantly alleged,—so far from being constantly proved, it is seldom so much as attempted to be proved. The place of proof is occupied by assertion: of the assertion, when orally delivered, the probative force is as the loudness and reiteratedness of it, joined to the force and number of eulogistic epithets and phrases bestowed on the alleged possessor of the asserted merit; and scorn, with the imputation of envy and insincerity, on all who presume to question it.

In the Official Establishment of the City of London, conquests have, it has been said, been of late years made of official situations more than one by the virtue of liberality from the vice of venality; these conquests made, and the source of them—a corresponding quantity of patronage—put into official pockets. The substance has now been seen of the eloquence by which these conquests were achieved.

Ratiocinative.

Art. 55 or 14. Objection 5. Depredation sharpened by indigence. When a man has paid the purchase-money (says the objection) he will be left in a state of indigence, such as will render it, as it were, a matter of necessity to him to commit depredation at any hazard. Answers—

1. The objection supposes, that, by a certain, or an ascertainable, quantity of emolument attached to the office, the endeavour to commit depredation may be prevented, or at least in an adequate degree improbabilized. Altogether groundless is this supposition. Draw the line where you will, true it is, the comparatively unopulent functionary will, it is probable, endeavour to commit depredation: and commit it he will, if in his eyes the benefit of the depredation is greater than the burthen from detection: probability in regard to detection being taken into account. This will the comparatively unopulent do; but so will the comparatively opulent. The most opulent of functionaries have always been the most voracious of depredators. Witness monarchs almost without exception, and more particularly the most absolute. Witness even “the best of Kings,” as he was so commonly called: witness he, whose debts, it was asserted in Parliament, had been nine times paid by Parliament, notwithstanding his million a-year,—the exemption he gave himself from the income tax,—and his seventeen millions, obtained for his own particular use,—without previous declaration of war,—by the instrumentality of a richly remunerated Judge,—in point-blank contradiction to an act of the Legislature, passed in the year 1744: the decrees issued without other warrant than the words Droits of Admiralty, the assertion that the king is Lord High Admiral, with reference made to an order of the King alone, dated in the year 1665-6, and that King, Charles the Second.*

2. In the situation of the comparatively opulent, the probability of depredation is greater than in the case of the comparatively unopulent, on two accounts.

1. In consideration of, and in proportion to his opulence, and the erroneously but commonly and naturally entertained supposition, of the security afforded for his probity by that same opulence, he will be less suspected—less closely watched.

2. In proportion to his opulence, will be (as per Section 15, Remuneration, Art. 4) his facility for obtaining accomplices in transgression, and effectual supporters to screen him against punishment, dislocation, and even disrepute. Instances, see everywhere.

3. Of the absence of any such degree of indigence, as can probabilize a sharpness of appetite sufficient to produce depredation,—a highly probative evidence is afforded by the very nature of the transaction here proposed: what a man gives for the office with the emolument attached, he would not give, if in his eyes the emolument, with his remaining income, if he has any, will not be sufficient for his exigencies.

Instructional. Ratiocinative. Exemplificational.

Art. 56 or 15. This was the argument against economy, brought out and made the most of, on the occasion of his sham Economy Bill, by Edmund Burke, foaming with rage at Necker’s disinterestedness, then staring him in the face:—Edmund Burke, on whose principle thus displayed, the accidentally divulgated depredation committed by two of his protegés,† formed, not long afterwards, so instructive a comment. A document, in no small degree instructive to the great body of the people would be a list of at length notified depredators, with the particulars of their respective crimes, under a system of sinecure and overpay, with an assurance of support and protection. With the commencement of the reign of George the Third, it might commence, and be continued onwards, as occasion called, till the time, should it ever arrive, when, the eyes of the people having been sufficiently opened, the scene had closed.

Instructional. Ratiocinative.

Art. 57 or 16. In this objection, what there is of truth, or at least of the semblance of it, rests altogether upon a state of things, in respect of official management and remuneration, in its whole tenor the direct opposite of the one here proposed. A man, whose life has been a life of luxury without anything of his own to support it—the dependent of some patron, whose habits have been correspondently luxurious—is put into an office, with the emolument which has been attached to it, for the purpose of enabling him to continue in the same habits. If then this same emolument is not, by more than to a certain amount, beneath his habitual expenditure,—he confines himself within the bounds of it, and neither peculation nor extortion have place. But, if it is to a certain amount lower, he finds himself to such a degree uncomfortable, that rather than continue so, he risks the engaging in some one or more of the forbidden practices, and exposing himself to the consequences.

“But,” it may be asked, “knowing his own propensities, how came he to take upon himself the office, and thus subject himself to this risk?” Answer. Nothing better offered; the situation of absolute dependence was uncomfortable; the mass of emolument in question, how inadequate soever, constituted, by the whole amount of it, a portion at any rate of the means of independence—and the general character of the whole establishment of which this office forms a part, was that of maximizing the facilities for ease on the one hand, combined with accustomed, though unlegalized profit in every shape, on the other. As to the punishment, he saw it altogether without example. Dislocation, and that self-effected, and in the quietest and most unobserved mode, the worst that could ensue: dislocation, and from what? from an office which, after experience, was found not to give what was expected from it.

Such is the state of things—such the frame of Government, in which the objection originated, and on each occasion will be reproduced. But, of the whole multitude of securities here proposed against abuse, scarcely will that system be found to exhibit so much as a single one.

Ratiocinative.

Art. 58 or 17. Objection 6. Aptitude diminished. Aptitude being as opulence, lessening opulence you lessen aptitude.

Thus, for shortness: for precision, a few more words are necessary. By opulence, understand—not opulence already possessed by the functionary, but opulence given to him: given to him at public expense. This being understood, say once more aptitude is as opulence. This is the whole theory, on which all practice is grounded. This, being an axiom, may without difficulty be taken for a postulate. If, therefore, in any situation you have not aptitude enough, it is because you have not given out money enough: give money enough, the aptitude comes of course: all other care is superfluous. Whatsoever be the situation, if you want twice the aptitude in it that you have at present,—give the man who is in it twice the money you had given him, you have twice the aptitude.

Note also, that, on divers occasions, the more he has, the more of it must be given to him. Instance, the metamorphosis of an indiscriminate defender of right and wrong into a Judge. The stronger the repugnance between the two characters, the greater the force necessary to effect the transition from the one to the other.

Giving out money is, in English Treasury language, making exertions. If anywhere you want more aptitude, you must make proportionable exertions. Giving out money being the cause,—establish this cause, the effect follows of course. Of a barrel full of spirits, turn the cock, out flows the spirits. Into the pocket of the functionary, in with the money,—in with it flows the aptitude. As to how this happens, this is, in both cases, matter of theory; no need have you to trouble yourself with it.

This objection comes in aid of the one last preceding, by which economy is presented in the character of a sure cause of depredation. Instead of giving, receive money, as the price,—of the power or other object of desire attached to the office,—you will (says the objection) have the reverse of aptitude; and the more money you receive from the functionary, the more flagrantly unapt in every respect he will be. On the other hand (says the basis of the present objection) aptitude being as opulence,—give twice the emolument you give at present, you will have twice the aptitude: and so on, ad infinitum. Put the two objections together, you have a triumphant dilemma. Offer (it says) with the office any less emolument than that which you will find attached to it,—either no person whatever will accept of it, or, if any one will, his acceptance of it will be a certain proof of his inaptitude for it; with no other purpose than that of employing it as an instrument of depredation, will the acceptance have been given to it.—The offer will not be accepted:—so says horn the first of this same irresistible dilemma. Good. But why will it not be accepted? Answer. Because, to be accepted, it must have been made: and it will not have been made. But why will it not have been made? Answer. Because by nobody but the maker of the dilemma can it have been made: and what he has made is—not the offer, but the determination not to make it. And why this determination? Answer. Because he has always been so perfectly convinced, that the offer, if made, would be accepted, and when accepted, followed by consequences, the opposite to those which his dilemma assigned to it: to his own assertion his own conduct gives the lie.

Tell him of any other country in which the rate is less, then come two other objections.

1. That country differs from this.

2. Of the smallness of the remuneration, the result is actually, in that country, a proportionable degree of inaptitude:—then, for proof, comes the assumption just disposed of.

As to the difference,—propose any inquiry into it; whether, for example, it is so great as to warrant, in the whole or in any part, the practical conclusion deduced from it,—Oh no: this would be too much trouble. So will say the objector: and in this instance what he says may be admitted for true: a Committee would not be very instructively employed, in the inquiry whether it be true—that, when a man breaks a contract, for the performance of which no such securities as might be are provided, it is because it does not give him all he would have been glad to get from it, and not for want of those same necessary securities.

CONCLUDING INSTRUCTION TO THE PUBLIC-OPINION TRIBUNAL.

Instructional.

Art. 1. To the Public Opinion Tribunal it will belong, with all its energies, to urge the commencement, and urge on the progress, of the system of appropriate instruction here delineated.* By the most powerful particular and sinister interests,—the several Ministers, with their several dependants and other connexions, whoever they are, will at all times be urged to do their utmost for the retardation, and, if possible, the frustration of it. Of this repugnance the cause is no less manifest than the existence is unpreventable. Till the tests of aptitude thus furnished are in operation, the locating functionaries will, of necessity, remain in possession of a power of choice, altogether arbitrary: apt, or in ever so high a degree unapt, their several dependants and connexions will remain located and locable, in all situations under them respectively, from the least to the most highly desirable. On the other hand, no sooner are these tests of aptitude in operation, than, by the influx of tried minds, whose aptitude has been made manifest to all eyes, the sceptre of arbitrary power will be swept out of their hands, and the feelings of a dethroned despot will be theirs.

Instructional.

Art. 2. The whole artillery of fallacies will be drawn out and employed; in particular, the better the plan is in theory, the more incapable it will be pronounced of being carried into effect in practice: and to the thus predicted impracticability, all imaginable exertions will be employed to give fulfilment.

Instructional.

Art. 3. If, and in proportion as, in the dominion of the State, apt instructors, whose native language is the national language, are wanting,—either the functionaries must remain uninstructed and unapt, or, under the disadvantage of having to learn, at a more or less advanced period of life, a foreign tongue, foreigners must be called in and employed. But, unless in case of temporary calamity, men will not for nothing quit their old accustomed habits and connexions, for those of a strange land; and thus, under the double mask of patriotism and frugality, sinister interest will seek, and with but too much probability of success, a cover for mischievous and anti-patriotic exclusions.

Instructional.

Art. 4. Unhappily, no sooner has the system come into operation, than a dilemma, in no small degree unwelcome to every feeling eye, will have taken place: either, to an incalculable amount, sacrifice of the public good—of the good of every branch of the service—must have place; or, notwithstanding any, the most perfect, degree of moral aptitude, a more or less considerable number of functionaries will have to quit their several situations.

Instructional.

Art. 5. For minimizing the evil from these two opposite sources,—one means, however, there is, the application of which will be completely in the power of those functionaries whose situation exposes them to it. According to their several situations, let those in possession participate in the instruction administered to their successors in expectancy: at this price they will add those titles, whatever they be, in which others are sharers with them, to that experience which is peculiar to themselves.

Should pride be troublesome, let this fact quiet it. Anno 1824, in London, John MacCulloch, having acquired the reputation of proficiency in the art and science of political economy, instituted a course of lectures. Among his audience were Frederick John Robinson and William Huskisson, both Members of Parliament, both Cabinet Ministers: Robinson, under the name of Chancellor of the Exchequer, Finance Minister in the House of Commons; Huskisson, under the title of President of the Board of Trade, Trade minister, in the language of this Code, as per Ch. xi. Ministers severally, Section 11.

Section XVIII.

Dislocable how.

Expositive.

Art. 1. Dislocation is either unmodified or modified. By unmodified, or say simple dislocation, understand definitive removal from an official situation, without consent of the dislocatee, and without his being located in any other.

Expositive.

Art. 2. Modes of modified dislocation, as per Section 4, Functions in all, are these—

1. Promotion, to wit, in the same subdepartment.

2. Suspension.

3. Transference, permanent, to the same grade in another subdepartment.

4. Transference, temporary, to the same grade in another subdepartment.

5. Transference, permanent, to a superior grade in another subdepartment.

Art. 8. Reasons are the following:

Art. 9. Persons excepted, are—

1. Persons belonging to the Military, or say professional branch of the service of the Army subdepartment. As to these, see Ch. x. Defensive Force, Section 5, Term of Service.

2. Persons belonging to the Military, or say professional branch of the service of the Navy Subdepartment: as to these, see Ch. x. Section 5, Term of Service, and Section 16, Sea Defensive Force.

3. Persons engaged in any branch of the service of the subdepartment in question, for a length of time, in any other way determined, and by special designation expressed.

4. Persons therein engaged for the performance of a particular and temporary service: for example, artists, handicrafts, and labourers.

Ratiocinative.

Art. 10. Question. Why, subject to eventual dislocation, give to the term of service in grades subordinate to that of Minister, a duration equal to that of their respective lives?

Answer. Reason. End in view—the affording, in the case of every functionary, the only efficient security which can be afforded against his being,—notwithstanding any the highest degree of appropriate aptitude in relation to the business of his situation,—removed out of it, at any time, by the operation of self-regarding interest, or ill-will, or good-will towards any other person, or erroneous judgment,—in the breast of any individual, in whose hands the dislocative power, in the case in question, is reposed. This security consists in the rendering the act of dislocation judicial, in contradistinction to arbitrary. As to the mode of rendering it judicial, see Section 20, Insubordination obviated, Section 21, Oppression obviated, and Section 25, Securities, &c.

Instructional.

Art. 11. Attendance. Regard being had to circumstances local and temporary, as well as to the general nature of the service of the subdepartment and the office,—to the Legislature it will belong, in relation to each office, to examine and determine in what manner application of the general principles and rules laid down in regard to official attendance in Section 14, and in Ch. vi. Legislature, Section 18, Attendance, and Section 20, Attendance and Remuneration how connected, shall be made to the several subordinate situations.

Instructional. Ratiocinative.

Art. 12. Remuneration. In the case of a functionary—in any, and if in any, in what, grade or grades—should any, and if any, what, increase be given, to remuneration, at the expense of the public, on the account of length of continuance in the several situations separately taken, or any of them?

Answer. No such increase, on this account in any instance. Reasons for the negative in every case are—

1. Of any mass of emolument that could be appointed for this purpose, the receipt would be prevented by the pecuniary competition, in so far as it operated.

2. In so far as such prevention failed to have place, the increase in question would give correspondent increase to public expense.

3. Of no increase in the amount of the reduction made in the expense by increase given to the reductional biddings, does such an arrangement afford any prospect. By a prospect of future contingent emolument at a distance, men in general are not so numerously or so strongly influenced, as by a prospect of emolument of the same value, immediate or near at hand.

By it, no increase would be given to appropriate aptitude: either in a direct way, or in an indirect way, by increase given to competition,

4. The reasons against it present themselves as not differing materially from those which have place, in the case where, instead of continuance in the office, dislocation out of it by resignation has place: that is to say, in compliance with request made by the person himself, as per Section 15, Remuneration, Arts. 37, 38.

5. On the occasion of his biddings under the pecuniary competition principle, he will be at liberty, of course, to stipulate for an eventual provision of this nature, if in his judgment his interest will, by such an arrangement, be preponderantly served.

Instructional. Ratiocinative.

Art. 13. Should any, and if any, what, increase be in this case given to remuneration, at the expense of the public, on the account of length of service, in the official establishment, taken in the aggregate?

Answer. Reasons for the negative.

The same as those which apply to the case, where, as per Art. 12, the situation continued in is a single situation, separately considered.

Ratiocinative.

Art. 14. Should any, and if any, what increase be in this case, given to remuneration, at the expense of the public, on account of length of continuance in life, or say longevity?

Answer. Reasons for the negative.

1. With no material difference, the reasons are those which have place in the case of continuance in the service, as per Arts. 12, 13.

2. To those, to whose interior dispositions and exterior circumstances any such distant increase is adapted,—means of producing the effect are open, other than that of a provision, appointed, as in the case here in question, for all persons without exception, as well for those to whose case it is not, as to those to whose case it is, adapted.

3. If settled by any general rule,—it would, in the case of every individual, be liable to be either too great or too small: too great, the difference being thereby, to the detriment of the whole community, bestowed in waste; or too little, not sufficient for the exigencies of the individual, whatever they were, that were thought fit to be provided for.

4. In no case will the exigencies of the individual be altogether dependant upon the number of years during which his life has continued. But, supposing that it is, the smaller the remuneration he receives at the expense of the public service, the greater is the regard he thus manifests for the good of that same service.

5. The quantum, if not determined by any such just and inflexible standard, would be required to be determined by the individual will of some other functionary. In this case, the determination would be much more arbitrary, than when, as in the case of dislocation, the question is—whether a man shall, or shall not, be deprived of the whole. The eye of the Public-Opinion Tribunal would not be so jealous and watchful in this case as in that.

6. In this case, misdirected sympathy, real or pretended—regard for the happiness of the few, at the expense of that of the many—would, in the situation of locating patrons, be for swelling the demand, and working, to this end, upon the sympathy of others. For the purpose of engaging sympathy in support of excess, a commonly-employed notion is—that a sort of moral merit is manifested by the employing time and labour in the service of the public, in contradistinction to the service of the individual. Erroneous and fallacious is this notion. Naturally small and altogether incalculable exceptions excepted,—no more is the good of the public service taken into the calculation of him who gives his time and labour for what he gets from it, than by him who gives his goods for what he gets from it. But, supposing that it is, the smaller the remuneration he receives at the expense of the public, the greater is the regard he thus manifests for the good of that same service.

7. The annexing to official situations remuneration to any greater amount, than, in the estimation of the individual functionary himself, is needful, is, in the breasts of patrons more likely to have had self-regard than benevolence for its cause, and is sure to have a net balance—not of beneficence, but of maleficence, for its effect.

8. It would tend to people the establishment with individuals, who, at entrance, were more advanced in life,—to the exclusion of those less advanced: and, in that way, to give not only useless, but worse than useless, increase to the expense.

9. The less the pecuniary provision exacted by the proposed functionary, at the expense of the public, as necessary for his exigencies,—the greater will be the quantum of that which he has already of his own: and the greater thereby his pecuniary responsibility, to the purpose of eventual satisfaction, for loss occasioned by him to the service.

Art. 21. On the occasion of the filling up of situations, become, from whatever cause, vacant,—questions which will naturally present themselves for consideration, are the following—

1. The situation—shall it devolve, as of course, upon the Depute permanent of the last occupant? or, upon one, and which,—if there be Deputes permanent more than one?

2. The qualification examination, the result of which, as per Section 16, Art. 17, every admission into the list of locables, and thence every admission into the Official Establishment for the first time, has had for its efficient cause—shall it be undergone anew,—by whatsoever candidates, for location in the recently vacated office, there may be?

3. The pecuniary competition, if any, which, in the instance of each official situation has, on the occasion of the first location therein made, had place, between the successful candidate and his competitors—shall it, antecedently to the filling up of the vacancy, have place anew?

4. Promotion—in what shape, if in any, can it, and shall it, in this case, have place?

Ratiocinative.

Art. 22. Question 1. In this department, in any instance, on a vacancy, shall the situation devolve, of course, upon a Depute permanent, without power to the Minister, to make any other choice?

Answer. Reasons for the negative.

1. The obligation which would thus be imposed upon the Minister, would not be compatible with the need there is for the arrangement, by which, as per Section 25, he is rendered in a greater or less degree responsible for the conduct of his subordinates.

2. Unless some particular reason to the contrary presented itself, whether in disfavour of a Depute, or in favour of some locable person other than a Depute,—a Depute would be the person towards whom, in the first instance, the eyes of the Minister, in his character of locator would naturally direct themselves. The greater the advantage thus possessed by the Depute under a system of free choice, the less the advantage that would be secured to him by securing to him the succession to it, to the exclusion of free choice.

3. Under a system of free choice,—the whole number, of the persons, whose names have place on the locable list, will, at all times, remain, as under all eyes in general, so in particular under those of the locating Minister. Should any other person, whose name is on that list, present himself to the conception of the Minister as possessing appropriate aptitude in a degree superior to what has been deemed to have place on the part of the Depute—the Minister’s responsibility, as above, will operate on him as an inducement to the giving to such more apt candidate the preference.

Instructional. Ratiocinative.

Art. 23. Question 2. The Qualification examination—shall it as above, be in any case repeated? If yes, shall the repetition of it be, by the Legislature, ordained to have place in all cases,—or should power without obligation be given to the minister for the repetition of it?

Answer. To the Minister’s having it in every instance in his power to receive the information which would be furnished by the examination in question, there seems no possible objection: by him, in his situation, no sinister advantage could be derived from it. The interest of the public requires that, for the guidance of his judgment, he should be in possession of the completest stock of appropriate information obtainable: and, for his possessing it, this is the most effectual, if not the only adequate means. The only danger to be apprehended, is—his not giving to this instrument of instruction exercise so frequent as the interest of the public would require.

Instructional.

Art, 28. Question 4. Promotion. Consistently with the above-mentioned proposed arrangements,—so far as regards service other than military, can any such system or practice as that indicated by the word promotion be with propriety said to have place?

Answer. It should seem not. Reasons.

1. The objections which, as per Art. 22, inhibit the necessitating the location of a Depute into a vacancy created by the dislocation of the Principal, apply also to this case.

2. They do so with increased force. For, be the situation what it will,—evidence, more probative, as to appropriate aptitude of the functionary, will have been afforded by the manner in which he has performed the business of the situation in question,—than any that can in general have been afforded by the manner in which he has conducted the business of another and subordinate situation, the business of which may happen to be in any degree different.

3. To any degree of extent it might happen—that, in the scale of directive power and correspondent superordination and subordination,—in this or that instance, the higher grade would, to persons in general, all circumstances considered, be not so acceptable as the grade next below it in that same subdepartment, or even a grade inferior to the next below it.

4. It would be a negative upon spontaneous migration, and upon the transference of a functionary from a situation in one subdepartment, to a situation, which, though it belonged to another subdepartment, might, on good grounds, be deemed more congenial to his faculties as well as his inclinations; and, if the inhibition were not thus all comprehensive,—to reduce it within the most apposite bounds, would necessitate a system of complicated arrangements, such, that the evil, produced by the complication and the addition thereby made to the bulk of the rule of action, would outweigh the utmost possible good producible by it.

Instructional. Ratiocinative.

Art. 29. On the nature of the distribution proper to be made, of power grade and emolument, in non-military situations,—the distribution necessary to be made in military situations may, in the way of contrast, throw some light. In the Army service, it is of necessity, that power, and thence grade, should rise in proportion to extent of command, as determined and measured by the number of individual functionaries subjected to it. Confusion and anarchy would be the result, if a functionary having under his command a comparatively larger number—say a thousand men—were subjected, constantly or incidentally, to the directive function of another, having under his command no more than a comparatively smaller number,—a hundred men for example. Superiority of grade and power thus keeping pace of necessity with extent of command,—and in a stipendiary army, emolument to an amount more or less considerable being an essential and inseparable feature,—addition to emolument—an addition keeping pace with addition to grade and power,—was an obvious and natural accompaniment, and hitherto has perhaps universally been an actual one.

It follows not, however, that, even in that line of service, it is a necessary one in the general nature of the case, howsoever in the instance of this or that particular political community it may have been rendered so by local and temporary circumstances. Even when not combined with pecuniary emolument, or with the matter of good applied as matter of reward, in any other shape,—power has its value; and, as has been shown in Section 17, Located how,—is capable of operating, not only as an inducement, but of itself, as an adequate and effectual one, to the application of time and labour, to courses of operation, to which, but for the inducement, they would not be applied. But, of the adequacy of the mass of inducement in one shape, the consequence is—not needfulness, but needlessness of inducement in any other shape.

If, in any one instance, military subordination has place without being accompanied with emolument in any shape,—this one instance suffices to prove, that, in that line of public service, no such correspondent superiority in the scale of emolument, is matter of necessity; and, of such gratuitous service, the examples are numerous and extensive. The result, therefore, appears to be—that, of the degree of correspondency which has hitherto had place, the cause is to be looked for—rather in habit, and the propensity to imitation, than in the necessity of the case.

Instructional. Ratiocinative.

Art. 30. If to necessity, it is to necessity in another shape—it is to necessity of a local and temporal character—that, in the case of a stipendiary Army and Navy,—more particularly a stipendiary Army,—the customary all-comprehensive correspondence between altitude in the scale of power, and altitude in the scale of emolument, is to be attributed. In this or that country—whatever, at the time in question, were the proportions,—if an arrangement were expected to be made, for reducing, to a certain amount, the scale of emolument,—the proposed conjunct scales of grade and power remaining unreduced,—resignation, to an extent having the effect of dissolution—resignation, or even revolt—might be the consequence.

To the case of non-military functionaries, however, no such danger applies. The consequence is—that, to the complete disregard of symmetry—as exemplified in a mutual correspondency in the three scales of grade, power and emolument,—no objection on the ground of necessity, has place.

Instructional. Exemplificational.

Art. 31. For elucidation, a glance at an arrangement, made in Russia by Catherine the Second, may perhaps, on this occasion, have its use. From the military situations, analogy conducted her, or her advisers, to the non-military: and, a scale of superiority and inferiority in rank, with or without correspondent subordination and superordination in respect of exercise given to the directive function, was the result. It was borrowed (it has been said) from the practice of some other state or states in her native country—Germany; but, by the conspicuousness of her situation, her name has been stampt upon it.

Be this as it may,—in two respects it was a system of no small importance: beneficial, to a considerable extent, it was and is; maleficial to a much greater extent. Beneficial, inasmuch as it is, in its nature, a vast source or mine of hope. So many situations in the whole Official Establishment,—so many objects of desire, endeavour, competition and hope, open, as at first sight might appear, to the entire of one of the sexes, and thence it might seem, to one half of the whole population. Here, then, was a good, placed within possibility of acquirement, before the individuals in question, considered in their individual capacity. But, by it was maximization given to the quantity of the matter of good, applicable in the shape of matter of reward, which, by misapplication, operates, and continues to operate, as matter of corruption, placing within the hope of every individual of the male sex, the capacity of serving his own particular interest, by contributing, to the sacrifice made of the universal interest, to the particular interest, real or supposed, of the Monarch, by the maximization and perpetuation of arbitrary power in his hands.*

Instructional.

Art. 32. Like as between the fabricational and the emptional modes of procurement, antagonization, as per Section 4, Functions in all, Arts. 45, 46, has place,—so may it as between fabrication on government account, by fabricating functionaries, occupying a permanently, and (repeal excepted) perpetually, established situation in the official establishment, and functionaries occupying situations not continuing any longer than till completion has been given to this or that individual work. Regard being had to circumstances local and temporary, to the different natures of the services in the several subdepartments, and to the situation in each several subdepartment,—to the Legislature it will belong,—in relation to any such works as may come to be proposed,—to determine, to which of the two modes of procurement to give exercise.

Instructional. Exemplificational.

Art. 33. Of such antagonization, examples are the following—

1. Fabrication, or say construction, of a bridge over a wide and rapid river.

2.—of an under-ground tunnel, especially if under water.

3.—of navigable vessels on the old accustomed plans, for war purposes.

4.—of steam-boats for non-military, as well as military purposes. By survey taken, of the branches of art and science brought to view in Section 16, Locable who, other examples might be found.

Instructional.

Art. 34. In this or that instance, what may happen, is—that, where, for the exercise of the fabricative function, unpermanent situations may be most eligible,—for the exercise of the custoditive and reparative, the exercise of permanent functions, in relation to the same subject-matter,—and thus the institution of permanent, and even perpetual situations,—may be necessary, or at any rate, preferable.

Instructional. Ratiocinative.

Art. 35. Under a form of government, of which corruption is the main instrument, and under which, on the part of superordinates, appropriate aptitude is, in a proportion correspondent to the degree of it, rare,—both the inclination and the ability to make apt choice being accordingly rare,—succession, determined, in ordinary cases, by seniority in official age as contradistinguished from natural age,—may afford a less bad chance for appropriate aptitude on the part of locatees, than would be afforded by an habitual exercise of the power of unrestrained choice by superordinate locators, in whose instance, to such their power, an unrestrained and irresponsible power of dislocation is conjoined.

Instructional. Ratiocinative.

Art. 36. In such a state of things, succession by seniority, as above,—with correspondent augmentation of emolument, on such terms as above,—is, on several accounts, obviously beneficial to the particular, personal, and sinister interest of the locating Superordinate.

I. It gives proportionable increase to the value of his patronage.

2. It gives proportionable increase to the power and efficiency of allective* corruptive influence.

3. It gives proportionable increase to the power and efficiency of intimidative corruptive influence.

If suspected of want of devotedness to the will, declared or presumable, of the superordinate,—the subordinate, if not dislocated, may, at any rate, without scandal and censure by the Public-Opinion Tribunal, remain unpromoted.

Art. 43. Examples are—

1. In the territory of a foreign state, suspension of a vice consul by a consul.

2. In a remote part of the territory of this state, suspension of a deputy commissary by a commissary, employed in the procurement, custody, distribution, and, incidentally, sale, of provisions or war stores, for the use of an army belonging to the state.

3. Or, in war time, in the territory of a foreign enemy.

Section XX.

Insubordination obviated.

Instructional.

Tyranny would be banished from the earth, could it but once be sufficiently known, that rest is everywhere banished from the pillow of the tyrant.

Expositive.

Art. 13. Of establishments or institutions, perpetual or temporary, which, being, in whole or in part, maintained at the expense of individuals, singly or in numbers, or of bodies corporate or unincorporated other than the Government,—may, as above, present an adequate demand for their inspection by the Minister to whose subdepartment they respectively belong, instances are as follows:

1. Indigence Relief and Health subdepartments. Establishments or Institutions, having for their object or say end in view, real or professed, the relief of indigence, absolute or relative, with or without labour: for example, 1. Almshouses: 2. Workhouses: 3. Hospitals.

2. Education and Health subdepartments. Establishments or Institutions as above, having for their object or end in view, real or professed, the instruction of individuals, of whatever age, in respect of any beneficial acquirement, on any part of the field of art and science.

3. Health subdepartments. 1. Hospitals. 2. Dispensaries. 3. Medical Museums. 4. Lectureships.

Expositive.

Art. 14. By a subordinate, in relation to a superordinate of his of any grade, an act of insubordination is capable of being committed in any of the three modes or shapes, in which, as above, an act of quasi-insubordination is commissible, as above, by a non-functionary, in relation to a functionary.

It is moreover commissible by non-compliance with any direction, delivered to him by the superordinate in the appropriate exercise of his directive function.

Enactive.

Art. 15. Remedies in the case of quasi-insubordination.

Art. 4. Take any human act whatsoever,—in so far as oppression is the result of it, the agent is an oppressor, the patient an oppressee.

Persons, who, on the present occasion, are considered in their capacity of becoming oppressors, are—functionaries belonging to the Administration Department: all persons so situated, and no others.

Persons liable to be rendered oppressees are—I. non-functionaries; II. functionaries: non-functionaries, in their several capacities of, i. suitors; ii. inspectees; iii. evidence-holders—(as per Section 20, Insubordination obviated, Arts. 3, 4, 5, by all functionaries;) functionaries, by their respective superordinates.

Oppressed by a superordinate, any subordinate functionary is liable to be, in any one of three ways: to wit, 1. in his capacity of suitor, having need of intercourse with the superordinate, in the same manner as a non-functionary; 2. by abuse of the superordinate’s directive power; 3. by abuse of the superordinate’s dislocative power, simple or modified, as per Section 18, Dislocable how, Arts. 1, 2.

Abuse of power may be either positive or negative: positive is committed by mis-exercise; negative, by non-exercise, where exercise is due: non-user is among the terms employed in English-bred law, and is applied to power; and, still more extensively, to right at large.

Expositive. Exemplificational.

Art. 5. Follows exemplification in the above-mentioned four several cases.

Case i. Alleged oppressee, a suitor. Examples—

1. On the part of the alleged oppressor, refusal or omission, to render an official service, on the occasion in question, due to him.

2. Needless suffering, inflicted on him on any such occasion, in the shape of delay, vexation, or expense.

3. Needless and ungrounded contempt or disrespect, expressed in relation to him; to wit, whether by discourse or deportment.

4. Any other wrong or wrongs, which the suitor may prefer submitting to at his hands, rather than be subjected to sufferings such as the above.

5. Wrongs, exercisible by contravention of the Rules of Official Deportment, as per Section 20, Insubordination obviated.

Expositive. Exemplificational.

Art. 6. Case ii. Oppressee, an inspectee. Examples—

1. Useless or needless suffering, in any shape, inflicted on him, on occasion of the process of inspection: of whatsoever nature the subject-matter of it, if a thing, may happen to be: the subject-matter, if one, damaged: subject-matters, if divers, damaged or thrown into confusion.

2. Profit-extinguishing disclosure: disclosure made—of a beneficial process in manufacture, or plan of management in commerce, not obtained without expenditure of time and capital, but productive of, or pregnant with, net profit, the amount of which would be lessened, or the source of it altogether dried up, were the same process employed by other persons, by whom the expenditure had not been shared: the disclosure being accordingly followed by extinction of profit, as above, in consequence of such competition.

For other examples, see above, Art. 5.

Expositive. Exemplificational.

Art. 7. Case iii. Oppressee, an evidence-holder. Examples—

1. The evidence, personal evidence, orally to be elicited: for the extraction of it, the evidence-holder subjected to forced attendance from distant parts, with uncompensated expense of journeys to and fro and demurrage.

2. The evidence, epistolarily, to be elicited: for the extraction of it, the evidence-holder subjected to the obligation of furnishing more or less lengthy written answers, to correspondently long strings of questions.

3. The evidence, real evidence: for the obtainment of it, the evidence-holder subjected to the burthen of a more or less protracted course of search, inspection, and examination, followed by the burthen of reporting the result: also travelling, the source of the evidence being immoveable, for instance, an edifice or tract of land; or if moveable, bringing it or sending it to the official residence.

4. The evidence ready written: necessary to the exhibition of it, a more or less protracted course of search, examinations and methodization. In each case, the evidence either useless or needless: or the burthen to the individual not adequately compensated by payment to him, or benefit to the public.

Expositive. Exemplificational.

Art. 8. Case iv. Oppressee, a functionary. For examples of oppression, which functionaries at large are exposed to at the hands of functionaries at large,—see those which non-functionaries are exposed to, as per Arts. 5, 6, 7. For examples of oppressedness by abuse of dislocative power, see the several modes thereof, as per Section 18, Dislocable how, and the articles which here follow.

Note, that by oppression at large, if not sufficiently obviated, the effects of dislocation, dishonour excepted, are not incapable of being produced: rather than endure any longer the vexation he is subjected to, the resignation of the oppressee is tendered and accepted. On the occasion of the oppression, this result may have been in contemplation, and have operated as the final cause of it.

Expositive.

Art. 9. So much for the disorder—its shapes, authors, and patients: now as to remedies.

Art. 16. Reasons, purposes, and uses of such invocation. Examples—

1. Obtainment of evidence, at the hands of evidence-holders, in relation to whom the special Judge has no evidence-elicitation power.

2. Avoidance of the appearance, or suspicion, of undue favour or disfavour.

3. Increase given to the publicity of the proceedings: thence, to the security against any deficiency of appropriate aptitude, in any particular, on the part of the special Judge.

Enactive. Ratiocinative.

Art. 17. By the Judge invoked, as above,—as well as by the Judge invoking,—will in this case be exercised the several elementary Judicial functions, as per Ch. xii. Section 9, Judges’ Elementary Functions: the ultimate imperative function excepted. This will be exercised by the special Judge alone: Reason,responsibility undivided.

Enactive.

Art. 18. Case ii. Alleged oppressor, a Minister. Special Judge in this case, the Prime Minister. Power of invocation in this case, as per Art. 15.

Enactive.

Art. 19. Case iii. Alleged oppressor, the Prime Minister. Special Judicatory in this case, the Legislation Penal Judicatory, as per Ch. vi. Section 28.

Enactive.

Art. 20. Indirectly-applying remedies, in these cases, are as follows:

1. Rules of deportment for functionaries: analogous to those applied, as per Section 20, Insubordination obviated, Art. 16 to 20, to the situation of non-functionaries having need of official intercourse with a functionary.

In the case of the Army and Navy subdepartments, respectively, whether any, and what variation should have place, the Legislature will consider and determine.

2. Enumerated cases for secrecy excepted, publicity of all official intercourse between functionaries and non-functionaries. For architecture adapted to these two opposite purposes, see Section 26, Architectural arrangements.

3. In the audience chamber of each Minister, and that of each functionary his subordinate, of every grade,—in situation and characters conspicuous, suspended by the side of the table of Rules of deportment for suitors, &c., a table exhibiting the Rules of deportment, as above, for functionaries. In many points, the two sets of rules will coincide: in some points, they will diverge.

4. As in the proceedings of the Judicial Department, as per Ch. xii. Section 14, and Ch. xxi. Judiciary Registrars, Section 5, Minutation how,—as in the public, so in the secret audiences, minutation and registration applied to everything that passes. See Ch. vi. Section 21.

5. As in the Judiciary Department, so in this,—securities the same for clearness, correctness, relative completeness, and thence undeceptiousness, in the evidence so elicited.

6. As in every justice chamber, so in every administration functionary’s audience chamber,—the sort of register styled an Incidental Complaint-Book, as per Ch. xii. Section 18, will be ready for the reception of any complaint, which, at the charge of the functionary,—the suitor, inspectee, or evidence-holder, as the case may be—may think fit to make: or, at the charge of the non-functionary, the functionary.

7. Thus, as in judicial business, as per Ch. xii. Judiciary collectively, and Ch. xvii. Judicial Inspectors, and the correspondent Procedure Code,—so in administration business,—to the hitherto customary, ungrounded, and arbitrary mode, a determinately and judicially-grounded mode of procedure, is throughout, substituted.

Instructional. Expositive.

Art. 21. As to the above Rules of deportment, for the more effectual comprehension of them, take the analysis following:

Art. 32. As to the two corresponding Codes of good manners here spoken of, neither of them can be inserted here. Reasons are as follows—

1. For any such minute details, the Constitutional Code is not, it should seem, the proper place.

2. Scarcely is the art-and-science sufficiently in advance for the exhibition of them.

3. To a more or less considerable extent, variations would be indicated, by the diversity of sentiments, manners, and customs, in different regions and communities.

4. As the public mind matures itself, the matter of private, will be removed into the field of political, deontology.*

Instructional.

Art. 33. Of the comparatively broad features, by which, to the purposes of satisfaction and punishment, at the hands of the ordinary judicature, delinquency, in its coarser and most prominent shapes, is characterized,—no adequate portrait—no adequate set of definitions—is as yet to be seen in the code of any nation: till these have been settled and delineated, as in the Penal connected with the present Constitutional Code, they are endeavoured to be,—scarcely, in the minds of public men, will appropriate aptitude be sufficiently ripe, for the adequate performance of the still more delicate and difficult task, brought to view as above.

Enactive. Instructional.

Art. 34. Case II. Oppressee a functionary. He can be none other than a subordinate functionary; to wit, a subordinate, belonging to the same subdepartment, and subject to the power exercised by the exercise of his superordinate’s directive function.

In this case, in respect of the need there will be for the subordinate to hold intercourse with the superordinate,—the relation of the situation of the subordinate to that of the superordinate, is, as per Art. 4, the same as that of a suitor to any functionary with whom he has business. Remedies, direct and indirect, will accordingly be the same.

Enactive.

Art. 35. So likewise, when the power, the abuse of which is alleged, is the power exercised by the exercise of the directive function.

Enactive. Instructional.

Art. 36. Remain, the remedies to the abuse of the power exercised by the exercise of the dislocative function.

1. Directly applying remedy in this case, right of complaint exercisible as per Articles 12 to 19; but, as to satisfaction by relocation, the power, if exercised by a Judge ordinary, recommendatory only—(as will be seen)—not imperative.

2. Indirectly applying, the same in this case as in that; but, in this case, with the addition of the preliminary fixation, of the authorities, by which alone the several modes of dislocation shall respectively be exercised.

Enactive. Ratiocinative.

Art. 37. For the purpose of hearing the complaint, exceptions excepted, the Judicatory employed will be that of the metropolis.

Reason. In that situation will naturally be found the best instructed section of the Public Opinion-Tribunal, and thereby the most efficacious security against abuse.

Instructional. Ratiocinative.

Art. 38. But, for saving expense, vexation and delay, or even for avoidance of partiality, and thus misdecision or nondecision,—it may happen that a Judicatory, preponderantly preferable upon the whole, may be found in some other subdistrict. Consideration had of all circumstances, permanent and temporary,—to the Legislature it will accordingly belong to determine, what if any exceptions to establish: and whether actual, by exercise of its own immediately applying authority, or eventual by the giving powers to that effect to the Prime Minister, or the Justice Minister, or recommending the exercise of such powers to succeeding Legislatures.

Enactive.

Art. 39. For the formation of the decrees of such dislocation Judicatory, optional courses are the following—

1. Confirmation of the act of dislocation, simplified or modified.

2. Declared forbearance to exercise the opinative function.

For the distinction between the opinative and the imperative function in a judicial sense, see Ch. xii. Judiciary collectively, Section 9, Judges’ Elementary functions.

3. Recommendation given to the dislocating functionary,—to substitute, to the mode of dislocation exercised, dislocation in some other mode, mentioning what.

Ratiocinative.

Art. 40. Uses of such recommendation are the following:

1. By the prospect of it, and the publicity attached to the procedure,—affording a security against ungrounded, and insufficiently grounded, and thence oppressive, dislocation.

2. Affording to the dislocatee the means of clearing his reputation from ungrounded imputations.

Ratiocinative.

Art. 41. The due exercise of the functions of a functionary would be liable to be much impeded, if so it happened that he were unable to give exercise to them without the instrumentality of a subordinate regarded by him as relatively unapt: and, by the apprehension of seeing himself laid under this difficulty by this or that subordinate of his, his operations might, to an indefinite degree, be obstructed.

Enactive. Ratiocinative.

Art. 42. But to no such recommendation is any obligatory effect attached.

Reasons. The inconvenient effects of which such attachment might be productive:—too obvious to need description, too various and numerous to admit of description here.

Enactive. Ratiocinative.

Art. 43. In e

Home

The Forum

Econlib

The Library

Other Sites

The Library

Return to Title Page for The Works of Jeremy Bentham, vol. 9 (Constitutional Code)

The Online Library of Liberty

A project of Liberty Fund, Inc.

Search this Title:

Also in the Library:

BOOK II. - Jeremy Bentham, The Works of Jeremy Bentham, vol. 9 (Constitutional Code) [1843]

Edition used:

Part of: The Works of Jeremy Bentham, 11 vols.

About Liberty Fund:

Copyright information:

Fair use statement:

BOOK II.

PREFACE TO THE ORIGINAL EDITION OF BOOK II.

STATE OF [[ ]]. ITS CONSTITUTIONAL CODE.*

CHAPTER I.

TERRITORY OF THIS STATE, NAME, SITUATION, BOUNDARIES, DIVISIONS.

Enactive.

Enactive.

Enactive.

Enactive.

Enactive.

Enactive. Instructional.

INSTRUCTIONAL DISSERTATION.

CHAPTER II.

ENDS AND MEANS.

Enactive. Instructional.

Enactive. Instructional.

Expositive.

Expositive.

Expositive.

Expositive.

Expositive.

Enactive. Instructional.

Enactive. Instructional.

Instructional.

Enactive. Instructional.

Instructional.

Instructional.

Instructional.

Expositive.

Ratiocinative. Enactive. Instructional.

Ratiocinative. Enactive. Instructional.

Enactive. Instructional.

Enactive. Instructional.

Expositive.

Instructional.

Expositive. Instructional.

Instructional.

Instructional.

CHAPTER III.

SOVEREIGNTY, IN WHOM.*

Enactive.

CHAPTER IV.

AUTHORITIES.

Enactive.

Enactive.

Enactive.

Enactive.

Enactive.

Enactive. Expositive.

Expositive.

Enactive.

Enactive.

Enactive.

Enactive. Instructional.

Enactive. Expositive.

Enactive.

Enactive. Ratiocinative.

CHAPTER V.

CONSTITUTIVE AUTHORITY.*

Section I.

Constitutive what—in whom.

Expositive.

Enactive.

PREFACE

TO THE ORIGINAL EDITION OF BOOK II.

STATE OF [[ ]].

ITS CONSTITUTIONAL CODE.*

*Public-Opinion Tribunal:** —Composition.

Public-Opinion Tribunal.

Functions.