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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.

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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.

Art. 49. Exceptions excepted are—

1. The Army subdepartment, so far as concerns the situations belonging to the military branch of the service.

2. The Navy subdepartment, so far as concerns the situations belonging to the military branch of the service.

In relation to these situations, separate arrangements are made, as per Ch. x. Defensive Force, Section 13, Military Judicatories.

Enactive.

Art. 50. I. Shape, simple dislocation. Dislocation instrument. Among the heads, under which the matter of this instrument is entered, will be the following—

1. Time of the operation: designation made of it, by mention of the year, month, day of the month, day of the week.

2. Dislocatee, who: his names—personal and official.

3. Dislocator, who: his names—personal and official.

4. Supposed justificative cause of the dislocation: supposed justificative portion of the law: supposed justificative facts, with their application to the law.

5. Evidence, by which the existence of the supposed justificative matters of fact is supposed to have been ascertained: in general terms, brief indications of the source or sources from which the evidence was obtained:—sources; that is to say Evidence-holder or holders, who: evidence what—personal, real, or written, furnished by each.

6. Time, as above, and down to the minute, from and after which it is intended that the dislocation shall be considered as having taken place.

7. Shape, in which the inaptitude, the existence of which has been regarded as a sufficient justificative cause for the dislocation, is regarded as having place:—a deficiency to wit, in respect of appropriate aptitude in one of its four shapes: that is to say moral, cognitional, judicial, active:—probity, knowledge, judgment, active talent.

Enactive.

Art. 51. In case of deficiency in respect of appropriate cognitional, judicial, or active aptitude, instead of an act of simple dislocation, emanating from the dislocating functionary, may be employed an act of resignation, exercised by the dislocatee, with an act of acceptance thereto annexed by the dislocator, as attested by his signature; in this case, such resignation may be assigned as the sole cause of the dislocation:—in case of deficiency in respect of appropriate moral aptitude, resignation will not be accepted; in this case the dislocation will be stated as having had the deficiency for its justifying cause.

Ratiocinative.

Art. 52. By causes in great variety other than inaptitude in any shape,—resignation is alike capable of being produced. Examples are—

1. Ill health.

2. Better provision in some other shape.

3. Avoidance of separation from domestic or other social connexions.

4. Disagreement with other persons, functionaries or non-functionaries, with whom the nature of the resigner’s business unavoidably brings him into habitual or frequent contact.

Enactive.

Art. 53. Added to the Dislocation instrument, but on a separate paper, will be the Minutes of the record, including the Evidence, constituting the ground of the decree, in execution of which the Dislocation instrument has been signed.

Enactive.

Art. 54. II. Shape, suspension: heads for entries, as above. Examples—

1. Time of the operation, designated as per Art. 50.

2. Suspendee, who: as per Art 50.

3. Suspender, who: as per Art. 50.

4. Justificative cause, as per Art 50.

5. Evidence, as per Art. 50.

6. Time from which the suspension is to reckon, as per Art. 50.

7. Time, at which it is to cease, as per Art. 55, when, in case of renewal, the instrument of renewal will be delivered for the information of the Suspendee. This, upon the principle of the Future-communication-securing arrangement: as to which, see the Procedure Code, Ch. x.

Enactive. Ratiocinative.

Art. 55. Rules for the Suspender.

Rule 1. Take, for the duration of the suspension, the least time which affords any promise of being sufficient; reserving, and declaring yourself to have reserved, power of unlimitedly repeated renewal, yet so that no subsequent suspension shall be for a term longer than the first.

Reason. Preventing the suspension from having the effect of dislocation, or being continued for an inordinate length of time, by forgetfulness, indolence, or ill-will.

Enactive.

Art. 56. Rule 2. On each such renewal, add the justificative cause: and whether it be the original justificative cause as per Art. 54, or some fresh cause. Particularize, in this last case, such fresh cause.

Enactive.

Art. 57. By any of the causes following, the suspension will be terminated.

1. Failure of the renewal.

2. Failure of the mention of the justificative cause thereof.

Enactive. Instructional.

Art. 72. Power to the Special Judge Appellate to invoke the assistance of the ordinary Judge, or transfer to him the cognizance of the cause, as per Art. 15. Whether this power shall be given, the Legislature will consider and determine.

Enactive.

Art. 73. Exceptions excepted, in the several cases following, exemplars of the Record will be disposed of in manner following:

These cases are—

1. Judicature, on complaint of oppression at large.

2. Judicature, for the purpose of warranting the exercise of dislocative power in any one of its shapes.

Judicature, on appeal, against an exercise of transferential or say locomutative power.

Modes of disposal will be the following—

1. Kept in the office of the Special Judge, one.

2. Delivered to each of the parties, one.

3. Transmitted to the office of every functionary, if any, superordinate to the Special Judge, one.

Enactive.

Art. 74. In the case of suspension, unless it be at the instance of suspender or suspendee, exemplars of the suspension instrument, or of the record, will not be transmitted to any other office.

Enactive.

Art. 75. So, in the case of simple transference to an office, not inferior:—transference whether definitive or temporary.

Enactive.

Art. 76. So in the case of stoppage of promotion.

Instructional.

Art. 77. In the application made of the matter of this and the last preceding Section, the Legislature will have due regard to the circumstances following—

1. Extent of the whole territory of the state.

2. Distance of the seats of the several offices from the metropolis.

3. Facility or difficulty of communication.

4. Smallness or magnitude of the number of grades of subordination in the several subdepartments respectively considered.

Section XXII.

Extortion obviated.

Expositive.

Art. 2. The trust thus violated may be either private or political: political, it may be either public or semi-public. On the present occasion, trust in both these its branches is the object in question: public, in so far as the loss, being pecuniary or quasi-pecuniary, falls upon the public at large: semi-public, in so far as it falls upon the population of this or that particular class or district.

Expositive.

Art. 3. Of the modes, in which, by a person at large, undue profit may, in a direct and criminal way, be made at the charge of another, examples are as follows:

1. Theft.
2. Fraudulent obtainment.
3. Extortion.
4. Robbery.

1. In the case of each such situation, minimize the quantity of money, placed at the disposal of the occupant.

2. Minimize the time during which it is left at his disposal.

3. As a condition precedent to his location,—require security for the eventual forthcomingness of a sum, as near as may be to equality, with the maximum of the money so placed at his disposal.

4. Such security may be composed—partly of property of his own, remaining at his own disposal, partly of property belonging to persons, consenting to become bondsmen: bound, in case of deficiency, to provide, to an extent, in each case limited, for the filling it up: or it may be given—partly in the one shape, partly in the other.

5. To the fact of his receipt of the money in each instance, give recordation,—together with whatever degree of publicity the regard due to frugality admits of.

6. So, to the time and place of its being transferred into his hands: with a sufficient description of the person, by whom it was so placed, and of the cause and purpose of such transfer.

7. So, on its passing out of his hands,—to the time, cause, and purpose of such its subsequent transfer.

Instructional.

Art. 14. For the exclusion of sinister profit by public loss,—a consideration that will be kept in mind, is—that money’s worth—in all its several shapes, immoveable and moveable—is more exposed to be made an instrument of such loss, than money itself is: that, accordingly, generally speaking, in the exercise of the procurative, reparative, eliminative, and venditive functions,—in relation to land, edifices, vessels, or goods,—more facility is afforded for such mal-practice, than in the exercise of the receptive, custoditive, and transmissive functions, in relation to money: in a word, that peculation is attended with less difficulty and danger than embezzlement: on this, as on other occasions, proportioned to the demand, will be the Legislator’s vigilance.

Instructional.

Art. 15. Of the ways in which such sinister profit may be made by a peculator,—examples are as follows:

1. Purchasing from a confederate or favourite, he gives over value.

2. Selling to a confederate or favourite, he accepts under value.

3. In case of competition between vender and vender, he over-rates the quality of the goods tendered by a confederate; he underrates the quality of those tendered by a rival dealer.

4. In case of competition between purchaser and purchaser, he assorts the articles, in a manner suitable to the demand of the confederate or favourite, unsuitable to the demand of the competitor.

Instructional.

Art. 16. By the united powers, of recordation, publication, and unrestricted interrogability, as per Arts. 6, 7,—an effectual bar may, in every instance, be opposed, to breach of trust in both those forms: improbability of accomplishment, and probability of detection, will concur in excluding the attempt.

Section XXIV.

Legislation-regarding functions.

Enactive. Expositive.

Art. 1. Exercisible, in an appropriate seat, in the assembly of the Legislature, by himself or a Depute permanent,—to every Minister, subject to the orders of the Legislature, belong the functions following—

1. Argumentative function: exercised by taking part in a debate on the same footing as a member.

2. Initiative function: exercised by making a proposition, or say motion, in relation to any subject, in any shape.

Art. 1. Securities for appropriate aptitude. Under this head, subject-matters for consideration are the following:*

1. Elements or branches of appropriate aptitude, the existence of which, on the part of the functionaries in question, as on other occasions so on this, is endeavoured to be secured: Here, as elsewhere, moral, intellectual, and active: intellectual, including cognitional and judicial—knowledge and judgment.

2. Motives, the operation of which, as on other occasions so on this, trusted to, for the giving effect to the securities here provided: Desire of pleasure in all shapes, desire of exemption from pain in all shapes. For the several pleasures and pains, considered as objects of desire or aversion,—and thence as motives, creative of correspondent interests,—and as constitutive of the only sort of matter of which motives can be composed,—see Springs of Action Table—(in vol. i.)

3. Sanctions, or say sources, from which the motives here employed take their rise: the popular or moral, and the legal: to the popular, or say moral sanction, execution and effect being given by the Public-Opinion Tribunal: to the legal sanction, by the legal tribunals: to wit, the several judicatories, whose operation applies to functionaries as well as non-functionaries,—and by the several administrational and virtually judicial tribunals, whose operations, performed through the medium of the several powers locative and dislocative, is mostly confined to functionaries and locables looking to become functionaries.

4. Persons, to whose conduct, as on other occasions so on this, for the purpose of securing, on their parts, the existence of the elements of aptitude, or say the qualifications, here in question:—on former occasions, the members of the legislative body, and the Prime Minister: on the present occasion, the several Ministers, and their several subordinates.

5. Persons, by whose agency as on other occasions so on this, the power of the above-named several sanctions, is applied to the production of the effect looked to from these several securities:—persons at large, members of the political community, together with those of all other communities, considered as members of the Public-Opinion Tribunal; and the several superordinate functionaries, belonging to the several legal tribunals, judicial and administrational, just mentioned.

6. Purposes, to which, as designated by their most extensive and comprehensive denominations—that is to say, maleficent modes of conduct, in the prevention of which, as on other occasions so on this, the operation of the securities here provided, and the aptitude here endeavoured to be ensured, are endeavoured to be employed:—1, misuse of the official powers in question—2, nonuse of those same powers, in cases where the declared end in view of the institution requires that use, and thereby right and proper use of them should be made.

7. Relative point of time, at or during which, as on other occasions so on this, the operation of the several efficient causes of security has place:—1, antecedential, 2, concomitant, 3, consequential; relation had to the exercise given by the several functionaries to their several functions, in their several official situations. As to this, see in particular Ch. xii. Judiciary collectively, Section 32, Securities, &c.

Instructional.

Art. 2. To the Legislature so will belong, on survey made of the several securities provided in the case of the situation of Member of the Legislature, as per Ch. vi. Section 31, and that of Prime Minister, as per Ch. viii. Section 12, Securities, &c., Art. 1.—to consider—whether any of them, and which, are, with promise of benefit, applicable to the situation of Minister.

Instructional.

Art. 3. Apply, of course, the securities following—

1. Registration system.

2. Publication system.

3. Dislocability, by the Legislature.

4. Dislocability, by the constitutive authority.

5. Responsibility, for insufficiency in the exercise of the several functions—informative, indicative, and initiative: as per Ch. viii. Section 3, Relation to the Legislature, Arts. 3, 4, 5, 6.

6. Dislocability, for acceptance of any other office.

7. Dislocability, for acceptance of any office, gift, or factitious honour or dignity, at the hands of any foreign government.

8. Obligation to keep in exercise a Depute or Deputes, coupled with responsibility for their aptitude.

9. Responsibility for the aptitude of their immediate subordinates respectively, as per Arts. 26 to 29, of this section.

10, Securities afforded by Section 16, Locable who: in particular, that afforded by the examinations undergone in the Qualification Judicatory, Art. 17 to 41.

11. Securities afforded by Section 17, Located how: in particular, the provision for minimization of expense, by means of the pecuniary competition, as per Art. 1 to 13.

12. Subjection to the authority of the Public-Opinion Tribunal, as exercised by the exercise given to its functions statistic, censorial, and melioration-suggestive.

Instructional.

Art. 4. Instruments of Security already brought to view, and on that account needing but to be referred to, are the following:

I. Character Index:—a species of document, affording, in relation to a functionary belonging to the department in question,—information serving to convey a conception of his habitual condition in respect of appropriate aptitude in its several branches; and his conduct on particular and individual occasions.

To both purposes taken together will serve—the entries made in the several books denominated Personal Stock Book, as per Section 7, Statistic function; Bissection 2, Art. 1, p. 236; Individual Service Book; Bissection 3, Art. 8 to 13, pp. 242, 243, and Loss Book; Bissection 4, Arts. 4, 5, pp. 246, 247.

Instructional.

Art. 5. II. Official Merit Register, or say Extraordinary Service Register or Public Merit Register: a document—serving to convey, in relation to this or that functionary, a conception of his conduct, on this or that individual occasion, on which, in effect or tendency, it has been, in this or that extraordinary mode or degree, beneficial to the service of the public, and in that respect laudable. As to this, see Section 15, Remuneration, Art. 18 to 29, pages 267, 268.

Enactive.

Art. 6. Additional securities, on this present occasion instituted, are the following—

III. Demerit Register. At the end of each edition after the first, will be inserted an Appendix, intituled the Delinquent List, Convicted List, Transgression List, Official Delinquency Calendar, or Official Demerit Register.

Enactive.

Art. 7. Heads, under which the appropriate matter will be inserted are the following:

1. Offence or say delinquency, or transgression—its denomination—generic and specific: with the characteristic individualizing circumstances extracted from the Record.

2. Judicatory in which convicted and sentenced.

3. Offender—or say, delinquent, or transgressor, styled on this occasion the malemeritant—his name at length.

4. Year, month, and day of the month of the conviction and sentence.

5. Judicial Register, in which the record of the proceeding may be seen.

6. Added to these heads will be those published in connexion with his name in the last preceding Office Calendar, as to which, see Section 16, Locable who.

Art. 17. II. By Quasi-judicial assertion, understand assertion, the verity of which is sanctioned by the same responsibility as that which has place in the case of testimony delivered before a Judge. See Procedure Code, title Evidence (Ch. xi.:) meantime, see above, Ch. vi. Legislature, Section 27, Legislation Inquiry Judicatory, Arts. 50, 51, 52.

Enactive. Expositive.

Art. 18. III. By appropriate recordation, understand, in this case, entry in a book styled the Extra Despatch Book. Follow the heads under which the matter will be entered.

1. Nature of the business on the occasion of which the extra-service was rendered.

2. Person by whom rendered.

Art. 39. A power of this sort may be exercised, so it may seem, in either of two ways, according to the state which the Pannomion is in with relation to the subject: to wit, either simply without authority, or say warrant from the law as it stands, or in direct and declared contrariety to some express enactment of the same law. In this last case, the power thus exercised is commonly designated by the appellation of a dispensing power. So it may seem: and in practice, as yet, so perhaps everywhere it is. In the nature of the case, however, the diversity depends upon that which, in the political community in question, at the time in question, is the state, and the tenor, of the written rule of action: for, suppose it to contain an enactment, to a certain degree comprehensive,—the case will be, that no power not expressly given by law can be exercised, without being exercised by an infringement of some assignable article in the body of the law; nor, therefore, without the exercise of a dispensing power setting itself above the law.

Art. 49. Precedent and practice—no head too empty or too weak, to make the tongue say aye, at the sight, or the sound, of both or either of these two so nearly synonymous and so aptly-associated words:—precedent, set by the distinguished few whose characteristic is political and moral wickedness: precedent, followed, practice persisted in, by those comparative many, whose characteristic is a compound, composed of political wickedness, combined, as chemists phrase it, in excess, with mental weakness.

This mode of acting—acting by precedent (understand always, instead of, and in preference to, enactment) what is it? It is acting without reason, to the declared exclusion of reason, and thereby in declared opposition to reason: acting in a more particularly anti-constitutional manner, when it is by the Executive or the Judiciary, in opposition to the acts of the Legislature.

The more flagrant is the anti-nationality and absurdity, the more antique the precedent: the more antique the precedent—that is to say, the more barbarous, inexperienced, uninformed, and prejudice-led the race of men, by and among whom the precedent was set:—the more unlike that same past state of things, to that which, at the time in question, is the present state of things.

To act thus—to argue in defence of action in this way—is it not as much as to say, I will have it so, because this or that other man, still more profoundly ignorant than myself, and still less restrained from evil by the tutelary control of public opinion than myself,—said in his day—said some scores or some hundreds of years ago—I will have it so? These declarations, are they not such as every man who acts and argues in this way should be regarded, and dealt with, as having made?

By these arguments is endeavoured to be set up an everlasting bar against reform, be the abuse ever so mischievous—against improvement, be it ever so beneficial and unobjectionable.

Instructional.

Art. 50. Observations on the system of judicial control, employed in this Section and in Sections 20, 21, in preference to that of arbitrary will.

Of the substitution here made of judiciary to purely arbitrary procedure in the Administration Department, examples are not wanting in the practice of any civilized nations of Europe.

Witness, in every nation the Courts Martial.

Witness, in English practice the Courts Martial and Military Inquiry Courts.

Instructional.

Art. 3. By appropriate architectural arrangements, contribution, (it will be seen,) may be made at the same time to that same main end, and to those same collateral ends: for, by those same architectural arrangements, by which delay, vexation, and expense, are reduced in favour of suitors,—may delay, as well as vexation and expense, be seen reduced in favour of the directing functionaries; and through them, in favour of the public service.

Instructional.

Art. 4. Intermediate purposes, to which, for maximization of good and minimization of evil, Architectural arrangements are applicable to official edifices, are—publicity and secrecy of intercourse: publicity, in the cases where publicity, secrecy, or say privacy, in the cases where secrecy is in the highest degree conducive to those same desirable purposes.

From the apartment of each Minister to the apartment of every other Minister runs in like manner a conversation tube.

As between one and every other of these fourteen Administration functionaries,—thus is promptitude of oral intercourse maximized.

Ratiocinative.

Art. 20. Collateral advantage. By these same means, effectual security is afforded, against an imaginable mishap, the realization of which is not without examples. From office to office, official papers are of course sent in locked boxes. The offices being, many of them, out of sight of one another, and situated at indefinite distances,—the bearers of these boxes have been way-laid, and for some sinister political purpose robbed of them.†

On the above construction,—the messengers, by whom papers are carried to and fro, need never be out of sight of the intercommunicators: by means of wheels within-doors,—boxes, if it were worth while, might even be borne to and fro, by ropes instead of messengers; at the immediately preceding moment, notice being given by accompanying bells.‡

Instructional. Expositive.

Art. 21. Thus much for promptitude of oral communication between functionary and functionary.

Now as to the promptitude as between functionaries and suitors,—together with exclusion of needless delay, vexation and expense: vexation, by haughty or negligent demeanour on the part of the functionary, and by unjust favour in respect of priority of audience.—Follows the remedy, in so far as applicable by architectural arrangements.

Waiting-boxes. By a Waiting-box in a Minister’s office, understand—a compartment, into which a suitor or set of suitors are admitted, there to remain while waiting for audience: seats, in each, from two to eight: in tiers, one above another—one, two, or three—as in the boxes of a theatre.

Form of each office—suppose, on the outside, a polygon of thirteen sides: eleven of them constituting the exterior boundaries of so many of these Waiting-boxes: the two others contiguous to each other,—use, giving to suitors—the one entrance, the other, exit. As to these see Art. 30.

Of the eleven, nine contiguous to each other, termed Public boxes: these, for the reception of suitors in whose instance no secrecy is required.

Private boxes, (as to which see Art. 26,) two: one at each extremity of the line of Public boxes. Should the number be found or predetermined insufficient, it might be increased by two or more, at the expense of that of the Public-boxes.

In each Public box,—the interior boundary a correspondent parallel to the exterior.

About the centre of the polygon,—a counter, or rectangular table, with seats for the Minister, and one or two Registrars or clerks for registration.

Between that part of the table which is nearest to the interior boundary of the annular or say quasi-annular line of Waiting-boxes,—an open area, of greater or less extent according to convenience, into which opens a door waist-high, by the opening of which any person in the box may, in case of need, on permission, pass to the table.

Between the Minister’s table and the exterior boundary of the line of Waiting-boxes, the distance not so great as to afford any obstruction to oral intercourse.

By this consideration, the necessary limit will be set to the diameter of the ground-floor of the whole building.

Exterior to the exterior boundary of this annular line of Waiting-boxes, a correspondent line of passage: along it the suitors make their way all round to the several Waiting-boxes: he who comes first, moving on to the box which is furthest from the entrance.

Height, not exceeding what is requisite for ventilation.

Light, received into it from the top.

The boxes distinguished from one another by numbers: each number expressed in figures over the exterior door of the box, to wit, that which opens into the passage, as also over the interior door, which opens into the above-mentioned area.

Without and within these Waiting-boxes,—in type and numbers such as to be visible to all eyes, are exemplars of the two Tables, as per Section 25, Securities, &c., Arts. 10, 11, and 12. Table I. Functionary’s Deportment Rules: Table II. Visiter’s Deportment Rules.

Ratiocinative.

Art. 22. Uses of these same public Waiting-boxes. 1. Service rendered by the population of them, in securing and augmenting the publicity of everything that passes: this, in like manner as by the Judicial Inspectors in a Justice chamber, as per Ch. xvii.

Instructional.

II. Need of temporary secrecy, to secure the information from being suppressed by fear of the disrepute liable to be attached to the exercise of the function of informer.

III. Ill-will and ill offices on the part of the delinquent, and persons especially connected with him—by the tie of interest, self-regarding or sympathetic.

Be the act what it may,—where motives, adequate to the production of the requisite information, have place,—it may be presumed that a correspondent probability of such prevention or suppression will thus have place: where no such adequate motive has place, the evil practice will go on unpunished. Note, that the disrepute so generally attached to the character of informer can scarcely have any other cause than a correspondent depravity in the character of the laws. Of that depravity it is accordingly everywhere strongly presumptive at least, if not of itself conclusive, evidence.

Ratiocinative.

Art. 35. Objection answered. No reward! (cries an objector:) no reward in this case. If true, the information will have been given by the pure motive of regard for the public good: given for the sake of lucre, it will have been false.

Answer. 1. But, this same lucre—what is it that the word designates? Nothing more than the matter of reward, that is to say, the matter of good, applied to the purpose in question, with intimation given—that, to him who is speaking of it, the application made of it is an object of disapprobation; but without any intimation, of the ground on which that sentiment is entertained.

2. Admit the objection to be a valid one, a consequence is—that no offence—no mischief producible by an offence—should ever be prevented;—except in a case, which, for this purpose, presents persons in sufficient number, who are content to sacrifice, each of them, his own interest to a comparatively small interest on the part of the public,—and act accordingly.

Ratiocinative.

Art. 36. As in any other way, so in this—to oppose discouragement to the proceedings necessary to the prevention of an offence, is to act as an accomplice.—Question. You yourself,—have you ever made any such sacrifice?—out of a hundred such sentimentalists, not more perhaps than one is there whose answer would not be in the affirmative: yet not so much as one, perhaps, is there in whose instance it would be true: that which in the language of sentimentalism is a sacrifice of private to public interest, being but a sacrifice of a self-supposed private interest in one shape to a self-supposed private interest in another shape: for example, of an interest corresponding to the love of power, to an interest corresponding to love of reputation:—of that reputation, of which power is the expected fruit.

Instructional.

Art. 37. The determination to exclude all false evidence—is it an absolute one? included in it then is the determination to exclude all evidence. For where has ever been the piece of evidence, in relation to which, antecedently to examination, it could have been known not to be false?

Instructional. Ratiocinative.

Art. 38. Attached to the official apartment of a Minister, (including the treasury thereto belonging,) and under the same roof—shall there be or not be, a mass of building, with the appurtenances, provided for the habitation of the Minister and his family?

Reasons for the affirmative.

1. Saving in respect of the roof.

2. Protection against furtive abstraction—or say robbery—particularly by night.

3. Assurance that, by this means, the Minister will be, generally speaking, on the spot.

Reasons for the negative.

1. If an habitable part be to be added,—there must be, for the subdepartments of the eleven or twelve Ministers taking directions from the Prime Minister, that same number of ministerial habitations. But, as per Section 2, (Ministers and Subdepartments,) what may happen is—that, for several subdepartments, one and the same Minister may suffice: in this case, so many unions or reunions, so many masses of superfluous expense.

2. The number of the persons, of whom the family of a Minister is composed, admits of an indefinite number of diversifications. But, of the habitations thus provided, the aggregate mass will require to be sufficient for the most numerous family; and, in this sufficiency will be included, a proportionate superfluity and excess, with the correspondent wasteful expense,—in every instance, in which the actual number falls short of the number thus arbitrarily assumed; and this excess may be to be repeated upon any number of habitations, not exceeding the eleven or twelve.

3. As to the Minister’s being always on the spot,—by his having a habitation on the spot, no complete security will be afforded for his being himself constantly in that same habitation, nor of his being accessible when he is there. Other and more appropriate arrangements, the nature of the case affords, as per Section 25, Securities, by which this accessibility is capable of being secured. Understand always—at the times at which the business requires his presence at office hours in the official apartment. But, every year, a portion more or less considerable of his official time will be to be employed in Inspection visits, as per Section 9, Inspective function.

4. Suppose no such appendage attached,—the habitation, occupied by each Minister, will be that, which, in the judgment of the most appropriate judge, is best adapted to his wants and means in all respects. As to the expense,—it will, in both cases, be taken into the account, on the occasion of the offers made by candidates, on the occasion of the pecuniary competition, as per Section 17, Located how.

Instructional.

Art. 39. This same instrument might, and naturally would,—every part of it—serve, at the same time, for both the matériel and the personel of both departments—the Legislative and the Administrative:—for the personal as well as real stock—for the functionaries belonging to the two departments, as well as for the dead portion of the public property.

Instructional.

Art. 40. Compare, with a view to comparative importance, the prime subject-matter of preservation in the case of a representative democracy as here, with the corresponding subject-matter of the like care so universally bestowed in the case of the Monarch: the absence of all expense in the one case, the enormity of the expense in the other: the needfulness in the one case, with the uselessness in the other: more particularly in the case of those whose attendance is paid on his migration from place to place. Behold, in the case of the Monarchy, a virtual certificate—that, under that form of government, the state of perpetual insecurity,—into which, for the increase of the inordinate prosperity of that one individual, the subject millions are kept plunged,—is shared with them, at the same time by that same unit, to whose interest in this shape, a sacrifice, so enormous, of the universal comfort of those same millions, is not grudged.

Instructional. Ratiocinative.

Art. 41. Note well—that, in the organization of this compound instrument of security, an indispensable condition is—that the individual elements of the fictitious body be frequently changed. A Prime Minister for life—with an unchanging body of men—though in number, for example, not more than fifty, under his command,—encompassing at the same time his residence, and that of the most confidential and highly empowered servants of the people,—might sooner or later become a Pisistratus with his fifty yeomanry, or a Roman Imperator with his Prætorian guards.

Instructional. Exemplificational.

Art. 42. Subsidiary arrangements, requiring to be connected with, and adapted to, those which belong strictly to Architecture alone, are—arrangements for the security of the buildings, their appurtenances, and contents, against loss by whatever causes—physical or psychological—produced.

Of such loss examples are—

1. Destruction by conflagration.

2. Destruction on deterioration by other physical causes at large.

3. Furtive abstraction.

Instructional.

Art. 43. Subject-matters, the preservation of which is of prime importance are—the literary contents of the treasury; more particularly those in manuscript. But, so far as regards the manuscripts, the evil from loss is already minimized: to wit, by the universal registration and publication system, as per Ch. viii. Sections 10, 11.

Instructional.

Art. 44. Of psychological causes of indiscriminate destruction and deterioration, examples are—

1. Ill will on the part of a foreign adversary.

2. Ill will on the part of internal adversaries, as in the case of popular commotions.

Instructional. Exemplificational.

Art. 45. Of psychological causes of furtive abstraction, examples are—

1. Desire of the matter of wealth in the ordinary case: to wit, that in which the subject-matter possesses intrinsic marketable value.

2. Indirect advantage, from the loss of the subject-matter to a party on one side, or the acquisition of it to a party on the other side, over and above any marketable value which it may happen to it to possess.

Of furtive destruction or abstraction thus produced, individual examples have every now and then transpired.

Instructional.

Art. 46. Follow correspondent safeguards. Even in a Republic, established with the best possible constitution, a purposed destruction of public property by popular commotion, should not be regarded as too improbable to need guarding against. The love and veneration of ten millions at a distance might be an altogether inefficient protection, against ten dozen of individuals, impregnated with effective malevolence in this shape, whether by inbred error, or by fraud and mendacity from without: in which case,—by resentment, produced by the conduct, real or supposed, justly or unjustly regarded as culpable on the part of this or that Minister,—the public treasure in this shape—the whole or any part of it—might be made a sacrifice.

Instructional. Ratiocinative.

Art. 47. Sole adequate as well as appropriate security in this case—a military guard. Minister, in this case, specially charged with the directive functions, and responsible for the exercise of it—the Preventive Service Minister.—Subordinates, draughted from the professional subordinates of the Army Minister. By the employment of non-military functionaries for the purpose,—for example, under the name of Watchmen or Porters,—appropriate aptitude would be lessened,—remuneration, the whole of it, expended in waste.

Instructional. Exemplificational.

Art. 48. Thus much, as to that which might have place—might, should, and everywhere, if the good of the whole community were the end aimed at, would have had, and have place. What can be more obvious? What more simple? What more effectual? What more easily effectible?

Look round now everywhere,—and everywhere behold what actually has place.

Turn first to Monarchy. Here, the all-determining principle is—that, as beasts in general are made for the use of men in general,—so, in each community are men—all of them but one—made for the use of that one: of this universal slave-holder, the duty (for he too has his duty) is—as in all other matters and on all other occasions, so in this matter and on this occasion—at every moment of time whatsoever, to do that which, at that same moment, is most agreeable to himself.

Of these two-legged beasts of draught and burthen, corresponding and proper state—that of slavery under that one: domestic slavery, did the nature of things admit of it: but, the nature of things not being thus tractable, then that which comes nearest to it,—to wit, political slavery.

Instructional.

Art. 49. Thus, as to all operations and all arrangements in general: this same all-comprehensive principle—apply it now to those arrangements in particular which apply to Architecture, and thence to the habitual official residence of the chief functionary, and his chief subordinates.

DEFENSIVE FORCE.

Preserved from all care about security against the ruling one, are the members of a community governed by a pure monarchy; for that which a man hath not, he cannot fear to lose.

Preserved from all care about security against the ruling few, in the same manner, are the members of a community governed by a pure aristocracy.

In none but a republic or a mixed government, therefore, can there be either security or care about security.

Section II.

Leading Principles.

Instructional.

Art. 13. In each of the two branches, so many of these desirable properties, so many principles. Under the head of each branch, follows a list of the properties, thence of the principles, belonging to it: the two lists being, for mutual illustration, placed column-wise, side by side.

I. Stipendiary Branch.		II. Radical Branch.
1.	External security maximizing.	1.	External security maximizing.
2.	Internal security maximizing.	2.	Internal security maximizing.
3.	Aptitude maximizing.	3.	Aptitude maximizing.
4.	Number minimizing.	4.	Number maximizing.
5.	Contentment maximizing.	5.	Contentment maximizing.
6.	Inequality minimizing.	6.	Inequality minimizing.
7.	Employment extending, or say diversifying.	7.	Inapplicable here.
8.	Time occupying.	8.	Inapplicable here.
9.	Expense minimizing.	9.	Expense minimizing.
10.	Preponderant detriment excluding.	10.	Preponderant detriment excluding.

Instructional.

Art. 14. In these lists will (it is believed) be found words indicative of all the several distinguishable properties which can be stated as being desirable ones: that is to say, as being contributory to the rendering the management of the branches of defensive force in question, conducive to their respective ends. But in the best form which could here be given to it, such is the imperfection of language, that antecedently to the conveying of any tolerably clear, correct, and comprehensive conception, some words of explanation it will be necessary to employ in regard to each.

Instructional.

Art. 15. I. & II. As to the security maximizing principles: external-security-maximizing, and internal-security-maximizing. To neither of the two branches (the stipendiary and the radical) of the Defensive Force establishment, could a title to the possession of the correspondent desirable properties be disallowed; for, in both instances, the propriety of the end in the character of a main end, and the necessity of rendering the means conducive to the attainment of that end, are alike unquestionable. But in the instance of the radical force, a particular import requires to be attached to it, over and above that which belongs to it in both instances. In both instances reference is made to an evil, against which, in the character of a source of evil, security requires to be provided: in both instances, this evil is composed of mischief in all imaginable shapes, considered as producible by foreigners acting in the character of enemies. But in the instance of the radical force, to this evil is added an evil of the same sort and extent, considered as producible by individuals belonging to the stipendiary force itself, acting in that same character; and against evil from this source, the only source of security is that which is afforded by the radical force.

Instructional.

Art. 16. Thus it is, that while the contributing to security in both its branches is a property common to both these branches of the National Defensive Force, in the instance of the stipendiary, the property of primary importance is that of affording security against danger from without: a property of but secondary importance is that of affording security against danger from within. In the instance of the radical force, the proportion is reversed. In this instance, the property of affording security against danger from without, is but of secondary importance: the property of affording security against danger from within—that is to say, from casual hostility on the part of the appointed guardians,—is the property of primary importance.

For the modes in which the stipendiary force may be rendered subservient to the purpose of internal security, see Section 18, Collateral employments, and Ch. xi. Ministers severally, Section 5, Preventive Service Minister.

Instructional.

Art. 17. III. Aptitude-maximizing principle. Of the property, or say quality, brought to view by this appellation, the subject-matters alluded to bear, (it may be observed,) in both instances, the same generic names, that is to say, persons and things: persons, constituting the personal stock of this compound branch of the official establishment; things, the material stock: of both these subject-matters explanation has been given in Ch. ix. Ministers collectively, Section 7, Statistic function. But, as in the two branches of the Defensive Force, compared the one with the other, the individuals respectively belonging to them are in every individual instance, different, so, to a considerable extent, will be the description of the properties belonging to them, or desirable in them, respectively, when considered in the aggregate.

Instructional.

Art. 18. After mention made of the property indicated by the word security-maximizing, mention of the property indicated by the word aptitude-maximizing, may seem superfluous. But that which the word security indicates is but the effect; nothing being brought by it to view in the character of a cause: whereas that which is brought to view by the word aptitude, is of that same effect the immediate cause.

3. Minimization of power and disposition, on the part of the government, to engage in offensive aggression against other states, and thence to involve this state in needless and internally pernicious warfare.

Instructional.

Art. 25. Rule 2. Maximize the radical force,—to wit, so far as is consistent with the non-employment of compulsory means for the formation or maintenance of it.

Ratiocinative.

Art. 26. Reasons for the maximization.

1. Maximization of security, and sense of security, against danger of insubordination and ascendancy on the part of the stipendiary force.

2. Giving increase to the chance and facility of affording, without expense of bounty or enlistment, or at less expense, as well as without compulsion, increase in case of need, to the stipendiary force.

Ratiocinative.

Art. 27. Reasons for the limitative proviso,—Evil effects the following:

1. On the part of the individuals to whom the compulsion is applied—the correspondent quantity of suffering.

2. Expense employed in the application of this compulsion:—the instrument which must have been employed in the application of it, if it be efficacious, being the appropriate and necessary portion of the stipendiary force: increase thence given to the quantity of this most expensive species of force, and thence to the expense of it.

3. A civil war thus raised, between one part of the people alone, on the one side, and one part of the people in conjunction with the stipendiary force, on the other side: thence, danger to the constitution, as per Art. 24.

4. If in any place, in any instance, compulsion employed on this occasion, by the civil power alone,—that is to say, by the small force habitually under the command of the judicial authorities,—has been efficacious,—it is because the degree of reluctance thus surmounted has, either in intensity or in extent not been very considerable.

Instructional.

Art. 33. A consideration obviously presented by the nature and use of the two branches of this service is—that in two cases, as compared the one with the other, the task of lessening the inequality will be a very different one. As, between commander and commander inequality increases, so of course will the magnitude and efficiency of the power of command: and the greater the inequality naturally attached to this entire system of factitious arrangements, the greater the difficulty of lessening it by any particular arrangement or arrangements, without producing preponderant evil by lessening the efficiency of the whole of that body of security, which it is the main object of this part of the establishment to provide.

Thus it is that, as with the security-maximizing antagonizes the contentment-maximizing principle, so in its own particular way does the inequality-maximizing principle.

Instructional.

Art. 34. Scarcely on any other account than that of the relation it bears to those other two principles respectively, has the inequality-minimizing principle, as applied to either branch, and in particular to the stipendiary, any claim to notice. But to put the system in possession of the correspondent desirable property, requires a distinct set of arrangements, and consequently, a distinct measure of attention, to prevent the minor from being swallowed up by the major object.

On this occasion, to secure efficiency to whatsoever means come to be employed, a particular degree of attention will be rendered needful by the opposing obstacles.

Instructional.

Art. 35. In the military branch of the public service it is, and more particularly in the stipendiary sub-branch, that the need of inequality is at its maximum. This being obvious to all eyes, hence the danger, lest, by the inconsiderate concurrence of the popular with the legal sanction, the inequality should be permitted to have place in excess. This tendency seems to be of the number of the most naturally powerful obstacles, with which on this occasion the guardian care of the legislator will have to contend.

Instructional.

Art. 36. VII. Employment-extending, or say diversifying principle: in the relation borne by this branch of the official establishment to the state of war—joined to the wide difference between a state of war and a state of peace—lies the cause of the demand which has place for the mention of this principle. In no one of the several other departments or subdepartments, is there any place for so sudden a variation as in these two subdepartments, in the quantity of the demand for appropriate official service: in time of war, never can the quantity of service capable of being rendered, be so much as equal to the quantity in demand: and by the indisputable and unchangeable nature of the service, it is rendered necessary, that of each man’s time the whole quantity should be at the absolute disposal of the directing functionary on the spot. For extra demands, provision by location of occasional deputies (a provision, in the civil branches of the service so easy and serviceable) is in this impossible. In this branch, in the time of peace, the number of functionaries being supposed the same as in war, the quantity of appropriate service demanded at their hands is, comparatively speaking, next to none. Here, there being a quantity of time left without appropriate employment, and in this sense in a state of vacuity, hereupon comes the question—in what way with most advantage to the general interest of the public, and to the particular interest of the class of functionaries in question—in what way, with most advantage to both these interests taken together, the vacancy may be filled?

Expositive.

Art. 37. VIII. Time-occupying principle. By the time here in question understand, in the case of each functionary, that portion of his time which is not occupied in the performance of his appropriate official service.

Generally speaking, it will only be this or that portion of this or that particular day: take, for the subject-matter of consideration, a series of days,—either uninterrupted or with interruptions,—and it may be considered as capable of being disposed of on the ground of the Collateral-employment principle, as to which see Section 18.

Expositive.

Art. 38. Scarcely in any other line of official service than the military, can any demand have place for the considerations which the mention of this principle is designed to bring to view. Nor, in the military line of service, does the demand apply to any other than the stipendiary branch. In the case of the radical branch, the greater part of each man’s time is employed in more uniformly necessary, or otherwise desirable, occupations. The superfluous part alone, if any, is that which, in that case, can be allotted to the occupation carried on by the performance of official service.

Expositive.

Art. 39. In speaking of the time-occupying principle, what is here assumed is, that on the day in question, by the operations strictly professional and exclusively appropriate, the whole of the disposable portion of the four-and-twenty hours will not be filled up. Remains, on this supposition, a quantity of time capable of being employed—with more or less advantage—to government, to the individual, to both, or to other purposes at large.

Instructional.

Art. 40. In relation to the application capable of being made of this principle, rules that present themselves as appropriate are the following:

1. Of the day of a functionary belonging to the stipendiary branch of the defensive force, leave not unemployed, on the account of government, any portion that can be so employed, consistently with his comfort and recreation.

2. In so far as consists with his comfort, give to his recreations all such shapes as promise to be in the highest practicable degree conducive to his appropriate aptitude, with relation to the service.

3. By recreations, understand on this occasion, such occupations, as, being conducive to present pleasure, are not detrimental to health, or in any other way to the aggregate interest of life.

4. Lest by the idea of obligation and coercion, an occupation which would otherwise be acceptable, should by the circumstance of its appearing to be prescribed by government, be rendered unacceptable,—let the choice of it, although antecedently made in a general way by the government, be on each individual occasion felt, and by each individual person understood, to be made by himself.

Instructional.

Art. 41. For this purpose, one course is the making provision of things, immoveable or moveable, adapted to the purpose of serving as instruments of the occupation in question, and placing them within his reach.

Instructional. Exemplificational.

Art. 42. Of things, by access to and use of which this purpose is capable of being served, examples are as follow:

I. For Active Occupation.

1. Ground, and appropriate furniture, adapted to the purpose of the various exercises styled gymnastic.

2. Waters, in which,—without annoyance to persons of the female sex in respect of decency,—swimming may be practised.

3. Covered places in which, and instruments by which, the exercise of fencing, broad-sword, quarter-staff, single-stick, wrestling, and other pastimes partaking of, or approaching to, the nature of military exercises, may be practised.

4. Various places, where pastimes of which balls, of one sort or other, are the principal instruments, may be partaken of.

II. For Sedentary Occupation.

5. Appropriate libraries, with their contents.

Instructional.

Art. 43. IX. Expense-minimizing principle.—Included, in this case too, is the assumption—that, for the purpose of security, external and internal, and thence of adequate appropriate aptitude and contentment, sufficient provision is made: and that, by no additional expenditure that could be bestowed on the service of any one of the departments in question, could any equivalent addition be made to the serviceableness of the whole.

Instructional.

Art. 44. For reduction, and thence for the minimization of expense in its several shapes, meaning always the balance on the side of expense,—the nature of things presents two different, and in form opposite, though in effect accordant modes: 1. Direct, to wit, by defalcation of what is needless; as to which, so far as regards the personal stock, see Section 10, Remuneration: 2. Indirect, to wit, by return in the shape of profit from the aggregate stock; as to which, see Section 18, Collateral employment.

Instructional.

Art. 45. X. Preponderant detriment-excluding principle.

This desirable property thus brought to view, with the correspondent principle, applies to the whole system taken together: and consequently to each of the several arrangements, made under the guidance of the above-mentioned principles. To be borne constantly in mind, and serve occasionally as a memento, is the use of this principle; and consequently the purpose for which the mention thus made of it is here made. Seldom will any special arrangement be anywhere suggested by it: seldom anything more than the cautions which are thus given,—in the first place, not to give existence to any arrangement, without the conception of a quantity of the matter of good in this or that specific shape, presenting itself as about to be produced by the arrangement;—in the next place, not to make any arrangement for the attainment of such good, without sufficient assurance that, by such arrangement, along with such good, evil preponderant over it in all elements of value taken together, propinquity and certainty not forgotten, will not be produced.

Instructional. Ratiocinative.

Art. 46. Uses of the exhibition thus made of these principles:

1. Assisting the conception and memory of the directing functionaries, employed in the business of this compound subdepartment; to wit, by keeping constantly under their eyes a representation, as clear, comprehensive, and correct as may be, of the subject-matters calling for their attention.

2. Assisting their judgment, by keeping at the same time under their eyes, the conflicting demands made upon them by the mutually-antagonizing principles on both sides: in such sort, that to each a due, and no more than a due, regard may be paid.

3. Assisting their invention, by putting it to them to consider, whether these are all the items that belong to the account: and if not, to add such as are wanting; allotting to them, for that purpose, their appropriate denominations, with any such explanations as the nature of the case may have suggested.

Section III.

Radicals, who.

Expositive.

Art. 1. Exceptions excepted, to the Radical branch of the Defensive Force will belong, at all times, all who, being apt with respect to the performance of the appropriate exercise, are willing to join therein; none who are not willing. Appropriate denomination, accordingly, volunteers.

Instructional.

Art. 2. To all such as, being, as above, apt, are at the same time willing, the government will be disposed to afford the necessary instruments of instruction; persons and things included.

Instructional. Expositive.

Art. 3. The appropriate personal instruments of instruction will be persons of the same class as those by whom the corresponding instruction is afforded in the stipendiary branch of the Defensive Force: say, for example, for the appropriate manipulations and evolutions upon the smallest scale, drill sergeants: for the appropriate evolutions upon the larger scale, superior officers: with or without appropriate habiliments, as per Section 5, Art. 11, No. 10.

Instructional. Expositive.

Art. 4. The appropriate material instruments of instruction will be the least expensive of those which will suffice for the exercises: for articles no otherwise employed than by being instantaneously consumed—powder and ball, for example—no absolute need will, for this species of service, have place.

Exemplificational.

Art. 5. Examples are—

1. Musquets, which, having been employed or destined to be employed in the stipendiary service, have been ascertained to be unserviceable, and accordingly condemned and eliminated.

Reason 2. Avoidance of the exclusion put upon those who are unable to afford the expense: the advantage thus given to the relatively opulent, at the charge of the relatively indigent.

Principle, the inequality-minimizing.

Expositive.

Art. 12. On this occasion, as on that of the demarcation of the territories of immediate judicatories,—by near neighbourhood understand a distance, not exceeding that which, by a person not incapacitated by special infirmity of mind or body, may be traversed to and fro on the same day, without need of sleeping away from home, leaving moreover an interval of time sufficient for the performance of the business in question, at the seat of business.

Ratiocinative.

Art. 13. Why, on this occasion, and for this purpose, cannot compulsion be advantageously employed?

Answer. Reasons.

1. For procuring for this service men in sufficient number,—compulsion (it is presumed) would not be needed.

2. Repugnant would the employment of compulsion be to the several principles following: that is to say: I. Aptitude-maximizing.—II. Number-minimizing.—III. Contentment-maximizing.—IV. Inequality-minimizing.—V. Expense-minimizing.

Ratiocinative.

Art. 14. I. Aptitude-maximizing. In this case, as in every other, the greater a man’s relish for the service, be it what it may, the greater, in so far as depends upon relish, will be the probability of his appropriate aptitude in relation to it,—the less, the less: his appropriate aptitude, that is to say, in every one of its branches—moral, cognitional, judicial, and active.

Thus far as to the aptitude of the several individuals, individually considered. Now as to aptitude on the part of the whole taken together. By the supposition, on the part of this branch, appropriate aptitude will not be upon a par with what it is in the case of the stipendiary branch: if it were, no adequate reason would there be why future and contingent should be purposely substituted to present serviceableness and actual service; that is to say, no adequate reason for affording facility, as above, to the keeping on foot of the Radical branch of the national force.

Ratiocinative.

Art. 15. II. Number-minimizing. To the number of the individuals of whom the aggregate of the defensive force would be composed, so far as compulsion were applied, here would be an addition made without any proportionable addition to the efficiency of that same force. Of this addition, the amount would be, the exact number of the individuals of whom the addition in question would be composed; and of these not one would be about to enter, or fit to enter, into the stipendiary branch; not one, in a word, fit for actual service.

Ratiocinative.

Art. 16. III. Contentment-maximizing. By compulsion, to the whole extent of its application, maximized would be—not contentment, but discontentment. On the part, of the whole difference between the number raised and kept on foot by compulsion, and the number that could be raised and kept on foot without it,—discontentment to a greater or less amount, would of course have place. So many as are the individuals thus engaged, so many individuals whose endeavours, instead of joining in the service, would be employed either in avoiding the being attached to it,—or, if attached, in deserting from it. For the consequence of such a state of things in respect of efficiency and expense, see below—Arts. 18, 19, 20.

Ratiocinative.

Art. 17. IV. Inequality-minimizing. Here, again, instead of minimization, comes maximization. A state of enjoyment, the state of a few: a state of sufferance and oppressedness, the state of the many. In this case, actual service is supposed. Payment for exemption constitutes another and a very different case. In the case of payment for exemption, the inequality is not altogether unsusceptible of measurement: completely unsusceptible it is in the case of actual forced service.

Ratiocinative.

Art. 18. V. Expense-minimizing. Here, either the number will be incomplete, and to the correspondent degree the design frustrated; or deserters, originally or subsequentially such, will be to be pursued and endeavoured to be caught. But, to the expense requisite for this purpose, no assignable bounds can be found. For each deserter, pursuers more than one will be to be employed: of the whole number pursued, only a portion will be caught: in so far as the endeavour to catch them is successful, then comes the expense of prosecution; and of the number of those prosecuted, only a portion will, in all probability, be convicted; and of that portion again, only a portion punished, and forcibly aggregated to the corps. Then again, on the part of those thus aggregated will naturally remain the most anxious desire and endeavour to desert anew: and so, toties quoties.

But, while a part more or less considerable, are being thus dealt with, the whole must, and at the expense of the public, be maintained. To serve in this, or any other capacity, every man who, from property of his own, or other sources, has not wherewithal to keep himself alive, must be kept alive at the expense of the public, or he dies. But, in the distribution of the matter of pay, to find out who can, and who cannot live without it, is not in this case practicable. Pay, if given to any, must then be given to all. To the expense of hunting and catching a part more or less considerable, is thus added the expense of keeping the whole; and, for the only actual service which is looked for at their hands, not one of them as yet so fit, or so much as expected to be so fit, as those actually belonging to the stipendiary branch, to which they are designedly kept from being aggregated.

Instructional. Ratiocinative.

Art. 19. Thus it is, that on willingness depend aptitude, contentment, equality, frugality—everything desirable. But willingness—on what does it depend? Answer: upon time and distance.

First, as to time. In vain would it be looked for, on the part of a man who, not having for his day’s subsistence anything but his day’s labour, is called upon to give it,—and without equivalent,—to poor and rich together. The day on which no man labours,—on which no man does anything for his subsistence,—this, if any, must then be the day, and the only day, on which a man who has no quantity of the means of subsistence in advance, can reasonably be expected to be found willing to take part in this, or any other kind of pastime. By this consideration, the possibility of obtaining men for this service without preponderant detriment, is confined to the day of general repose. Thus much as to time.

Instructional. Ratiocinative.

Art. 20. Now, as to distance. In vain would willingness be looked for, on the part of a day-labourer who, to bear his part in this pastime for a small part of a day,—even though it be, as above, the day of general repose,—would have to give up the whole remainder of that same day, with part of another, and the whole of the intervening night.

Thus it is, that the possibility of obtaining men for this service,—without preponderant detriment, as above,—seems confined to the site and near vicinity of towns of considerable magnitude.

Nor, to either party, need this limitation be, all things considered, a subject of regret. In town, as contrasted with the country,—in the seat of the densest, not in that of the thinnest population,—has the nature of man, in unison with the nature of things, placed the seat of the most intellectual public. What the town pays in labour, it thus gains in influence. What the country parts with in influence, it saves in labour; and it has been seen how vast the saving is.

Nor, by this division, is the population separated into castes, with permanently conflicting interests: town remaining always open to emigrants from country; country to emigrants from town.

Instructional. Exemplificational.

Art. 21. To an English or English-bred mind, the idea of an aggregate body, the individuals of which are brought together by compulsion, with a view to land-army service,—and which is distinguished from an army by its comparative unserviceableness for the purposes for which both are intended,—presents the word militia. As to the existence of this institution, in England, and in the Anglo-American United States, it is unquestionable. To find for it anything like a use, must be the work of imagination. Two, and no more than two, uses, does this instrument (it is believed) ever bring to mind.

1. Supposable Use the first. Nursery for the army: this phrase may serve to give expression to one.—2. Supposable Use the second. Protection against the army, and those who have the command of it: this phrase may serve for the other.

As to the benefit derivable from the keeping up, at all times,—by pay, and compulsion to boot, a large body of ineffective men, with no better prospect than that of a chance of being able, with, or though it were even without, compulsion, at one time or other, to aggregate a small portion of it to the effective army, instead of aggregating to that body, on each occasion, at the minimum of expense, the number actually wanted and no more,—this first imaginable use has just been held up to view.

Instructional.

Art. 22. Under the head of contentment-maximizing, the affliction attached to compulsory service, in this line, has been brought to view. To save from all such affliction themselves and their associates, it has, of course, been the effectual care of rulers to grant exemption from it to purchasers. Price for a temporary exemption, say (for example) as under English militia law, £10; of the persons on whom the obligation is imposed, some there will be, who, having for their all this same £10, purchase the exemption, pay for it such their all, and suffer accordingly: others who, if they had had the money, would gladly have paid it for the exemption; but not having the money, serve per force, and suffer accordingly still more than those from whom their all has, as above, been taken. Thus stands the matter at the bottom of the scale of opulence. Look now to the top.

Others there are, each of whom, having a million of pounds at command, pay the 100,000th part of their property, and suffer nothing. Between these two extremes rise, in the scale of inequality, as many degrees as there are farthings between the ten pounds and the million of pounds. Nor is this highest degree of inequality regarded as sufficient. For, at the top of the scale, persons there will be sure to be, and in considerable numbers, of whom such effectual care will have been taken, that they will have the benefit of the exception without paying so much as one farthing for it. Such, under matchless constitution, is the regard paid, on this occasion, to the inequality-minimizing principle.*

Instructional.

Art. 23. Remains, the protection imagined to be afforded or affordable by the militia against the army: against the army, and thence against those who have the command of this last-mentioned instrument, the force and formidableness of which are not open to dispute.

Instructional. Expositive. Exemplificational.

Art. 11. Of the armature classes at present in use, examples are the following:

I.

Infantry.

Serving by land on foot; armed with fire-arms and bayonets.—1. Infantry of the line; intended to act in close order, and for the most part in close combat (αγχιμαχεσθαι, cominus.)—2. Light infantry, or say Riflemen; destined to act by their dispersed force, and for the most part at a distance (eminus.)

II.

Cavalry.

I.—Serving on horseback.

1. Heavy Horse, or say in French Cavalerie d’élite. Frequently Cuirassiers.

2. Light Horse. Commonly Lancers.

3. Horse Artillery; including Rockets.† Horse artillery is virtually cavalry. All artillery used in the field, or to accompany troops in their movements, should be horse artillery. Any other is an impediment instead of aid.

II. Serving amphibiously on foot or horseback.

4. Dragoons. Often confounded with cavalry in general; but improperly. They should be able, when dismounted, to form a body of infantry for close attack. All great generals have known how to derive utility from a body of men on horseback, possessing the quality of fighting on foot. Obstacle; feudal and barbaric propensity to think service on foot less honourable.

5. Light Dragoons, or say Mounted Riflemen. Principally intended for the duty of outposts.

III.

Serving for defence or attack of fortified places.

1.	Military Engineers. }	All these ought to form but one corps, viz. the Foot Artillery.
2.	Artillery Men; including Rockets. † }
3.	Miners. }
4.	Sappers. }
5.	Military Artificers. }
6.	Pontooneers, (for making bridges by boats, and otherwise.) }

IV.

Art. 38. Under the English system, in the ordinary course of practice, location of officers, from the lowest grade of the erudite class upwards, having for its ultimate cause, in each instance, the act of the monarch, as evidenced by his signature, accompanied with appropriate counter-signature,—has for its intermediate cause, to a considerable extent, the payment of purchase-money to the use of an occupant of the grade in question, who, on receipt of the money, is by his own consent dislocated; in his room the purchaser being at the same time located. Qualification-proving examination, none. Diversified and tortuous in no small degree, would the course thus taken be, on inquiry, seen to be. For the efficient and final cause of these qualities, on this occasion as on others, recourse must be had to the aristocratico-monarchical form of the government. Main object, maximization of the quantity of the matter of prosperity and means of happiness, drawn, by the ruling one, and the subruling few, from the product of the labour of the labouring many; particular and subsequent objects (as per Ch. ix. Section 17, Located, how, Art. 44, &c.) on the occasion of this as of every other part of the official establishment, is maximization of expense, coupled with minimization of appropriate aptitude. As to the particular set of arrangements which in the present instance the pursuit of these objects has had for its result;—such is the diversification and perplexity which they exhibit, that the exposition of it would occupy a far greater quantity of space than can here be afforded. Suffice it to add—that in the maximization of the expense, care is taken that the most eligible lots shall be shared, in the largest proportion practicable, among the members of noble and other aristocratical families, for whose further accommodation the quantity of aptitude necessary to location (understand of aptitude in that shape in which it is the fruit of natural talent improved by labour) is minimized. As to this, see further Section 6, Promotion.

Instructional. Ratiocinative.

Art. 39. In any part of the above-mentioned arrangements is the saving of expense to Government among the objects? Plainly enough it may be seen, to how much greater an extent that object cannot but be attained by the union of the reductional with the emptional bidding (as per Ch. ix. Section 17, Art. 1 to 5) and the universality of its application to the lowest or original grade, beyond which it cannot be carried with preponderant advantage; as to which, see this Ch. Section 6, Promotion. Moreover,—to obviate the inaptitude producible by absolute deference to the joint result of the Qualification-competition and the pecuniary competition,—for this purpose, as in all the other subdepartments so in this, to an individually responsible functionary will the function of location be committed, to wit, to the minister of the subdepartment, after mention made of the cognizance taken by him of the respective results of these same competitions. And, once more, thus it is, that the union is endeavoured to be effected between maximization of appropriate aptitude, and minimization of expense.

Section V.

Term and Conditions of Service.

1. Age: Earliest, at which the enlistment of the individual shall have place.

2. Freedom: In what cases, if in any cases, the enlistment shall be compulsory.

3. Age: Latest, at which the individual shall continue on the list.

4. Reckoning from the day of enlistment, length of the time during which the individual shall stand engaged to serve: whether limited no otherwise than by the duration of his life and physical aptitude, or likewise by a certain number of years.

5. If by a certain number of years,—shall this his term of service, speaking in general language, be long or short?

6. The length of this term, shall it be subjected to any modification, in consideration of the age of the individual at the time of enlistment?

7. At its expiration, shall the term, in any and what circumstances, be renewable, at the will of the Government alone, or of the individual alone, or no otherwise than at the will of both conjointly: and, in the case of a fresh engagement, shall there be any and what variation in terms? and so in the case of each succeeding engagement.*

8. At the expiration of each such term of service, in the instance of each individual, in the case of any and what distance from his home, shall any and what provision be made for his conveyance thither? and, for this purpose, what place shall be considered as his home?

9. Remuneration—its amount: what, in the several branches, and grades in each branch, shall be the amount of it, in all shapes taken together.

10. Remuneration—its shapes: what part of it in the shape of the matter of subsistence,—food, drink, clothing, lodging, means of conveyance included: what part of it, and at what times delivered, in the shape of money or money’s worth, over and above the matter of subsistence, as above.

11. Remuneration: after the expiration of the term of service original, and in case of renewal or renewals subsequential, shall any and what such additional remuneration be given, in consideration of length of service, or length of life, or cessation or diminution of physical capacity of service?

12. Remuneration: in case of wounds curable or incurable received, or sickness contracted, in battle,—and accompanied, or not, by cessation or diminution of physical capacity for service,—shall any, and what additional remuneration be given on the ground of compensation?

13. Promotion—on what contingencies shall it depend?

14. Punishments—to what, and in what events respectively, shall the individual be subjectable;—and, in each event, in what shapes, other than those to which a non-military man is equally subjectable.

Instructional. Ratiocinative.

Art. 12. Note, that whatsoever expenditure may be necessary on the score of subsistence, scarcely any part of it can, with safety, be left to be defrayed by the individual himself, out of that which is allotted to him in the shape of money. Reason—Because the fluctuation which in his situation may have place, in respect of the relative value of money, may be such that, from the insufficiency of the supply in respect of this or that article of subsistence, unexpected hardship, to an unlimited degree, even to that of loss of life, will be liable to ensue. The degree in which such enhancement is capable of having place, will be susceptible of indefinite augmentation, by the scarcity liable to be produced in time of warfare, by the circumstances of time and place.

Instructional. Ratiocinative.

Art. 13. Reasons in favour of a long term, these:—for a long term, that is to say, for the longest term consistent with the individual’s continuance in a state of capacity for service, in respect of health and strength.

1. Generally speaking, with length of continuance in the service, will increase practice; and with practice, aptitude. Principle, the aptitude-maximizing.

2. Successive renewals may require correspondent bounties. Principle, the expense-minimizing.

Instructional. Ratiocinative.

Art. 14. Reasons against a long term, or say in favour of a short one, these.

1. In proportion as the individual is well treated, the service will, generally speaking, answer his expectation; and, supposing it to answer his expectation,—generally speaking, he will with satisfaction join in the renewal of the engagement. Principle, the contentment-maximizing.

2. In this case, the shorter the term, the stronger will be the motive, by which the government will be solicited to make provision for good treatment to this class of public functionaries: to make such provision, to wit, by appropriate enactments, followed by execution and effect uniformly given to them in practice. Principle, the contentment-maximizing.

3. As to expense. The better the treatment in other respects, the less will be the expense needed in the articles of subsistence and pecuniary pay. Principle, the expense-minimizing.

Instructional.

Art. 15. If a pension of retreat, fixed or dependent on pleasure, be included in the terms of the engagement, it may be made greater in case of a second engagement, still greater in case of a third, and so on.

Art. 4. To the Legislature it will belong to consider whether cases may have place, in which, on the occasion of a particular enterprise, the nature of the service may render it matter of indispensable necessity that the choice of some or all of those who command under him, should, by an appropriate power, be given to the functionary who, on that same occasion, commands in chief.

Instructional.

Art. 5. In such case, the result of such temporary location might be made to expire on a day mentioned, or at an individual point of time otherwise described; in either case, renewable from time to time, until the return of peace: on the day of expiration, the grades of the persons so located remain, or become, the same as they would have been under the seniority system, had no such temporary mutation taken place.

Ratiocinative.

Art. 6. Exceptions excepted as above, why, as an efficient cause of promotion, is length of service, or say, the seniority system, proposed to be established?

Art. 15. So far as regards the command in chief of a corps, appointed on this or that particular occasion, for this or that particular purpose, the following modes of proceeding present themselves as open to the choice of the Prime Minister, or of the highest commander on the spot.

1. Appointing to the command the senior of all the officers, not as yet employed. Principle, the contentment-maximizing.

2. Appointing to the command an officer who is the senior of all who are actually employed: his seniors in a number more or less considerable, remaining on this occasion unemployed,—in which case, though passed by, they are not, any of them, placed under the command of one over whom they had been in the habit or expectation of exercising command.

3. Openly placing the officer in question over the head of others, in number more or less considerable, as per Arts. 3, 4: they serving at the same time with and under him. Principle, the aptitude-maximizing.

4. Giving the appointment in form to the senior of the officers employed; but, by secret orders, requiring him to follow, on every occasion, the advice of a chosen officer, who for this purpose is required to be attendant on him at all times: seniors to this secret director serving in any number, in the same army, at the same time. Principles, 1. the aptitude-maximizing. 2. The contentment-maximizing. 3. The expense-minimizing.

Note in this case the antagonization between the two principles, the aptitude-maximizing and the expense-minimizing.

Instructional. Exemplificational.

Art. 16. In the English navy service, an occurrence not unfrequent has been—the appointment of an officer whose grade is not higher than that of captain, to the command of a squadron of considerable force, while other navy functionaries in great number, in the several superior grades comprised under the denomination of admirals, have remained unemployed. In the histories of the times, indication of occurrences of this sort may be seen, in the appellation of commodore given to the commanding officer in such cases.

Instructional. Exemplificational.

Art. 17. In that same branch, England affords an example of a practice not likely to be found carried to so great an extent, if at all, anywhere else. This is—for the purpose of accelerating the pace of promotion for the benefit of a particular individual, without infringement of the seniority system, and thence without producing in that part of the official establishment any discontent,—pushing up, before him, and for the purpose of coming at him, his seniors, whatsoever the number of them may be: individuals, to no one of whom, at so early a time, would promotion have been given otherwise. To give to one man, whose extra services, or perhaps whose services altogether, are not worth sixpence, from £100 a-year to £1000, ten times or twenty times the money is thus given to ten or twenty others, on no one of whom, but for the sake of this one, so much as a sixpence would at that time have been bestowed. So far as regards expense, this comes of the union assumed to be inseparable between increase of power and increase of pay: as to which see Section 10, Remuneration.

Thus it is that while, with the help of the half-pay-list, in the army there are commissioned officers enough of themselves to constitute a considerable army without the help of private soldiers,—in the navy there are commissioned officers, a large portion of them admirals, enough to man a frigate, if not a ship of the line, without the help of private sailors. In the English army-service commissioned officers in more number than, in the Anglo-American United States army-service, army stipendiaries of all ranks added together, commissioned officers, non-commissioned officers, and privates.

1. In their case, preferably if not exclusively, has place the faculty of affording indication of adequate aptitude or deficiency, by the process of which examination principally consists: that is to say, affording answers in compliance with questions.

Instructional. Ratiocinative.

Art. 25. After the first location, that is to say, on the occasion of promotion, the pecuniary competition will not, it is supposed, be employed. Reasons:

1. To the purpose of reduction of expense, it will not be necessary. Under the seniority system, the increase of remuneration, at the accession of each successive superior grade as often as it will occur, is foreseen, and will naturally produce its suitable and duly proportional effect. At what time each promotion may be expected, will be matter of calculation, grounded on a course of experience open to all eyes. Principle, the expense-minimizing.

2. On the other hand, suppose this sort of competition renewed on each occasion; or though it were but on a single occasion;—neither inconsiderable nor unobvious are the evil effects: and those in a great measure unavoidable.

3. By dint of opulence, a youth with little or no experience, and thence with the minimum of appropriate aptitude, might take the command from seniors, in whose instance aptitude had by experience been, by any number of degrees, raised above his. Principle concerned, the aptitude-maximizing.

4. By seniors, their juniors in unlimited numbers, over whom they had for any length of time been in the habit of exercising command, might be seen put over their heads, and to their mortification exercising command over them. Principle concerned, the contentment-maximizing.

Instructional.

Art. 26. The Legislature will determine, on what, if on any conditions, an officer having at his own instance or otherwise been eliminated out of the stipendiary service, may be relocated. On this occasion, regard will be had to any such service as may be capable of being rendered by a functionary of this class, by means of experience acquired in the meantime; either in the business of some other subdepartment, or in the service, military or non-military, of some other state. Principle, the aptitude-maximizing.

Instructional. Ratiocinative.

Art. 27. From privates, the faculty of receiving promotion for extraordinary service, will not it is supposed, be withholden. Principles, 1. Appropriate-aptitude maximized; 2. Contentment maximized; 3. Inequality minimized.

Instructional. Exemplificational.

Art. 28. Under the head of promotion, as well as under that of original location,—not inconsiderable is the instruction capable of being obtained from the observation of English practice.

1. On the occasion of original location,—in the Erudite grades, enormous, though scarcely with any approach to correctness ascertainable, is the waste committed by suffering to pass into private pockets the money which on this occasion might and ought to be made to find its way into the public purse. Great was the scandal, long and elaborate the judicial inquiry in consequence,—when, in the case of the late Duke of York, the discovery was made—that through that channel money was in the habit of finding its way into the pocket of the mistress of the Commander-in-chief. But instead of the feminine, suppose the pocket had been of the masculine gender: the evil to the service—would it have been less? In that case, the transition would have been at least as easy, and the eyes of the public not so open to the abuses capable of resulting from it.

Instructional. Exemplificational.

Art. 29. As to promotion, mark the regard shown to consistency. In the British service, the seniority system has place in the scientific armature classes, that is to say, the engineers and the artillery; and also in the marines.

In those other armature classes which, for distinction’s sake, may be termed the non-scientific,—comparatively rare are the instances, in which (not to speak of demonstrated meritorious service) promotion is obtained through seniority alone: efficient cause, purchase, favour, and parliamentary influence; all these if not in undistinguishable, at any rate in hitherto undistinguished, proportions.

Instructional. Ratiocinative. Exemplificational.

Art. 30. Note, that, in the case of the scientific armature classes, antecedently to location, examination has had place. Question: Why in these classes? Answer: Because the affording admission into these classes, without that same security for appropriate aptitude, would be too hazardous.

In the non-scientific classes, examination none. Why? Because military official situations are in so high a proportion the destined patrimony of the ruling few; and because, of every official situation, the value to the occupant is in the direct ratio of the remuneration attached to it, and in the inverse ratio of the labour necessary to the attainment of it. For this cause it is,—that of the official situations in which the degree of aptitude and quantity of labour necessary are minimized, the number is maximized.

Instructional. Exemplificational.

Art. 31. Turn now to the Anglo-American United States. In the Executive Department,—the utmost plenitude of useful power being, under a democratically chosen legislature, preserved from abuse, to wit, by the most efficient responsibility,—the business of military promotion is preserved at the same time from all perplexity. Seniority in service the general rule: in particular exigencies, by the act of an effectually-responsible functionary,—the President,—departure from it at any time; and this without discontentment, because without disappointment or surprise anywhere.* Principles, 1. the aptitude-maximizing; 2. the contentment-maximizing.

Instructional. Exemplificational.

Art. 32. Note, that though in this instance under a government on which the public eye is so universally and constantly upon the watch,—and under a government so long and completely settled—no such ill effects as those here in contemplation appear to have ever been experienced,—it follows not that, with equal security, or with any adequate degree of security, without some such restrictions as those here proposed, that same power could be intrusted in any hands in a newly-formed political state.

Instructional.

Art. 33. To the Legislature it may on this occasion be matter of consideration,—whether, as to power of giving promotion out of turn, as per Art. 3, there shall be any and what difference as between peace and war. In time of peace occasions will not, in regular course, be apt to occur for the manifestation of extraordinary merit by the performance of extra-meritorious service: but by internal commotion, or by collateral employment, as per Section 18, occasion may incidentally be produced.

Instructional. Expositive. Ratiocinative.

Art. 34. To the Legislature it may also be matter of consideration,—whether, in time of peace, without prejudice to permanent precedence, the power of command might not, in this or that part of the scale of grades, be made from time to time to change hands: in such sort that for example, as between second-lieutenant and first-lieutenant, he who the former year was second, should during the second year become first, he who was first descending and taking his place: and so upwards in other grades. By this means, on each such scale of grades, each functionary will acquire experience in the business of all the grades: and whatever degree of unpleasantness may stand attached to a state of unremitted and immutable subordination, may thus be diminished.

Principles, 1. the aptitude maximizing; 2. the contentment-maximizing; 3. the inequality-minimizing.

As to the proportion, between rise in grade and increase of pay, see Section 10, Remuneration.

Instructional.

Art. 35. For the consideration of the Legislature it will be, whether, in so far as promotion is determined, not by seniority in the establishment, but on the supposition of simply meritorious or extra-meritorious service,—the functionary or functionaries by whose immediate agency the location is in each instance determined, may not receive appropriate and useful information, from the opinions of such persons as, in virtue of their relative position, (relation had to the candidate in question,) will necessarily or at any rate naturally and ordinarily have possessed opportunities of forming a peculiarly well-grounded judgment as to his appropriate aptitude, in all points: always understanding that, by appropriate arrangements for the preservation of secrecy, effectual means are afforded for screening the votes from the action of corruptive influence.

Instructional.

Art. 36. Arrangements for this purpose suppose these:—

In the land-service, in each and every battalion or regiment, on the occasion of a vacancy in any one of the Erudite grades, the lowest being in the ordinary state of things the one first entered upon, collect, in the secret mode, the votes of the several individuals belonging to the ranks following: that is to say,—

1. The privates and non-commissioned officers belonging to that same battalion or regiment, by themselves.

2. The Erudites, belonging to that same battalion or regiment, by themselves.

Instructional. Ratiocinative.

Art. 37. This, for the information of the army minister and prime minister: to wit, on the principle of the qualification judicatory, applied, (as per Ch. ix. Ministers collectively, Section 16, Locable who,) with few or no exceptions, to all subdepartments of the administration department in general.

Instructional.

Art. 38. The number of the votes for the respective candidates being thus made completely known,—let the right and duty of recommendation, or say provisional choice, be, in the case of land-service in the hands of the army minister; or in the case of sea-service, in those of the navy minister: the ultimate choice in those of the prime minister: he taking either the individual so recommended, or any other, who, in his declared opinion is in a still higher degree possessed of the appropriate aptitude.

Instructional.

Art. 39. Antecedently to the collection of the votes as above,—a time will have been allowed, within which every candidate will have been at liberty to make known, by appropriate publication, any special instance of extra-meritorious service, or other grounds, if any, for promotion, which it has happened to him to have exhibited.

Ratiocinative.

Art. 40. Why, on this occasion, collect the votes of the privates?

Answer. Reasons. 1. That, in relation to appropriate aptitude in all points, the benefit may be taken of the opinion of all men so situated as that among them will, generally speaking, have been individuals to the greatest extent possible percipient witnesses of his conduct, in relation to those same points of aptitude. Principle, the aptitude-maximizing.

2. That, in the contemplation of the influence with which the state of these votations will naturally operate on the minds of the locating functionaries,—to wit, the army and navy ministers, and the prime minister,—the Erudite officers of all grades may find an adequate motive and inducement to conduct themselves with effective benevolence, in relation to those their subordinates. Principle, the contentment-maximizing.

Ratiocinative.

Art. 41. Why not render the aggregate of the opinions and wishes of these same percipient witnesses decisive?

Answer. Reasons. 1. Presumable comparative deficiency in respect of appropriate moral aptitude. The self-regarding interest which each individual has in his own comfort, being generally a stronger motive than sympathy for the public service: hence the danger lest a candidate, whose chief qualification consists in the favour shown by him to these same self-regarding interests, will be voted for in preference to those, whose qualifications are in a superior degree conducive to the welfare of the public service.

True it is, that at and during the time of actual service, on the degree of appropriate aptitude on all points on the part of officers will, throughout, depend in a more or less considerable degree the personal security of all ranks, that of private included. But the motive derived from this source is confined in its operation to the consideration of the conduct of the persons in question during that comparatively short portion of time; whereas the motive derived from the consideration of the dependence of the personal comfort of the subordinate on the conduct of the superordinate in relation to him, applies to the whole of the time during which such their relation to one another continues.

2. Presumable comparative deficiency in respect of appropriate intellectual aptitude. In each armature class, the greater the quantity of time labour and natural talent requisite to put a man in possession of the requisite degree of appropriate intellectual aptitude with relation to the service of that class,—the less, on the part of the privates, (understand such as have not been subjected to the test afforded by examination, before the General Qualification Judicatory, as per Ch. ix. Section 16,) will be their aptitude with relation to the forming a well-grounded opinion of appropriate aptitude in all its elements taken together, on the part of candidates.

Ratiocinative. Exemplificational.

Art. 42. In the early days of the revolution which gave birth to the Anglo-American United States, the officers elected were (it is said) in considerable and even principal proportions, those who engaged to put their pay into a purse common to them and the privates, and thereupon eat their meals with them in a common mess.

Instructional. Ratiocinative.

Art. 43. As to the collection of the votes as above,—for the consideration of the legislator it will be, in what divisions, or say groupes, the votes of the privates shall be received, as above: that is to say, whether the only aggregate shall be that of the votes of those belonging to the individual grades next below that in which the vacancy has place,—or that of the votes belonging to that same grade throughout the whole of the battalion or regiment: or whether the votes shall be collected in both these modes: the particular object, or say end in view, being in both cases the obtaining the votes of those who, in the quality of percipient witnesses, have possessed the best opportunities of obtaining perception of the several relative facts, and of those who have been best qualified for forming a correct judgment on the ground of those same facts.

Instructional. Ratiocinative.

Art. 44. On this combined plan, provision is made for the maximum of appropriate aptitude in all points taken together, without sacrificing aptitude in any point to aptitude in any other. For, to the purpose of affording, in their maximum of strength, those motives, or say inducements, by which the commanding as well as obeying ranks, to wit, the Erudite and the non-commissioned officers, are urged to have regard for the comfort of the purely obedient rank, it is not necessary that the votes of subordinates of the lowest rank, should be decisive: sufficient is the assurance that they will be taken into consideration, and, with more or less influence, operate on the minds of those to whom it belongs to decide.

Instructional.

Art. 45. In making their choice, while having before them the results of the several relations as above,—the army minister, navy minister, and prime minister respectively, will not forget to have regard to the advantage attached to the observance of the seniority system: they will accordingly take this as the generally and primâ facie operative guide to their choice: not departing from the line of conduct indicated by it, otherwise than for some special reason assignable, and accordingly assigned.

Exemplificational.

Art. 46. Such being the ends in view, which, in the Defensive Force subdepartments should, in relation to promotion, under and according to the greatest happiness principle, be the objects of pursuit, turn now to the objects which, under matchless constitution, are actually pursued.

Section VII.

Discipline Established.

Instructional. Ratiocinative.

Art. 1. Of military discipline, the objects are these:—

1. The good of the service: that is to say, making the species of force in question, on each occasion, effectual to the purpose of national defence; and, to this purpose, securing to superordinates obedience at the hands of subordinates.

Art. 12. In no case will this regard fail to be bestowed on the difference between time of actual or immediately-impending war on the one hand, and time of undisturbed peace on the other; and the nature of the arrangements respectively best adapted to states of things so opposite.

Section VIII.

Oppression obviated.

Instructional. Ratiocinative.

Art. 1. Against oppression in every shape, in this line of service as in every other, the most extensively applicable, and efficaciously preventitive,—in some cases even satisfactive, and in all cases the mildest remedy—is publicity. By it evidence, and thereby efficiency, is given to the judicial authority, and at the same time to the authority of the public-opinion tribunal.

Enactive. Instructional.

Art. 2. 1. Military Register. In every regiment, or other such military corps, will be kept a military register. Whether for the performance of the service attached to this office, a separate functionary not invested with any other shall be provided,—or whether the duties of this and some other office shall be executed by the same person,—the Legislature will determine.

Instructional.

Art. 3. In determining the matter of such register, and the functions and duties of the registrar, the Legislature will have regard to the functions and duties allotted to the office of registrar of an immediate judicatory, as per Ch. xii. Judiciary collectively; Section 14, Publicity, recordation, publication; Section 15, Secret intercourse obviated; Section 16, Partiality obviated; Section 17, Migration; Section 18, Incidental Complaint Book; and Ch. xxi. Immediate and Appellate Registrars.

Instructional.

Art. 4. In this register will be divers books.

Enactive. Expositive.

Art. 5. Book I. Punishment Book. In it, entry will be made of every act by which on any person belonging to the corps in question punishment has been inflicted.

Ratiocinative.

Art. 6. Good effects for production of which it is instituted, three:

1. By apt notification, the preventive influence of the punishment is maximized.

2. In case of altogether ungrounded, or over severe punishment, the persons concerned in the infliction of it are made responsible; compensationally, punitionally, or reputationally only, according to the nature of the case.

3. As far as may be, by the apprehension of such responsibility, such inflictions are prevented, and the number of them is minimized.

Instructional.

Art. 7. In prescribing heads under which matter shall be entered in the military punishment book, the Legislature will have regard to the heads prescribed for matter belonging to penal suits as per Procedure Code.

Instructional. Expositive.

Art. 8. Examples of these heads are the following:—

1. The offence, what.

2. Article offended against, what.

3. The offence when committed.

4. Offender or offenders, who.

5. Time when committed, year, month, day, hour, in so far as known.

6. Time as above, when information was first given.

7. Sufferers, actual or eventual, by the wrong, who; for example, 1. the public, in respect of the service; 2. A military functionary in the rank of private; 3. If an officer, of what grade; 4. An individual or individuals at large.

8. Judge or Judges to whom information was first given, who.

9. Witness or witnesses, who: to wit, 1. for the pursuer’s side: 2. for the defender’s side.

10. Witness or witnesses, by whom respectively called, or whether spontaneous, simply informative (as per Procedure Code, Ch. viii. Judicial Application, vol. ii. p. 33,) included.

11. Day or days of hearing; if any other than that on which the information was first given.

12. Sentence, what: to wit, the terms of it.

13. Sentence, by whom pronounced.

2. Evil the second. Persons necessary to concur in the exercise of the power, are two or more. Beneficial consequence, the danger of suppression diminished: per contrà, a quantity of naturally producible delay, in length proportioned to the number of these same persons, indefinitely increased. By the simple negative act of not choosing to act in conjunction with the rest, by each one might be exercised the faculty of producing delay to an indefinite extent: to an extent, by which, in many cases, the design of the information might be frustrated.

Art. 34. In this case as in others, complaint may have had for its object—either the system, that is to say the state of the law and official practice,—or the conduct of some determinate individual or individuals under it. When it is the system, the act of complaint will be an exercise given to the melioration-suggestive function, as per Ch. v. Constitutive, Section 5, Functions. Art. 4. Where it is the individual,—under a Code such as the present, the delivery of an instrument of complaint, as per Art. 15, will constitute the first step in a judicial inquiry.

For the experience had of the salutary effect produced in Military Judicature by the institution of appropriate publicity, see Section 13, Military Judicature.

Instructional.

Art. 35. An arrangement by which the danger of ulterior oppression in revenge for, or in consequence of complaint, may be lessened, is transference of a complainant from the corps in question to some other. But on this occasion, care will require to be taken,—on the one hand, lest, under the notion of relief, oppression in another shape be exercised; to wit, by transference of the complainant to a corps to which he is averse: on the other hand, lest, for the purpose of obtaining such transference, a groundless or frivolous complaint be instituted.

Section IX.

Minor Delinquency checked.

Enactive. Ratiocinative.

Art. 1. Minor Delinquency Book. Cases may present themselves, in which, as a check to delinquency, divulgation, more or less extensive, or simple recordation, may operate, with sufficient efficacy, without being accompanied with ulterior infliction in the name of punishment. To this purpose an appropriate register, by the name of the Minor Delinquency Book, is allotted.

Enactive. Expositive.

Art. 2. To this register may be consigned, amongst others, cases of vexation, mental or even corporal, arising out of disagreements between individual and individual, and in particular between private and private.

Enactive. Instructional.

Art. 3. For heads under which recordation of these cases may be made, see Section 8, Oppression obviated, and Ch. ix. Ministers collectively, Section 21, Oppression obviated.

Instructional.

Art. 4. Classes between which disagreement may happen to have place, and, in regard to which, the distinction between class and class may call for observation, are the following:

1. Private and private.

2. Private and officer.

3. Officer and officer.

4. Private and non-military; or complaint from non-military.

5. Officer and non-military; or complaint from non-military: as per Section 8, Oppression obviated, Art. 20.

Instructional.

Art. 5. For disagreement under the above several modifications,—in place of punishment, a more surely efficacious, and frequently upon the whole a more apt remedy may be, with or without registration as above, the transference of one or more of the disagreeing parties, they being military functionaries respectively, from corps to corps, or from place to place, as per Section 8, Oppression obviated, Art. 35. As to this matter, see Section 13, Military Judicature.

Section X.

Remuneration.

Instructional.

Art. 1. Under this head, subject-matters calling for the consideration of the Legislature, will be found the following:

1. Quantum of the matter of remuneration, how to adjust it: in the first place in the rank of private, in each branch, and in each armature class.

2. Shape and shapes, what the most proper to be, in different cases, given to that same quantum, the functionary being in a state completely fit for service.

3. Invalidship: in regard to quantum and shape, what the course most proper to be taken, in case of a deficiency, more or less considerable, in respect of fitness for service.

4. For extra service, if in any, in what shape shall extra-remuneration be allowed or allowable.

5. Smart money—on what, if on any occasions,—in what shape or shapes,—shall extra-remuneration be given for extra bodily sufferance, produced in and by performance of the service.

6. Branches of service, armature classes, ranks: diversifications springing from these sources—how far shall they serve as grounds for correspondent diversification in respect of the quantum or the shape of the remuneration?

7. Extravasational remuneration—in what, if in any cases, shall application be made of it to Defensive Force service.

8. Pecuniary competition—in the adjustment of remuneration, shall any and what application be made of it in Defensive Force service?

Instructional.

Art. 2. Circumstances on which the quantum of the matter of remuneration necessary in the shape of pay will necessarily be dependent, are the following:

1. Desirableness of the condition of the functionary, as to matters independent of the treatment bestowed upon him by his superordinates individually considered: to wit, state of the laws in this behalf, and of the official establishment.

2. Desirableness of it in respect of the treatment bestowed upon them by these same superordinates.

3. Condition of the people at large at the time of enlistment. The worse their condition, the greater in respect of intensity and extent will of course be their desire and disposition to enlist.

Instructional.

Art. 3. The effective, or say net desirableness of his condition will be—the difference produced on the side of desirableness, by the causes of undesirableness on the one side, and those of desirableness on the other.

Instructional.

Art. 4. Causes of undesirableness, the several peculiar hardships, to which by this his occupation the functionary stands exposed. These, if the treatment be such as it ought to be and may be, will be most peculiar to a time of war. Suppose no war to have place during his continuance in the service, the aggregate of them will be equal to 0.

Instructional.

Art. 5. Of the causes of comparative desirableness, examples are the following. For the production of them, the lowest rate of remuneration ever exemplified in practice will be seen to be sufficient, provided it be promptly and invariably afforded.

1. Security in respect of subsistence, over and above that possessed by the labouring and non-military classes.

2. Clothing, greatly and constantly superior in comfortableness and appearance.

3. Security against the diminution of the means of external comfort in general, which the labouring classes stand constantly exposed to, by the constantly growing excess of population over the means of subsistence.

4. Exclusive possession of the factitious dignity inseparably attached to the denomination of soldier, and to his appearance in respect of habiliments and armature.*

Ratiocinative.

Art. 21. Reasons in favour of such provision in the case of superannuation, are the following:

1. In a non-military state, the man might, to an extent more or less considerable, have possessed the faculty of making provision for this contingency by frugality and good economy: in the military service, of this there is hardly any chance.

2. In a non-military state, by passing his life in the bosom of his family connexions, he would have possessed the opportunity of engaging their affections in his favour, and finding in those affections the means of subsistence: in his military state he will, unless by accident, be cut off from this resource.

3. By these considerations—if for this contingency provision was not made by Government by the terms of the engagement,—men who were governed by prudential considerations,—and who, as such, would, in this as in any other situation, afford correspondent promise of good conduct,—might be deterred from entering into the service. Principle concerned, the aptitude-maximizing.

4. From the withholding of this provision, the sufferings inseparable from the decline of life in every situation would be aggravated; and between men at that time of life, and men at earlier periods of life, the inequality increased. Principle concerned, the inequality-minimizing.

5. Altogether different is the ground of demand in this case from what it is in the case of pensions for relatives: as to which, see Ch. ix. Ministers collectively, Section 15, Remuneration, Art. 46, p. 270.

Instructional.

Art. 22. On the occasion and for the purpose of invalidship—in the instance of each individual, care will require to be taken, by appropriate inspection and examination, to take advantage of whatever mode and degree of incomplete aptitude may have been left to him, with relation to collateral employments, suited to his particular case: collateral, that is to say, with reference to actual combat, and those manipulations, evolutions, marchings, and other modes of self-conveyance, which are preparatory to actual combat.

Instructional.

Art. 23. Of incompleteness in respect of appropriate aptitude, with reference to Defensive Force service, the efficient cause will be—absence or deficiency in respect of some one or more of those qualities, the possession and manifestation of which are necessary to the apt performance of the several operations in Art. 24 mentioned.

Instructional.

Art. 24. Qualities requisite and desirable in Defensive Force service, and more especially in the ungraded, or say the purely obedient ranks, may be thus enumerated.

I. On the part of each individual,

1. Intrepidity.

2. Exactness in obedience.

3. Promptitude in obedience.

4. Vigilance.

5. Hardiness, that is to say power, accompanied with will, to endure appropriate hardship in every shape.

6. Activity (appropriate) including appropriate dexterity, or say adroitness in the several manipulations and evolutions.

II. On the part of numbers, acting conjunctly in the same place, at the same time.

7. Simultaneity, or say, simultaneousness of motion.

Instructional.

Art. 25. In case of invalidship, as per Art. 22, the legislator will consider and determine, in relation to what invalidship-employments, military and non-military together, Defensive Force functionaries will remain apt and applicable,—after and notwithstanding deterioration of aptitude, by loss of substance or use of various limbs or organs.

Examples are as follow:

Limbs or Organs lost or disabled.		Employments, aptitude for which may be remaining notwithstanding.
1.	One eye.	1.	Serving in a garrison.
		2.	Serving as a guard to the exterior of any public edifice.
		3.	Serving as a guard in the interior of any public edifice: in particular, in a museum of any kind, to preserve the articles from theft and active destruction or deterioration.
2.	One hand or arm lost or rendered motionless.	4.	Serving as per No. 3 above.
3.	One foot or leg lost or rendered motionless.	5.	Serving as per No. 3 above.
4.	One hand or arm, and likewise one foot or leg, lost or rendered motionless.	6.	Serving as per No. 3 above.
5.	Both hands or arms, or both feet or legs, lost or rendered motionless.

Instructional. Exemplificational.

Art. 26. Of collateral employments that present themselves as suitable to the above cases of invalidship, or some of them, examples are the following:

1. Training recruits.

2. Garrison service, as above.

3. Service as exterior local guards, as above: guards (where marching, or considerable locomotion, is not necessary) for the protection of the exterior of Government or other public edifices.

4. Service as interior local guards, as above: guards placed in the interior of public edifices, such as theatres, and the several apartments in public libraries and museums of all sorts.

5. Operating in private manufacturing, and other profitable establishments conducted on a large scale: Government contributing what addition shall in the case of each individual have been found necessary, where the manufacture could not, consistently with its profit, afford pay to an amount sufficient for his subsistence.

Instructional. Ratiocinative.

Art. 27. To the Erudite grades, scarcely does any such invalidship-provision,—except in the case of wounds received, or loss of the substance or use of a bodily organ, such loss being caused by actual service,—present itself as applicable.

Reasons:

1. In that rank in life, due regard to such contingencies may reasonably be expected to be had, on the occasion of the pecuniary competition.

2. Unsuitable to such their condition may be thought to be the being subjected to examination by authority, and the having their infirmities scrutinized into, for the purpose of their being distributed, as per Art. 25, among collateral employments.

Instructional.

Art. 28. In respect of making provision for a man’s subsistence,—suppose it determined that, by reason of invalidship, he is no longer in a state of complete aptitude for appropriate service, as above,—three options will call for the determination of the Legislature.

1. Retaining him on the list and aggregating him to some determinate corps, with his pay in the whole or in part continued to him, and with employments one or more assigned to him, in quality of invalidship-employments.

2. Discharging him from the service, but continuing to him, in whole or in part, his pay down to the time of his decease.

3. Discharging him from the service without pay at the expense of the public, or means of subsistence in any shape.

Instructional.

Art. 29. That in whatsoever service exercised, some employment,—profit-seeking employment,—so it be not accompanied with unwillingness,—is more conducive not only to good economy but to individual comfort than idleness is,—seems almost too obvious, as well as indisputable, to be worth mentioning. But what may be worth mentioning is, that it consists not either with good economy or with comfort, to keep in a state in which he is incapable of earning anything towards his own subsistence, any man for whom profit-yielding employment could be provided, either by those at whose expense he is so kept, or by any other employer.

Thus much as to what ought to be done. Principles concerned, 1. the contentment-maximizing: 2. the expense-minimizing.

Instructional. Exemplificational.

Art. 30. Now, as to what has been commonly done. To provide invalidship-employment in the above or any other shape, is a task requiring more attention than, under any form of government, has as yet been felt necessary, and accordingly paid by rulers, either to the financial interests of the whole community, or to the comfort of this class of the individuals over whom they rule. Whatever is given,—the course has been, to give it at this stage of life gratis: that is to say, without requiring service rendered to any person in any shape in return for it. Modes in which such gratuitous provision has been made, two: one, the granting to each of the individuals in question an annuity, styled a pension, in the shape of money; another, the keeping them congregated in large bodies, in one edifice, in such manner as would be necessary, supposing them in such sort sick as to be unable to stir out of it. Hospital being the appellative applied to designate an edifice provided for the reception and curation of the sick, Hospital has been the term applied to designate an edifice for the class of individuals in question sick or not sick.

Instructional. Ratiocinative.

Art. 31. By every principle that has any application to the case, this aggregate mode of provision stands condemned. Principles, 1. the contentment-maximizing; 2. the inequality-minimizing; 3. the expense-minimizing.

1. Instead of being at liberty to choose the place most agreeable to him, and in it the society most agreeable to him,—every man so provided for is forced into a place, and kept in a society, both of which may, to any degree, be disagreeable to him; so likewise to those into whose society he is forced. So much for the contentment-maximizing principle.

2. To some of these men the place and society may to any degree be agreeable; to others, in any degree disagreeable. So much for the inequality-minimizing principle.

3. In every instance in which this Hospital mode of making provision for the superannuated or otherwise relatively unapt Defensive Force functionary has been in use,—the expense per head has, in an enormous degree, been found to exceed the expense at which, with the same degree of comfort, the individual might have been maintained, and indeed, in other instances, actually was maintained, at the expense of the same Government, in a state of liberty. So much for the expense-minimizing principle.

Instructional.

Art. 32. In every instance, regard for the interest of this portion of the subject many, has been the pretence: in every instance, regard for the interest of the ruling one and the sub-ruling few, has been either the sole, or at least the predominant cause. To the sub-ruling few, pleasure from the gratification of the correspondent taste, with praise for the goodness of that taste; and (in the shape of highly-endowed official situations in the establishment, together with the correspondent patronage) pickings out of the expense. To the ruling one, the patronage paramount, together with correspondent honour and glory, and reputation of effective benevolence. Ask, on this occasion, among all those the regard for whose interest is the assigned cause of all this addition to the expense, what is the proportionate number of those to whom a share in these pleasures, or in any of them, descends.

Instructional. Exemplificational.

Art. 33. In England, at an expense per head some number of times as great as that which is necessary to the same degree of comfort in a state of liberty,—two of these Hospital-Prisons, or say Prison-Hospitals, have for many years been kept on foot: For Army functionaries, Chelsea Hospital; for Navy functionaries, Greenwich Hospital.

In France, the practice was engendered by the ostentation of the longest-reigned of all weak-minded despots and tyrants. Witness the Hôpital des Invalides.

Once at least, if not oftener, has this topic been brought before the English House of Commons; with what fruit, Chelsea and Greenwich still declare.

Art. 39. Of warfare casualties, examples are the following:—

1. Loss of the substance of a limb or other bodily organ: eyes, for example, one or both; other organs should be distinctly specified, for the purpose of exclusion or admission.

2. Loss of the use of limb or organ.

3. Loss, complete, of aptitude for service; by loss of general health.

4. Wounds and diseases not productive of loss—complete or comparative, of aptitude; yet incurable.

5. Wounds and diseases curable.

Principle concerned, the aptitude-maximizing: resolution to encounter death and wounds without flinching, being in this function the characteristic feature of appropriate moral and active aptitude.

Instructional.

Art. 40. Of such compensation, appropriate shape—1. for casualties of the incurable class, Pension for life: 2. for those of the curable class, a sum once paid.

In the case of those of the incurable class, for means of further provision, see the Articles relative to invalidship: Art. 20 to 34.

Instructional. Ratiocinative.

Art. 41. In any rank above the lowest, the Legislature will consider and determine, whether to every or any remuneration in the shape of grade and power, any and what addition shall be made in the shape of pay.

Reasons against such addition, these:

1. Grades rising one above another in such manner as is customary, are necessitated by the very nature of the service.

2. By every promotion, addition is accordingly, in the very nature of the case, made to power and dignity.

3. But, by addition of reward in one shape, it seems not easy, if possible, to say why a demand should be produced for addition in any other shape;—why money should be necessary to induce men to accept of addition to power and dignity. Subtraction of money would, if any, seem the more needful and reasonable change.

4. In this as in other cases, the less the reward looked to, the greater the relish for the service, and thence, so far the aptitude, probabilized.

5. Immense is necessarily the waste—where, while promotion follows seniority, additions to pay accompany it through a line of grades. To come at one individual,—recommended for promotion, by which soever consideration, merit or favour,—the correspondent pay is given to all his seniors, in a number to which there are no limits. See Section 6, Promotion.

6. If pay is thus made to receive additions corresponding to lengths of service, additions over and above the necessary additions made to power and dignity,—still greater should be the demand for it in the case of the private, if by him no such additions to power and dignity are received. Principle, the expense-minimizing.

Instructional.

Art. 42. True it is—that, under the pecuniary competition,—which (as per Section 4, Stipendiaries, who; Art. 34) will have had place on the first location,—any addition to pay, by whatsoever cause about to be effected, whether this or any other, will have been taken into account. But a benefit thus contingent and remote, seems more likely to be under-valued than over-valued; and the more it is under-valued, the less, under the pecuniary competition, will be the sum bid for it; the greater therefore upon the whole the expense to the public.

Ratiocinative.

Art. 43. Reasons in favour of such additions, these:

Art. 49. Officers. II. Messing. Circumstances of country and time allowed for,—to the constituted authorities it will belong to consider and determine—whether in any and what respect the amount of the expense bestowed among officers when messing together, shall be taken for the subject-matter of regulation. On the one hand, retrenchment thereby unavoidably made on liberty, may, on that part, operate as a cause of discontentment. On the other hand, if the fixation be left to individuals,—especially to individuals in higher and better paid grades,—the power of determining the question of the expense may operate as an instrument of oppression at the charge of the less opulent in the hands of the more opulent. Principle, the contentment-maximizing.

Instructional.

Art. 50. The number of officers in a grade being less and less as the grade is higher and higher, two expedients are thus presented by the nature of the case, as capable of obviating oppression in this shape.

1. Diet being the same,—the price paid may rise in proportion to the pay attached to the several grades.

2. The fixation of the price may be peformed by votes: in which case it will be in the power of the lowest paid to prevent the price from being oppressive to themselves.

Instructional.

Art. 51. Note, that without the latter expedient, the former would not suffice. For still, a superordinate, in whose instance the amount of private income bore a large proportion to the official income, might, for increase of luxuriousness, set the expense,—though in this case at his own charge,—at a mark, at which the amount of it might be oppressive to the lower paid subordinates.

Instructional.

Art. 52. Note, that for the purpose of more luxurious living than the mess afforded, the more opulent might be disposed to absent themselves from it: thereby leaving the less opulent, as it were, in a state of degradation. But if each of them were at all times obliged to pay alike, whether present or absent,—the degradation is not so marked, as not to be capable of receiving an adequate compensation from the improvement in the diet.

Instructional. Ratiocinative.

Art. 53. The Legislature will judge whether, in case of the death of the functionary from wounds received in actual service, provision in any and what shape shall be made for any of his genealogical relatives; and if yes, in what mode of relationship.

Altogether different is the footing on which the demand for post-obituary provision stands in the case of this particular official situation, from that on which it stands in the case of official situations in general, as per Ch. ix. Section 15, Remuneration, Arts. 46, 47. In that general case, the provision operates as a bounty on increase of population simply: in this case, if, on the one hand, it operates as a bounty on population, on the other hand it operates as a bounty upon courage: it counteracts the bounty which nature gives upon cowardice. To this purpose, see what regards smart-money, as per Art. 38. Principles, 1. the external-security-maximizing; 2. the aptitude-maximizing.

Exemplificational. Instructional.

Art. 54. Accordant with the principle here referred to is that, by which, as to this matter, conduct appears to have been determined in the Anglo-American United States. Witness, Acts of Congress—Act of March 16, 1802: applying to smart-money, as above, and extravasational remuneration taken together.

I.

Of right to compensation.

Efficient cause—I. Disability by wounds, or otherwise “while in the line of his (the functionary’s) duty in public service.” Compensatee, or say receiver of the compensation money, the functionary so disabled.

Efficient cause—II. death “by wound received in actual service.” Compensatee in this case—

1. The “widow,” if any.

2. If no widow, “child, or the children conjointly; that is to say, if respectively,” under sixteen years of age. Quantum—for five years, half the monthly pay the deceased was entitled to at the time of his death.*

In the case of disablement, to the President for the time being, power given, for adjusting the allowance.

In the case of death, no such power. Instead of a power so given, fixation made by the Legislature itself.

Exemplificational. Ratiocinative.

Art. 55. According to appearance, the rational cause of the distinction is this. In the case of death, the alleged efficient cause of the right is an invariable quantity, and the existence of it a matter out of dispute: not so in the case of disablement.

Instructional. Ratiocinative.

Art. 56. Neither on this any more than any other occasion, should be out of sight, so much as for a moment, the incontrovertible rule—That the sole proper quantum of reward in all shapes at public expense, is the least that any equally apt person will consent to serve for.

Reasons. 1. Thus, all are content: Principle, the contentment-maximizing.

2. Anything more would have to be provided—for the hundreds and the thousands, at the expense of the millions: the millions never consenting, mostly unwilling, and in so far not content. Principles, 1. the expense-minimizing. 2. The contentment-maximizing.

Instructional. Exemplificational.

Art. 57. As a means of reduction, though comparatively inadequate, note in the first place, simple sale. In English practice, in the officer grades, so great is the competition, and so many the rich individuals to whom the office is an object of ambition, with little or no reference to the amount of pay to be received,—that the possession of the grade is not only a known but an authorized subject-matter of sale: of sale, partly on Government account, partly on private account: the two modes being blended, in a manner far too complicated to admit of description here.

Instructional. Exemplificational.

Art. 58. Nor yet in the rank of private is it without example. A hundred pounds sterling was, at one time, the known price for the situation of private in the corps called the Horse Guards.* This corps, however, was not in use to be sent upon actual service, except when the Monarch himself took the field; a custom which was not broken through till towards the conclusion of the second war against the French Revolution.

Instructional. Exemplificational.

Art. 59. In the French service, sale is not in use. Of this difference between the practice under the two Governments, the efficient cause may be seen in matchless constitution. Of this fictitious constitution one fundamental principle is that which prescribes the imposition of taxes, to an unlimited and continually increasing amount, on the indigent many, for the further and further enrichment of the already opulent few. For the accomplishment of this object, the defensive force subdepartment, more particularly the land-service branch, affords a pre-eminently apt and commodious field: number of official situations maximized, number of degrees in the scale of grades maximized; quantum of needless remuneration in each situation, maximized:† by the power of sale, value of each such situation increased. Thus is depredation maximized. Of that force which should be purely defensive, but which, as against the people whom it pretends to defend, is thus rendered offensive, the magnitude is thus increased: and thus, by the same means, is oppression maximized.

Instructional. Exemplificational.

Art. 60. Now as to pecuniary competition, as exemplified in English practice. True it is—that in no instance, it is believed, in any regular form, authorized, avowed, or even generally known, has diminution in this mode, either on public or private account, received its application.

Instructional. Exemplificational. Ratiocinative.

Art. 61. 1. In the nature of the case, to an extent more or less considerable, in an irregular and unmeasured shape, it cannot but have had place.

2. Be the commodity what it may, if it be a generally known subject-matter of sale,—especially if not only in fact, but also of right,—a subject-matter of competition is what it cannot fail to be, in some way or other, to persons desirous of being purchasers.

3. In every case without exception were it brought under the auctioneer’s hammer, exactly as an annuity to the same pecuniary amount encumbered with the obligation of personal service in a military or any other shape, thus and thus only would the expense be minimized.

Art. 73. A middle course capable of being taken, is the making application of the pecuniary-competition principle, as to one part of the Defensive Force Establishment, and not as to another.

The demand for such a modification,—and the extent to which it might be advisable that it should be carried,—might in no inconsiderable degree depend upon the extent given in practice to the voluntary-service in the Radical land-service branch.

Instructional.

Art. 74. Note, that the only occasion on which, consistently with the principles respecting promotion (as per Section 6, Promotion,) application of this same pecuniary competition could be made,—is that of the original location: to wit, in the lowest of the Erudite grade.

Section XI.

Prize-money.

Instructional. Expositive.

Art. 1. In regard to prize-money, subjects of consideration for the Legislature will be the following:—

1. Subjects of capture, what.

2. Proportion, as between Government and the captors.

3. Proportion, as between rank and rank.

4. Proportion, as between armature class and armature class.

5. Proportion, as between army and navy, in a case in which both are employed in conjunction.

6. Proportion, as between one and another of the various co-operators, individually considered, on each individual occasion.

Instructional. Ratiocinative.

Art. 2. I. Subjects of capture. Principle applicable, the individual-sparing principle.

Rule. Exceptions excepted,—Confine the capture to such things as are in the hands of the Government of the hostile state. Reasons:

1. Value for value, the impression made on the enemy’s strength by loss of a mass of property already in the hands of his Government is much greater than that made thereon by a loss to the same pecuniary amount, of a mass in the hands of individuals.

2. Of a given mass in the hands of individuals, it is no more than a small proportion that can be taken into the hands of Government, to be applied to the military, or any other branch of the public service.

3. Before it can have been extracted and brought into the form in which it is employed in war, and in the seat of war, some indefinite length of time must commonly have elapsed.

4. On the part of the enemy, military and non-military taken together, though the power of military aggression is so much more weakened, the suffering is less. The suffering which the military classes endure, is what they are prepared for, as well as, by the pay received, compensated for. In the case of the non-military,—preparation, none; compensation, none.

5. On the part of the enemy the less the suffering is, the less violent is the exasperation, the less strenuous the disposition, the less strenuous the endeavour, to retaliate.

Instructional. Ratiocinative.

Art. 3. Exception may be—where a fortified place is to be taken by assault. Reasons:

1. Benefit to the assailants:—that without extra-remuneration, and that too derived from a source that is immediately in view, the soldiers in the attacking army will perhaps not be prevailed upon to expose themselves to the extra danger.

2. Benefit to the assailees, for minimizing the suffering:—that the existence of the acknowledged right, may induce them to come to terms before they are reduced to the uttermost extremity, and thereby prevent them from making a resistance which, on the average of cases, would be unavailing as to ultimate success, but which, in consequence of the irritation produced thereby, would almost certainly end in their private property being subjected to plunder, whether the right to plunder it were universally acknowledged and avowed, or not.

Instructional. Ratiocinative.

Art. 4. II. Proportion, as between Government and the captors.

Rule.—Maximize the Government’s share; thence, of necessity, minimize the captor’s share. Reasons:

1. So says the expense-minimizing, otherwise styled the frugality-maximizing principle.

2. True it is that, by the remuneration-maximizing principle,—were that in any case, general or individual, deemed necessary to be called in,—the whole would, at first view, be allotted to the captors, none to the Government. But, without reducing the quantum of the demand so far as to render the inducement afforded by it inadequate,—no small service might, by the reservation of a portion to Government, be rendered even to the captors. When abandoned to the cupidity of each individual, much of what might otherwise have been saved for all the individuals taken together, is destroyed; and in the shares of the profit derived from that which is not destroyed, great inequality will have place: while, in the case of a scramble, cupidity converts fellow-soldiers into mutually-conflicting adversaries. In the hands of Government,—the inequality might, and naturally would, be minimized; and the greater the service thus rendered, the greater the share which for this service the parties interested would be content to see retained.

Instructional. Ratiocinative.

Art. 5. III. Proportion as between rank and rank.

Directing principle,—the same as that which applies to remuneration in its regular and continuous shape: namely, the inequality-minimizing principle.

Instructional. Ratiocinative.

Instructional. Ratiocinative.

Art. 9. As to the minimization of the evil. Whatsoever evil you allow a man to produce,—the production of it being at the same time not discreditable to him, nor inhibited by the popular, or say moral, any more than by the legal sanction,—he will have no repugnance to your knowing of it: in this case, of any repugnance which it can happen to him to feel, and have to get the better of, the only possible objects are—1. exclusion put upon any additional evil, which, for his own particular purposes, he feels inclined to produce: 2. any such trouble as it may have been rendered necessary for him to take, for the purpose of causing it to be known what the evil is which, the production of it being allowed to him, he has produced accordingly.

Instructional. Ratiocinative.

Art. 10. If you prohibit the production of the supposed necessary evil,—the prohibition will include in it the effect of an order for concealment: and, under favour of this concealment, the supposed agent stands exposed by you to the temptation of producing, over and above the evil necessary to the exclusion of the supposed greater evil, evil in whatsoever shape and quantity may afford a present gratification in any manner to himself. If, for the preservation of his life, you allow him, wheresoever he finds them, to take necessaries, but not, unless in so far as the necessaries may be insufficient, dainties,—he may, and if notification is to a certain degree probable, commonly will, spare the dainties; but if you inhibit him from both, he will take not only necessaries but dainties, and perhaps slaughter the family to prevent their telling tales.

Instructional. Expositive.

Art. 11. Subject-matters, over or in relation to which it may be necessary that, on the sort of occasion in question, for a purpose such as that in question, power shall be exercised,—may be thus distinguished:

1. Things, considered simply.
2. Persons, considered simply.
3. Persons, considered in relation to things.

Instructional.

Art. 12. I. Things, considered simply. These things will be either—1. Things the use of which is subservient to warfare; or 2. Things composing the matter of subsistence. In both cases, instruments of conveyance and communication with reference to these same things, and thence the powers in question exercisable over things applicable to these purposes, may also be necessary.

Exemplificational.

Art. 13. Of a case, in which, for the purpose of subsistence, need of a power of prehension and consumption, applied to this or that portion of the matter of subsistence, may have place,—an example is the following: Soldiers, one or more on a march—that part of the country thinly inhabited; provisions, in sufficient quantity, not taken with them, or not remaining with them. Money, none sufficient for purchase; or, though sufficient, no adequate supply obtainable in exchange for it; cause of the impracticability, absence or hostile affection on the part of the inhabitants.

Instructional. Exemplificational.

Art. 14. II. Persons, considered simply. From persons not military, the services which there may be occasion to exact, may, in their nature and character, be either: 1. military, or 2. non-military.

Exaction of services of a military nature is, for the time that the course of operation lasts, compulsory enlistment; enlistment, for a time corresponding in duration to the emergency. As to this, see Section 5, Term and Conditions of Service.

A town, for example, is in a state of siege. For contribution to defence, the commanding officer causes hands to be laid on persons not military, in such numbers as to him appear necessary, and compels them to join in the labours and perils of the military functionaries. For and during the appointed time,—these persons are thus aggregated to the number of actually-serving functionaries.

Instructional. Exemplificational.

Art. 15. Of services which, not being of a military nature, there may be occasion to exact for military purposes, examples are the following:

1. Going on messages.
2. Furnishing information.

Instructional.

Art. 16. When for any such occasional and temporary purpose, a non-military person is pressed into military service, it will be for the care of the Legislature—and of the several administrative functionaries, non-professional, and professional in their several grades,—to allow to the person so impressed, in so far as the nature of the case admits, the benefit of the arrangements made, in that view, in the enlistment contract: and to furnish him accordingly with an exemplar thereof, and of the Soldier’s Code, as per Section 5, Term and Conditions of Service: and, in particular, those which regard Smart-money, as per Section 10, Remuneration.

Instructional.

Instructional.

Art. 25. On the issuing of any order for the prehension and forced employment of persons, or for prehension and forced employment, or destruction, or endamagement of serviceable things, as per Art. 11 to 17, antagonizing cautions that will require to be kept in mind are these:

1. By the terms of the order, take care to allow such latitude as may be sufficient to leave it in the power of the subordinate, by appropriate forbearance, to minimize the quantity of the evil produced by the execution given to that same order,

2. Be aware of the danger, lest, under the cover of such latitude, on the occasion of the execution given to such order,—whether through sympathy or self-regarding interest,—undue favour or disfavour be shown to an individual, at whosesoever charge; whether that of an individual, or that of the public service.

2. Maximizing, in the instance of each, the facility given to him for clear, correct, and adequately comprehensive observation: viz. as to the subject-matters themselves, and their respective values.

Art. 35. Of the evidence so recorded, and of the estimates so made, as per Art. 34, exemplars will be distributed, in this case, as in the several cases in which, throughout the course of this Code, distribution of such exemplars is ordered. In particular, for example:

1. To the party by whom, in each case, the damage is sustained, one.

2. To the military officer by whom or under whose order it has been caused, one.

3. To the next superior military officer, under and in pursuance of whose orders it has been caused, one.

4. So upwards, to the several superordinate authorities.

Instructional.

Art. 36. Against abuse, in the two opposite shapes of which it is alike susceptible, the Legislature, and the several subordinate authorities, in their several fields of service, and in particular the Finance Minister,—will, on this occasion, be respectively on their guard. These shapes are—

I. To the detriment of the individual.

1. Causation of damage beyond the extent of the necessity.

2. Undervaluation of the damage so caused.

II. To the detriment of the public, in favour of the individual.

1. In the causation of the damage, stopping short of the extent of the necessity.

2. Overvaluation of the damage so caused.

III. To the detriment of either party, or both, as it may happen.

1. Omission in not causing to be made the previous estimate, in a case in which the nature of the exigency admitted of its being made.

Instructional.

Art. 37. Of persons to whom, on any such occasion, it may happen to be competent to officiate, with or without such invitation, as above, in the character of percipient witnesses and registering functionaries respectively, examples are the following:—

1. A Judge or Judge Depute (as per Ch. xiv.) of the subdistrict, if near enough to the spot.

2. The Local Headman (as per Ch. xxv.) of the bis-subdistrict, or any person or persons by him deputed for the purpose.

3. The Local Registrar, or say Headman’s Registrar (as per Ch. xxvi.) of the bis-subdistrict, or any person by him deputed for the purpose.

4. Any person or persons officiating on the spot, in subordination to the Preventive-Service Minister; as per Ch. xi. Ministers severally, Section 5, Preventive-Service Minister.

5. Any person or persons officiating on the spot, in subordination to the Interior-Communication Minister; as per Ch. xi. Ministers severally, Section 6, Interior-Communication Minister.

6. Any person or persons officiating on the spot, in subordination to the Indigence-Relief Minister; as per Ch. xi. Ministers severally, Section 7, Indigence-Relief Minister.

7. Any person or persons officiating on the spot, in subordination to the Education Minister; as per Ch. xi. Ministers severally, Section 8, Education Minister.

8. Any person or persons officiating on the spot, in subordination to the Domain Minister; as per Ch. xi. Ministers severally, Section 9, Domain Minister.

9. Any person or persons officiating on the spot, in subordination to the Health Minister; as per Ch. xi. Ministers severally, Section 10, Health Minister.

10. Any person or persons officiating on the spot, in the capacity of a functionary under the orders of the sublegislature of the district; as per Ch. xxix. Sublegislatures, and Ch. xxx. Sublegislation Ministers, the functions of any of the several sorts of official situations herein mentioned by Numbers from 4 to 9 inclusive.

Instructional. Expositive.

Art. 38. Abuse of prehensive power, employed, as above, on the occasion or pretence of military necessity,—what? In this case, the act by which the wrong is done, will be of the number of those acts on which, under the head of Offences against individuals, inhibitions are put in and by the Penal Code.

Instructional.

Art. 39. Punishment for such abuse. In the case in question, the act being, by the supposition, unjustifiable, will, in and by this Code, have been subjected to its appropriate punishment; including the burthen of making satisfaction in the shape of compensation, and any other appropriate shape: burthen of satisfaction being, as far as it goes, placed to the account of punishment, and capable of being of itself sufficient for that purpose.

Instructional.

Art. 40. On the score of abuse of power,—application of punishment, in addition to the imposition of the burthen of satisfaction, supposes evil consciousness on the part of him by whom the abuse is effected. Of such consciousness, presumptive circumstantial evidence may be afforded—not only by positive agency employed in effecting, or endeavouring to effect, the suppression of appropriate evidence, in relation to the exercise given to the power,—but even by reluctance or backwardness as to the exhibition or procurement of such evidence. Of sincerity, on the other hand, the degres of positive exertion employed in the endeavour to render the body of appropriate evidence as clear, correct, and complete as possible, will in each case operate as a proof and test.

Enactive.

Art. 41. As to Procedure: for obtaining compensation at the charge of the public, the mode of procedure will be as follows:

1. The party by whom the damage is alleged to have been sustained, will make application to the Judge, in this case as in any other case in which, at the charge of the public, a judicial demand is made.

2. Of the service of the Eleemosynary Advocates, as per Ch. xx. if his circumstances render them needful to him, such demandant will have the benefit.

Instructional. Examplificational.

Art. 50. Under matchless constitution, arbitrary power being of course dear to both sides, the established practice is—not to establish by law the necessary powers, but to leave the powers to be exercised by practice:—by practice avowedly contrary to law: whereupon for wrong done, in all shapes, under assurance of impunity,—comes, in due season, an Indemnity Act. Alike obvious and incontestable is the convenience of this course. Had the powers been demanded of the Legislature, adequate grounds for the demand would have been looked for, and any that were produced as such would have been liable to be canvassed: and though, being made by ministers, the demand would of course have been complied with,—no instance of non-compliance being to be found elsewhere than in imagination,—still, reason (suppose) being clearly against compliance,—eyes, in some small number might, on each occasion, be opened; and the substitution of a form of Government having for its object the augmentation, to one having for its object the diminution of the aggregate of happiness—be proportionably promoted. As it is—under the assurance of the subsequent indemnification,—abuse, in all possible shapes, is of course practised: power exercised, where there is no need of any at all: and where, of a power, to this or that effect, a real need has place,—along with those operations which are needful and contribute to the desirable effect, others are performed which contribute to that effect nothing,—but to the effect of depredation, or oppression, or both, whatsoever may be desired by the operators.

Instructional. Exemplificational.

Art. 51. Thus, if by flogging or otherwise, it happens to be your wish to keep men in a state of torture till they give any such information as it may happen to you to wish for,—or till they say anything else you wish them to say,—do you apply to Parliament for power so to do? Not you, indeed; you know better things. You cause torture to be applied to them, as much as it is agreeable to you to see applied. This done, some months afterwards you state to Parliament, for its information, that extraordinary disorders require extraordinary remedies. The bill passes, and “everything is as it should be:” be it ever so bad, what has been done cannot be caused not to have been done; and by so perfectly unanswerable an argument, the satisfaction produced in the mind of every admirer of matchless constitution, is entire. On goes thus, at all times, the commodious repetend, composed of criminality and indemnity: criminality each time by wholesale; indemnity each time foreknown to a certainty—through any number of generations, till the matchless mass is dissolved in its own rottenness.

Instructional.

Art. 52. Under other constitutions, the object of law is, to secure obedience to itself: under matchless constitution, to secure disobedience to itself. Under such law, whatsoever may be the opinion as to security, security itself is an empty name; empty and useless—to all but those who make the law, and those who are partakers in the sinister interest, by the force of which it is made.*

Instructional.

Art. 53. On this, as on all other occasions, the Legislator whose all-comprehensive ruling principle is the greatest-happiness principle, looks out, with anxious industry, for the problems of the greatest difficulty, to the end that such solution as the nature of things admits of may be applied. The fee-fed Judge,—who, by every instance of evil prevented by timely legislation regards himself as robbed—beholds in every such difficulty, with hope and delight, a source of fees. Among Legislators the man in authority beholds in every such difficulty, unnoticed and unremoved, a source of safe depredation or oppression, exercisable by himself: the man in opposition, an instrument of warfare, a source of accusation against his more fortunate antagonist: of accusation, on the ground of whatsoever, under the difficulty, happens in a case of necessity to have been done: done—whether beyond the necessity, or in ever so strict conformity to it.

The evil, which an oppositionist denounces as such, he of course wishes it to be inferred and supposed, that, were he in power, he would cure. Natural enough the conclusion is; but far indeed from being a necessary one. If, according to his own estimate, it were his interest to cure it, cure it he would: otherwise, not.

Be the evil, be the abuse, what it may—be the accused who they may—whether it shall have him for defender or assailant, depends on fortune: it depends on the side on which fortune has stationed him at the time.†

Instructional. Exemplificational.

Art. 54. Analogous to the establishment, and occasional suspension and revival, of the sort of War Code here in question, is, in English practice, the Proclamation of Martial Law anywhere; as also the various arrangements occasionally employed for prevention or quelling of insurrection in Ireland. Amplitude of powers, and scantiness of all securities against the abuse of these same powers, are two congenial properties, of which these enactments may be seen affording exemplification, as ample and instructive as can for any purpose be reasonably desired.

Section XIII.

Military Judicature.

Instructional.

Art. 1. On the occasion of the excepted judicatories (Ch. xii. Judiciary collectively, Section 1, Excepted Judicatories,) by which application is to be made of the general principles of judicature to the particular situation of the functionaries belonging to the Defensive Force, the Legislature will take for the standard of reference the several arrangements by which those same principles are applied to the rest of the community, as also to those same persons in so far as their situation agrees in other respects with that of their non-military fellow-countrymen.

It will therefore be considered—in what particulars the difference between the two situations requires a correspondent difference of arrangement in the case of the two sorts of judicatories,—to wit, non-military or say civil, and military.

In particular, it will be considered—whether, in this line of service, a many-seated judicatory, such as that customarily in use under the name of a Court-Martial, or a single-seated judicatory as in other cases under this constitution, with or without a quasi-jury sitting incidentally as a body of assessors to the judge, may be preferable. See Ch. xvi. Quasi-Jury.

Instructional.

Art. 2. Of the difference between the circumstances in which the civil judicatories, and those in which military judicatories are placed, examples are the following:

1. As to disobedience.	1. As to disobedience.
To the orders of the civil functionary, execution and effect might in a large proportion fail to be given, with comparatively small defalcation from the security which it is the object of the civil judicatory to afford.	To the orders of a military functionary, a single act of disobedience might suffice to bring ruin on the state. Still the power should not on any occasion, through negligence, be suffered to extend beyond what is regarded as necessary to provide against the supposed danger.
2. As to mischief from delay.	2. As to mischief from delay.
In the case of a civil suit, delay of considerable length will, in a considerable number of instances, not be productive of any considerable bad effects, nor any ultimately bad effect at all to any person but him on whom, in consideration of his supposed culpability, the burthen of compensation for the burthen of the suffering produced by him on the other side, is imposed.	In the case of an order given in time of war by a military commander, the delay of a moment may not be distinguishable from disobedience.
3. As to partialities and dissensions.	3. As to partialities and dissensions.
In a civil judicatory, the number of the individuals with whom the Judge would have to mix in social intercourse would, at any rate, in proportion to the whole, be extremely small: and by appropriate institution it may be, as it is here endeavoured to be, made much smaller.	In a military judicatory, the individuals subject to the jurisdiction of the Judge could not, any of them, unless by accident, fail to be known to him. They would be known to him—as in an extensive manufactory the working hands in general are personally known to the principal managing hands.
4. As to promptitude of communication.	4. As to promptitude of communication.
In a civil judicatory, the individuals subject to its jurisdiction are, with a few exceptions, all of them within the reach of the judgment-seat at one and the same time: with no other difference than that which is constituted by the distance between their respective abodes and the judgment-seat: to wit, nowhere so much as half a day’s journey.	In a military regimental judicatory, suppose one and but one Judge or set of Judges, the whole body is at all times liable to be broken into detachments, sent in any numbers to any distance from the seat of judicial authority, and from one another: decomposed thus into bodies, of which no more than one shall be effectively within the reach of this military judicatory, in the way that with small and casual exception all within his jurisdiction are within the reach of the civil Judge.

Instructional.

Art. 3. From the institution of Courts-Martial, each composed of a council of officers of different grades, two inconveniences are inseparable; to wit, 1. more or less of mutual dissatisfaction, where the same individual is by one portion of the Judges pronounced guilty, by another innocent; and 2. where the part taken by the judgment or the affections of the highest in rank, or other most influential person, is known,—comes, on the side opposite to his, the suspicion that suffrages have been procured to his side by sinister interest: to wit, by the desire of obtaining his favour at the expense of justice. In the judicatory in ordinary, as delineated in this Code, the inconvenience from mutual dissatisfaction has no place: and against the suspicion, other remedies—ample and efficient—are provided. The Legislature will inquire and consider whether, by the many-seated judicatory exhibited by a Court-Martial, advantage in any shape is in any and what cases presented, substantial enough to preponderate over the here-mentioned inconveniences.

Instructional.

Art. 4. In time of actual service, in an army which is in a state of actual conflict with an enemy, all general regulations must give way to the necessity of the moment. But if the two most efficient guardians of justice—the inequality-minimizing principle and the publicity-maximizing principle, have taken root in time of peace, no demand for implicit obedience can be so urgent, but that the pressure of the yoke may receive more or less of alleviation from regard paid to those same salutary principles, and the corresponding rules.

Instructional.

Art. 5. In military legislation and judicature, as compared to civil, a sort of opposition has been commonly regarded as having place, between the interest of justice and the interest of power; in so much that to security, ab extra, in military legislation and judicature, a sacrifice to an extent more or less considerable, must (it is supposed) be, and is accordingly made, of justice: regulations which, in a civil case, would be established with a view to justice, are accordingly, in this or that military case, made to give way to others, which are regarded as most conducive to the maximum of efficiency on the part of the national force. This sort of conflict being admitted,—follows the observation—that in time of war, the demand for corroboration of power is at its maximum; the demand for justice at its minimum; in time of peace the demand for justice is at its maximum; the demand for corroboration of power at its minimum. What at the same time is observable, is—that whatever punctuality of obedience is necessary in time of war, is so in time of peace: for if a habit of disobedience takes root and gains strength during the one period, it will naturally, and little less than necessarily, remain and operate during the other period, or at any rate at the commencement of it. If between the state of the law in this respect in time of peace, and its state in time of war, there be in this particular a difference, the mischief produced by suffering, through neglect, the establishment of a habit of disobedience, will be the greater the longer the habit has continued: and thence the longer the country has continued in a state of peace.

Instructional.

Art. 6. Note, that among military and non-military persons taken together,—the case of disagreement, as between class and class, is susceptible of the following diversifications.

1. Disagreement as between individual and individual, both being in the private ranks.

2. In the several officer-grades, disagreement between individual and individual in the same grade.

3. In all ranks and grades, disagreement as between the individual of one rank or grade and the individual of another.

4. In some cases, more particularly as between landsmen and seamen, and between both and marines,—between the functionary of any rank or grade and the functionary of any other, in two different armature classes.

5. Disagreement, as between a military functionary in the rank of private, and a non-military individual.

6. Disagreement, as between a military functionary in any grade below the highest stationed on the spot, and a non-military individual.

Instructional. Exemplificational.

Art. 15. Example I. Desertion. Under this one name—desertion, are commonly included two species, widely different in degree of maleficence. These are—1. Simple desertion; 2. Transfugitive desertion. Simple, when the deserter merely quits his own service: transfugitive, when, in quitting it, he passes over to an enemy’s service.

In time of full peace—(war, neither actual nor apprehended as impending)—transfugitive desertion has no place: remains capable of being exemplified no other species than the simple: mischievous effect, exceptions excepted, inconsiderable, and easily reparable: exception is—where, by the operation of some cause, instances to a certain degree numerous, are produced, at or about the same time. Now, admitting that in time of war, for transfugitive desertion death may be an apposite punishment, and the option of applying it may be given to the Judge,—still, for simple desertion, scarcely can there be any need of giving to the Judge any such option to be exercised in time of peace.

Instructional. Exemplificational.

Art. 16. Example II. Disobedience of orders. In time of peace, to such a degree indeterminate and diversified is the nature of the offence thus denominated,—that the maleficence of it varies upon a scale beginning at 0, and ending at a degree not inferior to that of transfugitive desertion. But in this scale, lines may be drawn, below which there cannot in time of peace, be any demand for any such punishment as death.

Instructional.

Art. 17. For the purpose here in question, one line of distinction requisite is—that which separates simple disobedience of orders, from that which is specially maleficent. By specially maleficent understand, productive of any act placed on the catalogue of offences, whether in the general Penal Code, or in the Military Code.

Instructional.

Art. 18. Take it unaccompanied with special maleficence, as above,—it will either be or not be accompanied with evil consciousness:—consciousness of the contrariety of the conduct maintained, to the conduct lawfully prescribed: and, when in this sense wilful,—the offence may receive a punishment, which shall be the same in all cases: the offence will, in this case, consist in the disregard manifested by the subordinate as towards the authority of his superordinate: contempt is the name given, in English law, to the disregard, when,—the functionary towards whose order it is manifested, being a judicial functionary,—it is dealt with on the footing of an offence.

1. In general practice, the Judges being many, (in English practice for example, thirteen or fifteen,) are taken from the corps to which, at the time of the alleged offence, the defendant belonged.

2. But, in this case, whether conviction or acquittal has place, unpleasant are the sentiments and sensations left, in the breasts of all persons, by whom respectively any part in the judicial drama has been performed, defendants to wit, prosecutors, judges, witnesses: and, by the contemplation of their future contingent affections and conduct—influence, detrimental to justice, cannot but, to a greater or less extent, be exercised. In every one of these cases, the smaller the number of the persons exposed on the one hand to suffering, on the other hand to sinister interest in the shapes in question—the better. In the case of witnesses, no reduction does the nature of the case admit of. Not so, in that of Judges. Without any assignable detriment to justice, the number may, it should seem, be reduced to one.

3. By the addition made, as at present, to number one, arbitrariness in the exercise of the power in question, is (it may be said) more or less reduced. True: but in general practice, appeal has not place; and no reason can be assigned why, if on the judgment-seat there be but one functionary, appeal from his decision should not have place in the class of suits furnished by this particular section of the community, as well as in the suits furnished by the aggregate of all the other sections.

4. In what way soever the suit terminates, transference of the defendant from the corps in question to another community, presents itself as a desirable result. Person by whose authority and order the transference is made, the army minister. Persons at the instance of any, of whom it may be made—1. the Judge immediate by whom the terminative decree was issued; 2. any one, or at any rate any two, of the members of the corps in question; 3. the defendant himself, whether acquitted or convicted.

Section XIV.

Recruitment.

Instructional. Ratiocinative.

Art. 1. In providing and keeping up a supply of functionaries for the stipendiary branch of the National Defensive Force, the Legislature will bear in mind the positions following:—

I. Of two persons in other respects equally apt, the one unwilling to serve in the situation in question, the other willing,—he who is willing will, on that account, other things equal, be the more apt upon the whole.

Art. 15. Reasons against this same mode of location, these:—

1. On the part of parents, and other relatives, discontentment may at all times, to any degree of extent, and on the part of each to any degree of intensity imaginable, have place, without its coming, at any rate in all its details, under the cognizance of the legislature.

2. So on the part of the conscripts themselves; especially if enlisted at a time of life some years later than that of birth, in such sort as to be susceptible of appropriate observation and reflection,—of observation, in particular, of the effect produced by the arrangement on the language and deportment of their parents, as above.

3. If the time of enlistment be that of birth,—in this case, true it is, that on the part of the conscripts themselves, the danger of discontentment is minimized: still, will it be far from being excluded.

Art. 2. During peace, the better prepared a community appears to be for the renewal of war, by resistance made to actual aggression,—the better, other circumstances equal, will be its chance of preventing such aggression, by fear of the evil consequences to the aggressor. By this consideration will the operation of disbandment be, of course, in a main degree regulated. Of the force which at the close of the war the Government had on foot, retained will be, in preference, that portion which, on a renewal of war, it would require the longest portion of time to bring to a state of adequate appropriate aptitude. Or say, disbanded, in preference, those portions which in the shortest portion of time are capable of being brought to that same desirable state. In addition to promptitude, certainty, it is true, is an element which may present itself, as claiming to be taken into the account of value. But, forasmuch as the state of the community in question must be extraordinary indeed, if those portions of the defensive force which it had at one time, could not, sooner or later, be brought into existence at another time,—for simplicity’s sake, the consideration of certainty may accordingly, generally speaking, be discarded from the account, and that of promptitude alone set down for consideration.

Principle applying to this particular case, say the Difficult-replaceability principle, or the Easy-replaceability principle: with equal propriety either may serve, according as retention or disbandment is the object of reference. Generally applicable principles—1. the External-security-maximizing; 2. the Internal-security-maximizing; 3. the Aptitude maximizing.

Instructional.

Art. 3. To bring the men to a state of adequate appropriate aptitude, different armature classes require different lengths of time: say different numbers of days, supposing on each day, in the case of each class as compared with every other, the same number of hours* employed in the learning of the exercises.

Hence, corresponding to the above-mentioned Difficult-replaceability or Easy-replaceability principle, comes the following Rule. Disband in preference the armature class, which, for endowing it with adequate appropriate aptitude, requires the smallest portion of time: next, that which requires the next smallest: and so on.

Instructional.

Art. 4. For this purpose, the following scale, composed of modes of operation, with corresponding comparative lengths of time annexed, will constitute an appropriate subject of inquiry for the Legislature. The blanks for the number are left to be filled up in the Military Code, by advice of professional functionaries.

Armature classes.—Lengths of instruction: time requisite in months, say two. In this number of months, total number of hours of exercise, say as follows:

I. Infantry man in general, hours [[ ].]
II. Infantry rifleman, additional hours [[ ].]

Instructional. Ratiocinative.

Art. 5. Question. The infantry, why not all of them trained to be riflemen, that is to say, marksmen, habituated to the shooting at a mark? Answer. Reason, the expense: that is to say—1. the once-paid, or say capital expense, of the rifle gun: 2. the continuous expense of powder and shot.

Instructional. Ratiocinative.

Art. 6. In the case of the rifle, the time requisite for loading, and some other circumstances considered,—it has been matter of question whether any preponderant advantage would be obtained,—if to the exclusion of the ordinary musket, the rifle were employed by the whole body of the infantry. But, supposing the question determined in the negative,—it would not follow, that by no part of that body should this instrument of extraordinary efficiency be employed. For, supposing the ordinary musket preferable in the engagement between body and body, drawn up collectively, and in order, on a plain,—riflemen, in a state of appropriate distribution, might still, in the maintenance of a defile or other position, in particular in a hilly country, perform a service for which, by the ordinary infantry exercise, without the practice of aiming and firing at a mark, a man would not be so well fitted.

Instructional. Ratiocinative.

Art. 7. III. Cavalry man or Dragoon.—Total of additional hours, [NA.] Particulars as follow: To the foot exercise, performed by the foot soldier as above, add the hours respectively employed, as follows: 1. Making the man master of his horse, that is to say, the men taking instruction one by one. Hours, [NA.] 2. Teaching the man to bear a part in the evolutions performed by the men in bodies. Hours, [NA.] Total of hours, [NA.] Subclasses, 1. Heavy-horse or Cuirassiers. 2. Light-horse or lancers. 3. Dragoons. 4. Mounted Riflemen. Differences, of little or no moment, as to this purpose: difficulty of instruction being, in all these instances, nearly, if not altogether, the same.

IV. Foot Artillery and Engineers.—Subclasses ranged in the order of the lengths of time requisite for aptitude, the length indicated by the smallest number denoting the smallest degree of difficulty, are,†

1. Artillerists or Gunners.
2. Artificers. Additional hours, [[ ].]
3. Pontooneers. Additional hours, [[ ].]
4. Sappers. Additional hours, [[ ].]
5. Miners. Additional hours, [[ ].]

Instructional.

Art. 8. Note, of the forementioned operations, one and no more may be allotted to each man; or to each one of any number of men, one or more of them may be attached. To the ordinary foot exercise, which consists in the discharge of balls, whether solid or hollow, from the hollow cylinder,—the foot artilleryman may add the exercise or exercises belonging to one or more of the other sub-classes.

Instructional.

Art. 9. V. Horse-artillery-man. To the exercise of the cavalry-man, the horse-artillery-man adds the firing part of the exercise of the foot-artillery-man. Additional hours [NA.] Total of hours [NA.]

VI. Marine Infantry. To the exercise of an infantry soldier, the marine-infantry man adds, in a certain degree, the exercise and habits of the seaman. Total of hours [NA.]

VII. Marine Artillery. To the exercise and habits of a marine-infantry man, the marine-artillery man adds the special exercise of working mortars on ship-board, or performing other duties connected with artillery, of a more complicated nature than those required from the seamen in general. Total of hours [NA.]

In both his capacities, he has to learn, in common with the mere seamen, the operations of landing and boarding, also the serving in gunboats, floating batteries, and fireships.

Instructional.

Art. 10. Of all these specially instructed classes, not one is there who is not qualified to perform whatsoever can be required to be performed by an infantry soldier at large, in time of peace; not one, the particular service of which the infantry soldier at large is qualified to perform. Hence the following Rules.

Rule 1. So long as an infantry soldier at large remains who can be spared, discharge not one from any one of these specially instructed armature classes.

Art. 21. Mode of voting for discharge:

1. For the whole number of the privates and non-commissioned officers, in the aggregate of all the regiments in which the number of those same functionaries is meant to be diminished, are provided an equal number of voting-cards.

2. To each regiment are allotted cards in number equal to the whole number of those same functionaries belonging to the regiment.

3. The cards, all equal or similar: dimensions (suppose) a square inch.

4. For receiving them, two equal and similar vote-receiving boxes, closed: in each a slit: depth of the box such, that the last of the cards may drop through without sticking.

5. On the lid of one, in large placard letters, the words, Discharge me: of the other, Keep me.

6. These boxes are kept in such sort near to one another, that a card may be dropped by a man into either of them, without its being possible for any other person to see into which. This may be effected in various ways: for one way see Ch. vi., Legislature, Section 8, Election Apparatus, to Section 11, Election, how: (from Bentham’s Radical Reform Bill, Section 4, to 7, vol. iii. p. 567 to 577.)*

7. Even to those who, in other particulars, have not learned to read, the difference in import and effect between the two inscriptions, has (it is taken for granted) been rendered familiar, by the view of two exactly correspondent ones kept hung up in some place or places of universal resort.

8. On the card delivered to the voter, has been stamped, or so written as not to be exposed to mistakes, his name and description, as entered in the Muster Book, with the name of the writer (for responsibility’s sake) and the year, month, and day of the month: and, on the other side, a number, different in the case of each voter: the numbers following one another in numerical order.

9. In the Muster Book, in connexion with each voter’s name, entry is made, of the act and time of his voting by the dropping in of his card.

10. The voting completed, the two boxes will be transmitted together to the seat of Government, addressed to the Army Minister.

11. The two boxes, each in a separate room, are for the first time opened, each of them by two or more persons, of each of whom it is known that he is unable to read writing.

12. By them the several cards are ranged in regular lines, each card with the comparatively plain side uppermost, having (as per No. 8) nothing on it but a number.

13. Into the room are then let in two persons, who, being able to read, range the cards in numerical order, and in an appropriate Record-book make entry of the total number contained in each box: and so successively in the case of each regiment.

14. When thus counted, the cards are dropped one upon another, in numerical order, into boxes of appropriate form, forming so many piles, each card with the numbered side still remaining uppermost, the lettered side remaining invisible to every person. To each box its lid is then immoveably attached by a certain number of seals.

15. These are the seals of so many high functionaries, to whom the knowledge of the proportion between the number of those desirous to be kept, and that of those desirous to be discharged, may be confined: suppose, the Prime Minister, the Army, Navy, and Finance Minister.

16. If the number desirous to be discharged is not greater than that which the Government is desirous to discharge, all are thereupon discharged: for this purpose, the boxes are opened; the cards read; the persons desirous thus ascertained; and, for their discharge, appropriate orders sent to the several regiments.

17. If the number desirous to be discharged is greater than that which the Government is desirous to discharge, the above-mentioned name-cards are all emptied into a box, having, instead of a lid, a cloth with a slit in it, big enough to receive a hand and arm; after having thus been mixed unseen by several successive hands, they are drawn out, one after another, in a number equal to the intended number, as above: in relation to these the orders for discharge are sent: the others remain unknown.

18. In the same manner, when the number desirous of being kept is greater than the Government is desirous of keeping, are ascertained those who shall actually be kept.

Instructional. Ratiocinative.

Art. 4. I. Subject-matter of diversity the first:—the appropriate military exercises.

In the case of the land-service, the military manipulations and evolutions are capable of being performed in any places, by all persons without distinction, where physical force is adequate: and, moreover, in the radical branch, on the part of a sufficient number, adequate inducement as well as means for the performance of such exercises, may, in almost all places and times, be found.

In the case of the sea-service, in addition to the military exercises, the nature of the service necessitates others that are non-military, that is to say, those by which motion and direction are given to the vessels in which the men and things together—the personal and the material stock—have their characteristic and essential moveable abode. As to the manipulations—except in so far as those employed in the land-service happen to be exactly copied in the sea-service,—they bear no resemblance to those employed in the land-service: as to the evolutions in the sea-service, those employed in the land-service, the form and comparative smallness of the field render impossible: in the sea-service, if among such operations as are performed by the combined exertions of numbers at a time there be any to which the term evolutions is applicable, they are in the sea-service of a nature altogether different from what they are in the land-service.

While, by men, in whose instance, whatsoever may eventually be their lot, no design to engage in the practice of the military exercises in either branch, has place, the practice of the non-military sea exercises will in their quality of seamen be engaged in, to wit, on private account, or in private service,—scarcely to any of them will it happen to engage, or in the course of their sea-service to be disposed to engage, in the practice of those land exercises which are purely military.

Instructional. Ratiocinative.

Art. 5. II. Subject-matter of diversity the second: circumstances relative to the Erudite grades. In Section 1, of Supplement, and Section 4, Stipendiaries, are brought to view the elementary aggregates, by the continual addition of which, in the land-service, grades rising one above another are constituted. Number of units in the smallest, or say first elementary aggregate termed a Squad, 6: component individuals, privates 5; corporal 1: a plan of aggregation this, the aptitude of which is generally regarded as being certified by general practice.

Art. 11. To the Legislature it will accordingly belong—to consider, in addition to the points of appropriate aptitude, intellectual and active, requisite in the land-service, what ulterior points shall be requisite to be possessed in the sea-service: and, in the case of a candidate for admission into the relative locable list, before an appropriate qualification-judicatory, what course of examination shall have been undergone, antecedently to his location in the lowest of the Erudite grades: in the lowest grade occupied by a commissioned officer in the sea-service.

On this occasion, in respect of the appropriate qualifications necessary,—notice will be taken of the difference, as between the scientific and the non-scientific armature classes in the land-service.

Instructional.

Art. 12. VII. Subject-matter the seventh. Officer’s previous service in the situation of private. On this occasion will be considered, how far the reasons which, as per Section 10, Remuneration, Arts. 17 and 18, apply to the land-service, apply also to the sea-service.

Instructional. Ratiocinative.

Art. 13. VIII. Subject-matter the eighth—Compulsory aggregation. In case of emergency, of the Radical branch of the sea defensive force, shall the personal stock, in any and what portions of it, be liable to be compulsorily aggregated (as per Section 14, Recruitment) to the stipendiary?

Art. 19. X. Subject-matter the tenth. Notification timely and appropriative. For diminishing, and even to a considerable extent doing away altogether, the sense of suffering from compulsion,—in the case of transference of seafaring persons from private unwarlike to public warlike service, as above,—it will be the care of the Legislature to apply to this case the timely-notification principle.

3. The place at which, and means by which, at the time desired, a mandate for his attendance will reach him, in such sort as to present itself to his mind.

Instructional.

Art. 31. Necessary again to these purposes is appropriate registration. As to the heads under which, for this purpose, the matter of the information will require to be entered, they will be found to be of the number of those which have for their purpose the minimization of ship-board oppression: to the section on that subject (Section 17) they are accordingly posted off.

Instructional.

Art. 32. Applied to the Radical branch of the Sea Defensive Force, registration has four distinguishable purposes. Interests more particularly provided for and served—in the three first, that of the public: in the fourth, those of the individual functionaries. Denominations, these which follow. These may be thus denominated:

I. For public interest.

1. Financial, to wit, for the extraction of the contributions assessed on goods imported and exported.

2. Commercial: for bringing to view the effects produced on the aggregate value of those same imports and exports, by the arrangements made from time to time, whether for the maximization of this same value, or for the extraction of these same contributions of the Sea Defensive Force stock, personal and real together; to wit, by enlistment voluntary, or in default of voluntary, compulsory, as the exigency may require.

3. Defensive: for ensuring, to the several amounts, at the several times necessary, the transference of the necessary quantity.

II. For the interests of the individual functionaries—to wit, as well in the private as in the stipendiary sea service.

Art. 43. In preference to this indifference, an arrangement confining the choice to an individual taken from the college of physicians, or from that of surgeons, would be a real, an important and incontestible improvement. For without a long continued course of mental labour applied to branches of art and science, (chemistry and mechanics to wit,) of which application is made in the military line of this branch of service,—scarcely can any individual even find his way into either of those colleges: whereas, in the official situation here in question, instances have not been wanting of men not known to be possessed of any the least acquaintance with any branch of useful knowledge whatsoever,—such excepted, and that in such degree, as men of opulence not destined for any profession cannot escape from being more or less superficially acquainted with.

Instructional. Ratiocinative.

Art. 44. The declared situation has been rendered an appendage to an undeclared function: namely, of applying to the purposes of Parliamentary corruption, the patronage of one of the three recently united kingdoms. For, as of late has been over and over again demonstrated,—without so much as one act of the will on the part of the corruptor, the existence of a quantity of the matter of property applicable by him to the purpose of corruption, is abundantly sufficient to produce the effect.

Thus, in a certain mode of fishing,—when the fisherman has baited his hooks, and thrown them into the water, no need has he of any labour other than that of returning at the end of a competent interval of time, to take the fish off the hooks, and stow them in his basket: for the skill of the fly-fisher, this same mode of political fishing presents not any demand.

Instructional. Exemplificational.

Art. 45. In a statement recently made in the French Chamber of Deputies, by the Minister of the Sea Defensive Force subdepartment—in French practice, contrasted with a recent proceeding in the English House of Commons, an incontestably conclusive proof may be seen of the utter inaptitude of the practice of Government in England, as to the serving as a model of imitation to other nations; of the inaptitude in England,—and at the same time of the aptitude, comparative at least, on the part of the practice of Government in France.

Instructional. Exemplificational.

Art. 46. Of the French statement, the substance may be seen in the extract following, from a speech of M. Hyde de Neuville, as reported in the Morning Chronicle of the 8th of July, 1818.

“We have 30 general officers; we had 64 in 1787. According to the statements which have been already given,—if England were to trace them in the same proportion, she would have about 80—she has actually 215; France has 80 captains of ships of the line,—in 1787 she had 123; England, at the same rate, ought to have, at most 220—she has had 850. We have 120 captains of frigates: England had 868 commanders, who are equivalent. Our lieutenants de vaisseaux and enseignes together, are 728: England has 3,710 lieutenants, and 543 masters.”

Allowance made for controvertible points—on the one hand in relation to numbers requisite under each head, on the other hand for difference in the value of monies as between the two countries,—from these data, an estimate not altogether uninstructive might be made of the quantity of money, in this subdepartment alone, under “Matchless Constitution” constantly applied to the purposes of waste and corruption, at the expense of the indigent subject many, by and for the benefit of the opulent and ruling few.

Instructional. Exemplificational.

Art. 47. So much for France. Of the principles pursued in English practice, the manifestation here in question is as follows:

Every now and then, for the purpose of blinding the subject many, and preventing them from seeing that the maximization of waste and depredation is of the number of the ends uniformly pursued by those on whom everything depends,—a Finance Committee is appointed by the House of Commons; declared purpose, that of proposing reductions in the aggregate amount of the public expenditure. Of this Committee, a majority is on every occasion composed of individuals, in relation to whom the most perfect assurance has place that no considerable reduction will ever be consented to by them.

In the session of 1828, a Committee of the sort was appointed: at the close of the session, they had made four reports. In one of these reports, one single office (that of Lieutenant-General) belonging to the Ordnance—(an under sub-department, the business of which is conjunctly subservient to each of the two sub-departments, the Army and the Navy, belonging to the Defensive Force)—is stated as needless, and on that account requiring to be suppressed. On being brought before the House at large, this proposition was set aside by 204 votes to 95.

From this one example, what probability has place as to any such reduction as that held up to the view of Europe, by the statement of the French Minister as above,—may be estimated without much difficulty.

Section XVII.*

Ship-board Oppression obviated.

Instructional.

Art. 1. In the hands of a commanding officer,—in the Radical branch of the Sea-service, the power needful (it will have been seen) has place in quantity much greater than in the Radical branch of the Land-service: so likewise has the power commonly exercised. But, coupled with the sense of the need of the apt exercise, the facilities which the nature of the case affords for the abusive exercise of this same power, have been known to render the abusive exercise extensive, to a degree which calls upon the legislature for a corresponding degree of attention and endeavour employed in obviating it.

1. As to the need. Necessary—not only to the purpose of the service itself—that is to say, to the safe custody and appropriate conveyance of the cargo, but to the preservation of the lives of all on board, is the exactest subordination,—and, in time of danger, the most unqualified obedience,—on the part of all on board, whosoever they may be, to the orders of the person by whom the operations are directed, whatsoever the denomination attached to such his situation may be.

2. As to the fact: that is to say, the actual state of things. In consequence of the narrowness of the limits within which the abode of all on board is contained, not one of them all, so long as it continues to be their abode, can by possibility escape from out of the reach of the irresistible power of the all-directing functionary, so long as he continues in the exercise of such his function.

Thus then it is—that, for the sake of the individuals concerned, a demand has place for all such arrangements as may be found necessary to the securing, as far as may be, against the abuse of this power, all such individuals as, by their particular situation, stand exposed to it.

Enactive.

Art. 7. On one of the leaves, on the left side of the book (the right-hand leaf being employed as per Art. 11.) entry will be made of the name of the individual in question at full length, surname or surnames, and christian name or names, or what among non-Christians is equivalent, included: and in the same line therewith, in so many appropriate columns, matter under the several heads here following:

1. Time of birth, as far as known, according to his declaration; mentioning year, month, and day of the month.

2. Place of birth, as far as known; mentioning if within the territory of the state, the district, subdistrict, and bis-subdistrict.

3. Condition as to marriage; that is to say—bachelor, widower, or married man.

4. Time of entrance; mentioning year, month, and day of the month.

Enactive. Ratiocinative. Expositive. Exemplificational.

Art. 8. For obviating the confusion and misconception liable to be produced by the case where persons, two or more, are known by the same name,—in another column in the same line will moreover be entered a word, or figure, expressive of the place occupied by the name of the individual in question in the list of the individuals, if any such there be, before him, bearing the same name, as per this or any other Port Register. Also another word, expressive of the name of the port in which such other register is kept.

Thus, suppose Portsmouth the port, and Peter Porter, the name common to two individuals, whose names have been entered in the same year. In this case, Peter Porter, with no other addition than that of the year and Portsmouth the port of entry, being the designation of the one who was first entered, Peter Porter the second, with the addition of that same year and the port, will be the designation of the one who is next entered: and so on.

Enactive.

Art. 9. By the individual himself, in so far as able, will be written, the words expressive of his time of birth, place of birth, and condition in respect of marriage: if not, by the registrar, the individual making his mark, to which will be subjoined the words hismark, together with an attestation by the signature of at least one disinterested witness present at his making the same.

Enactive.

Art. 10. Of the entry thus made, exemplars, as per Ch. viii. Prime Minister, Section 10, Registration System, taken in the manifold way, will, at the same time, be disposed of as follows:—

1. Delivered to the individual, one.

2. Delivered to the person in command of the ship for which he is engaged, one.

3. Transmitted to the office of the Navy Minister, one. Also, delivered or transmitted to the persons or offices in question, any such other exemplars as the Legislature may have seen reason to ordain to be delivered.

Instructional. Enactive.

Art. 11. So much for entrances: follows now the mode of recordation, as applied to exits.

On the leaf which is on the right side of the book, in a line with that the contents of which have just been described, will be a set of heads, expressive of the mode and time of the individual’s ceasing to be in the condition in which he was placed on entrance. Examples are as follows:—

I. Killed. Sub-heads, under this the following—1. Day of death.—2. Place of death.—3. Persons present, if known.—4. Place at which the wound, or other cause of death, was received. In case of dubiousness as to any point, annexed will be the word Dubious, or the syllable Dub.

II. Deceased, to wit, by natural death. Supposed cause of death, as per ordinary bills of mortality. Sub-heads—1. Day of death.—2. Place of death.—3. Persons present, if known.

III. Promoted. Sub-heads—1. Condition, or say, situation into which promoted.—2. Day on which promoted.—3. By whom promoted.

IV. Dislocated. Sub-heads, whichsoever be the mode of dislocation, these—1. Day on which.—2. Persons by whom. For the several modes of dislocation, see Ch. ix. Ministers Collectively, Section 18, Dislocable, how.

In the unexpectedly-received list, will be entered the names of those who, their names not appearing either in the crew’s list or in the passenger’s list as above, are, at the time of the inspection, present, and appear as belonging to the number of the crew, or to the number of the passengers, as the case may be; together with the day of each person’s reception, and the occasion on which, and cause for which, received.

Art. 39. In reviewing the contents of this and the last preceding sections, the Legislature will consider, whether in any, and if in any, in what instances,—the arrangements herein and therein proposed, in relation to the radical branch, may be applicable with advantage to the stipendiary branch; and in what instances the arrangements so proposed in relation to the sea-service may be applicable, with advantage, to the land-service.

Section XVIII.

Collateral Employments.

Expositive.

Art. 1. By collateral employments at large, understand such as are so with reference to, and are by this name distinguished from, others, considered as the employments mainly, or say principally, carried on by persons belonging to the class in question.

On the present occasion, the employments considered as the main, or say principal employments, are those which are termed military, and consist in the use of arms, offensive and defensive, whether in actual combat against an enemy, or in the performance of any such manipulations or evolutions as are performed, for the purpose of learning how to employ such arms against an enemy with most advantage.

By collateral employments for military men, understand any such non-military employments, as are considered as capable of being performed with advantage to the state, by men belonging to the stipendiary branch of the Defensive Force, under the direction of the Army and Navy Ministers respectively; those Ministers acting on the occasion under the direction of the Prime Minister.

Expositive.

Art. 2. Neither to the radical branch of the Land Defensive Force, nor to that of the Sea Defensive Force, has that which is here said of collateral employments any application.

Instructional.

Art. 3. Leading principles serving as sources of rules applicable to this subject, are the following:—

1. The aptitude-maximizing.

2. The contentment-maximizing.

3. (Incidentally) The inequality-minimizing.

4. The expense-minimizing.

Instructional. Expositive.

Art. 4. In the stipendiary force, what is necessary is—that of each individual functionary, the whole time should be at all times at the command of Government: what is not necessary is, that at all times it should be actually employed either in actual war service or in war exercises. Here then, of that which is not necessary for either of these two purposes, is composed the quantity of surplus time, capable of being applied to employments at large, which, with reference to the main and characteristic employments, may be termed collateral.

To the hours in the day bears reference the time-occupying principle, as per Section 2, Leading Principles, Art. 37: the occupations themselves, though considered as being allotted to military men acting under military discipline, being themselves other than military. To entire days in the year, and in any number, bear reference the employments here spoken of under the name of collateral employments. By the very nature of the service, it is rendered indispensable, that, during a certain season, throughout all the days in the year, as well as throughout all the hours in a day, the occupations of all subordinates should be at the absolute disposal of their respective superordinates. This season is that of actual war, with the addition of any other portion of time during which, on the part of the Government, the apprehension of nearly-impending war has place.

Instructional. Expositive.

Art. 5. In and during a season of profound peace, a portion, more or less considerable, of the aggregate time of the military functionaries belonging to the Defensive Force Establishment, will, without detriment to the service, be capable of being disposed of, according to either of two systems—the furlough-allowing system, and the employment-allotting system.

By the furlough-allowing system, or say the furlough system, understand that, according to which the military functionaries in question are allowed to betake themselves to non-military employments, on their own account respectively.

By the employment-allotting system, or say the employment system, understand that, according to which employment is given by Government to the days of the military functionaries in question, in the same manner as in time of war; during which time they are occupied in employments other than military, though it is under military discipline that these same employments are carried on.

Instructional. Exemplificative.

Art. 6. By several governments the furlough system has been customarily pursued.

1. In the Prussian service, during three-fourths of the year, permission has been habitually given to soldiers in general to betake themselves to employments non-military, on their own account respectively: and this, without any special regard to vicinity or remoteness, with reference to the places at which the corps they respectively belong to were stationed.

2. So in the service of the Helvetic Confederacy, during about two-thirds of the year.

In neither of these cases do the functionaries thus licensed receive (it is believed) any pay at the charge of government; or if any, not so much do they receive at this time as at other times: Principle, the expense-minimizing.

Instructional. Exemplificational.

Art. 7. In English practice, in some corps, the privates have been customarily permitted thus to betake themselves to employments non-military, on their own account. But, as to pay, instead of being made—the whole or any part of it—to cease, it has been supposed to find its way into the pocket of this or that superordinate. Principle, not as above, the expense-minimizing, but the expense-maximizing: this being the principle which, under matchless constitution, is, in every department, and every subdepartment, the all-ruling principle: the aggregate of the expense constituting so much profit in the conjunct hands of the ruling one and the subruling few.

Instructional.

Art. 8. As to collateral employments, that which in relation to them is desirable is—that in this as in other cases, those should be chosen, if any such there be, by the practice and pursuit of which appropriate aptitude, with reference to the main or say principal employment, promises to be kept up and increased, or at least not diminished.

Rule. For collateral employments, other considerations being equal, choose in preference such as, with reference to the main employment, are aptitude-increasing and subsidiary: the practice of the collateral occupation contributing to make then more and more fit for the performance of the main one.

Instructional. Expositive. Exemplificational.

Art. 9. Of such appropriate-aptitude-increasing employments, conducive to the formation, preservation, and increase of the qualities of intrepidity and activity, as per Section 10, Remuneration, Art. 24, examples are the following:

Example 1. Occasional employment in acting in aid of the Preventive-Service Establishment; more particularly on the occasion of the application made of it to the prevention or suppression of delinquency accompanied with violence: as to which, see Ch. xi. Ministers severally, Section 5, Preventive-Service Minister.

Instructional.

Art. 10. Note, however, that only occasionally and by accident, can this species of collateral employment be furnished. At all times, for the service of that subdepartment as of that of every other, functionaries must be kept provided, in number sufficient for ordinary occasions. Only on this or that extraordinary occasion, can there be demand or use for auxiliary force from this quarter or any other: and it may be that no such extraordinary occasion shall ever have place. The extraordinary occasion will be—when, by some extraordinary occurrence, the standing provision made has been rendered inadequate.

Instructional. Exemplificational.

Art. 11. Example 2. Preventive service, specially applied to the collecting of the Revenue, under the authority of the Finance Minister: to wit, in cases where the number of co-offenders is liable to be so great as to produce a demand for aid from an armed force. So far as any defensive force functionaries are thus employed, the Army or Navy Minister’s subdepartment, as the case may be, lends its aid to the Preventive-Service Minister’s subdepartment, and the Finance Minister’s subdepartment, one or both.

Instructional. Exemplificational.

Art. 12. Example 3. Service in the character of Prehensor, on the execution of a Prehension mandate issued by a Judge, for the prehension or say arrestation of individuals, on the occasion, and for the purpose, of judicial procedure: as to which see Ch. xxviii. Prehensors, and Procedure Code, Prehension, Ch. xxii.

Instructional. Exemplificational.

Art. 13. Of collateral employments, adapted to the situation of land stipendiary defensive-force functionaries, and to the keeping in exercise the qualities in Section 10, Remuneration, Art. 24 mentioned, that of intrepidity excepted,—examples are the following:

I. Employments consisting in the performance of operations actually contributory to the service of the defensive-force subdepartment, though without danger to the operator.

1. Keeping on foot, or improving or enlarging, fortifications of fortified towns or ports.

2. Keeping on foot, or improving or enlarging, by land, or water, or both, roads for military purposes.

3. Keeping on foot, or improving or enlarging, naval works of the stationary kind, such as ports, breakwaters, slips for the construction of navigable vessels, docks for fitting out and repairing them.

II. Employments consisting in the performance of operations on subject-matters of the same kinds as the above, but applied to other purposes.

4. Roads—land roads.

5. Water roads, including purely natural, to wit, rivers and lakes; artificial, to wit, canals.

6. Bridges and underground tunnels.

7. Dykes and embankments.

Instructional. Exemplificational.

Art. 20. Of representative democracies in which, by extension given to the mass of Land Defensive Force, a reasonable promise seems to be thus afforded of a continued addition to the stock of morality and happiness,—examples are the following:—

1. Late Spanish America, throughout.

2. Late Portuguese America.

3. Haiti, and other hot countries in general, which have not yet made advances in civilisation equal to those made under the advantage of more temperate climates.

Art. 21. So even Greece, (although in this instance the circumstance of temperature, as per Art. 16, has not place:) the moral character having, by oppression inflicted and endured during so vast a length of time, suffered that moral depravation, which on the part of slaves on the one hand, and that of masters on the other, is the unhappily certain fruit of slavery.

Section XIX.

Concluding Remarks.

Instructional.

Art. 1. For the consideration of the Legislature and the subordinate authorities, it will be—what instruction may be derivable from the practice of other states and other times: in some instances the practice, although carried on with advantage then and there, will be found to be inapplicable here and now: in other instances, not.

The cases in which it will be found inapplicable, are mostly those in which the applicability depends on the state of the mind.

The cases in which it will be found to be applicable, are those in which it depends on the state of the body.

Of cases in which, it being the condition of the body that is in question, the applicability may be found to have place, example is the following:—

1. Weight which a soldier is capable of habitually carrying about him.

Weight which, according to Vegetius, the Roman foot soldiers were accustomed to carry, sixty pounds.

State in respect of maturity of age being the same, no reason appears why by a Roman at the present day, or a Frenchman, or an Englishman, the same weight should not be carried.

On the other hand, in the armies of modern times, men are admitted at ages less mature than into the Roman armies of those ancient times. The reason depends on the nature of the armature. For making use of the fire-arms in modern use, less strength is necessary than for making use of the cutting weapon and shield employed by foot soldiers in those ancient times.

Instructional.

Art. 2. Cases in which applicability depends on the state of the mind. For examples see Section 4, Stipendiaries, who; Art. 14, Ranks; Art. 19, Distinction between Ordinaries and Erudites.

In those days, in respect of martial instruction, the difference was small between rank and rank compared with what it is at present. Almost completely unknown in those times were the branches of art and science, on which, for the artillery and engineer armature-classes, appropriate aptitude in so high a degree depends.

Instructional.

Art. 3. Number of the grades. Supposing it ascertained that the number of grades in European service in general, and in English service in particular, is greater than needful, it would not follow that it could with any advantage, or even without utter ruin, be rendered so small as it was in the Roman service in ancient times.

In modern times the state of society and the nature of the armature combine in enabling commanders to employ detachments of small numbers on many different occasions for many different purposes: and consistently with the common safety and the accomplishment of the purpose, whatsoever it may be, no detachment, how small soever, can be without its commander.

On the other hand, in the ancient times in question, comparatively speaking, there was scarcely any action but in the largest bodies. The whole of the force collectible at the time on one side, met and encountered in a body the whole force collectible at the time on the other side.

SUPPLEMENT.

Section I.

Composition of troops (Infantry) in English Service.

The Company.

Unit, is the private.

5 privates and }	=a squad	{ Commanded by a corporal.
1 corporal }
10 privates and }	=a half-section.	{ a serjeant.
2 corporals, }
20 privates and }	=a section	{ a subaltern (lieutenant, 2d lieutenant, or ensign.)
4 corporals, }
2 serjeants. }
80 privates and }	=a company	a captain.
16 corporals, }
8 serjeants. }

The Battalion.

8	companies;
with 8	captains.
16	first lieutenants,
16	second lieutenants.

Commanded by a lieutenant-colonel; each half-battalion of four companies, occasionally by a field-officer, (major.)

The office of colonel, as distinguished from that of lieutenant-colonel, is null, or at all events nominal. The colonel of a regiment is always an officer of the rank of general; who derives certain emoluments from the office, but is never required to be present with the regiment, the lieutenant-colonel being in all respects the responsible officer.

2	battalions=a brigade, commanded by a brigadier-general.
2	brigades=a division, commanded by a lieutenant-general.

Section II.

*On Courts-Martial.**

A general Court-Martial in the British service consists of thirteen members at least, usually fifteen, to make allowance for sickness or other contingency.

The senior of these is President.

To him, by name, the commander, under whose authority the Court-Martial assembles, directs the warrant to assemble and try.

The Judge-Advocate is also named in the warrant.

The other members are not named, but selected by the commander, or taken from the roster at his pleasure.

The President must be superior or senior to all the others, and in case of his sickness or death, it is presumable that the next senior would officiate. Of course no man ought to vote who has not been present from first to last: though this is not so clearly defined as it should be.

The Judge-Advocate is often a civilian, or common lawyer—often a military man, selected without necessarily proving any fitness.

He holds his place at pleasure, and if a military man, his commission also, like all the members of the court.

He is paid by a per diem allowance from date of the warrant assembling the Court, till the sentence is finally returned approved by the commander who summoned the Court (or his successor in the command.)

The Judge-Advocate’s functions are diversified and incompatible. He has all the influence: but the President (backed by the court) all the authority, saving the Judge-Advocate’s right to record his opinion and dissent on any point of form, at all times, on the proceedings.

The Judge-Advocate is public prosecutor, representing the State.

He prepares the “crime” (indictment) examines for the crown, chief and cross.

Sums up, after all the proceedings for the defence as well as prosecution are closed, in an address to the Court, who, President included, then become a jury.

The Judge-Advocate is the adviser in law, and conductor of all the proceedings; though the Court is not bound to follow his counsel, and though the President is always professedly addressed as the chief authority present.

Lastly, the Judge-Advocate is supposed to be counsel for the prisoner; but the prisoner frequently provides (if an Erudite) a lawyer as his amicus curiæ, and he suggests the questions to be put to evidence—the points of law and fact that arise incidentally—and by a fiction (for lawyers quâ lawyers are not recognised in Courts-Martial) obtains leave to “read the prisoner’s defence.”

It is plain that in most cases, the Judge-Advocate must be possessed of tremendous influence and power, and must be everything in such a court. How is it then, that beyond doubt, Military Courts-Martial lean strongly towards the accused, and often baffle power and persecution?

The reason may be found perhaps in the sympathy excited by the total helplessness of one of the Court’s own class, exposed thus to such tremendous odds; and the means are clear enough, whereby this merciful (and sometimes erroneous) tendency is gratified—namely:

The secrecy of individual votes and opinions. This secrecy pervades every important proceeding of a Court-Martial. At any stage, any member has a right to “clear the court” of all, save President, members, and Judge-Advocate. The clearer then propounds his objections to any matter of law or procedure, to any question put or answer received, in short to anything.

The Judge-Advocate may record any opinion or objection he chooses, to the resolution taken by the Court; but the debate is concluded with closed doors.

The majority decides.

No record is made upon the minutes, of opinions or votes—the proceedings simply state the fact that the Court was cleared and opened again, the Court having ruled so and so. The President and members, as well as the Judge-Advocate, are bound by their oaths to secrecy with respect to the vote or opinion of any particular member of the Court.

This secrecy is the grand safety-guard of every prisoner. It has many of the advantages of ballot; and its only disadvantage of much note perhaps is, that no record is thus kept up of the reasons that swayed Courts in deciding important points of law and proceeding. Thus future Courts have no benefit from past decisions: they only know the naked facts. Perhaps this is not without advantage, considering the mischief done by precedents in the administration of law; but there is a great difference in this,—that regular Judges and lawyers have all a fellow-feeling and a common comedy to perform, and therefore bend, or affect to bend, to previous dicta; whereas the tribunal called a Court-Martial, uniting the functions of Judge and Jury, is taken, for each occasion, out of the mass of Erudites; and the occasions being but rare, each member is generally full of his vocation, and inclined to exercise the portion of power vested in him, fairly for the public weal.

Thus little difference exists in the temporary Judge-Juror’s opinion of to-day, from that of the plain man of yesterday; and thus it is, that only a few broad matters of law, procedure, and evidence, have come to be “ruled points.”

A great loss of time certainly follows this necessity of arguing everything de novo: so far this state of things is matter of regret.

A greater, because invariable, loss of time, arises from everything whatever in the proceedings being conducted in writing. Except the conclave discussions, all evidence is minuted,—opening—defence—summing up, likewise. This must be, so long as the sentence and verdict of a Court-Martial are not final, nor anywise operative until they have received the approval of the Commander who assembled the Court, or his successor; and who may correspond with the Court and the Judge-Advocate, pointing out what they should do—ordering them to reassemble and revise their “sentence,” (not “proceedings,” but “finding and sentence” only,) once, or as permitted by the letter of the Article of War, twice.

No such power exists in the navy. There, the Court’s finding and sentence are unalterable, and pronounced in court—the execution or staying of it, or commuting or pardoning, being in the competence of the Admiralty alone.

No other power should exist in the army, and then proceedings might be abbreviated. The shortest General Court-Martial now takes up several days; every question, even from a Judge-Juror, being in writing.

No sentence of death can be pronounced unless two-thirds of the Court concur in it. This comes into collision in particular cases, with the rule that the verdict, of guilty or not, is first declared by the same Court quâ Jurors, and by a bare majority; while a subsequent vote is taken distinctly as to the question of pure law; i. e. the sentence applicable to the finding of “guilty.” This second question is settled by a bare majority, save in two or three articles:—mutiny—forcing a safeguard—and cowardice are the articles in question [see Annual Articles of War]—where death is the sole punishment—no discretion allowed—yet two-thirds must concur. Suppose out of the thirteen necessary members, six against, seven find guilty of mutiny. The law is peremptory as to the punishment of death; but yet nine against four must concur in this sentence. Whence will come the two in addition to the seven, required? Not, certainly, out of the six who dissented from the verdict of guilty.*

The anomalous things above pointed out do not occur often—1. Because the penalties of most articles of war in the Code admit of great latitude—Death or such other punishment as a Court-Martial “shall award”—“Such punishment”—“Corporal punishment”—“mulcted in such proportion of his pay,” &c. &c. Such is the usual phraseology.—2. Because, both in the “finding,” and in the “sentence,” the same species of majority, viz. a bare majority, suffices in most cases. This latitude of “arbitrary punishment,” as the Scotch lawyers have it, is bad: yet it is not easy to say what can be done, where scarcely any of the offences legislated for are mala in se, but almost all mala prohibita only.

In England, none but Erudites are privileged to sit on Courts-Martial, whether general or regimental. In the navy, none under the degree of Post Captain (i. e. Lieut. Col. in the Army;) an absurd rule, originating in days when men of very inferior knowledge and education filled the lower Commission of Lieutenant, which corresponds with Captain in the army. An ensign in the army is qualified to sit on any Court-Martial. None under the degree of a field-officer (of which the lowest rank is that of Major) can lawfully be President of a General Court-Martial; nor under Captain, of a Regimental Court, and this only in case of necessity.

In India, all the native officers of a battalion, (viz. one subahdar-major, ten subahdars or captains, and ten jemahdars or lieutenants) must have risen from the ranks as private sepoys.† In this class of Hindoos and Mohammedans, (native officers,) is wholly vested the delicate function of doing justice between the sepoys and the state. All the forms are the same as in British Courts-Martial. The Code almost the same.

A Judge-Advocate, the ordinary English functionary who acts in white Courts-Martial, sits in General Courts-Martial; and in “regimental,” or “garrison,” or “line” Courts-Martial, a European officer is temporarily named to act as superintending officer, with exactly the powers of a Judge-Advocate. European and native sworn interpreters are employed. Everything is reduced to writing in English, by the Judge-Advocate. Sentence is approved by the officer who ordered the Court. Matters of life and death, equally with those of the most trifling nature, are handled by these tribunals, and no complaint is ever made of their conduct. Substantial justice is always done: and, if any slight leaning exist, it is not towards their own body, but towards the State.

The minor Courts-Martial are the worst parts of the system. Until lately they acted not under any solemn sanction of oath or other asseveration, whether on the part of Judges or evidence—nay, it is not very long since “Drumhead Courts-Martial” used to be assembled, without any record of proceedings, and sanction instantaneous lashing (five or six hundred stripes) of men taken from the ranks for some sudden offence of discipline.

Sir Francis Burdett has done indescribable good in the whole field of military justice, by drawing attention to these Courts. Punishments are now of a more judicious and merciful kind—Drumhead Courts are defunct.

All Courts now meet under sanction of oath and record.

A species of more formal regimental Court, called “General Regimental Court-Martial,” has arisen to take cognizance of offences which used to be referred to General Courts-Martial. The difference is, that the new Court has a responsible person to act as Judge-Advocate, which no minor Court formerly had; and a greater number of members.‡

In the French armies stripes have ever been unknown. Count de Narbonne, before the Revolution, tried to introduce the coup du plat de sabre, in conformity to the Germanizing rage of England and France forty years ago. Thirty thousand men are said to have deserted on the promulgation of the order, and it was abandoned. The Peine du Boulet—hard labour—ignominious dresses,—imprisonment, &c., are inflicted for smaller offences; but death is often inflicted for desertion, mutiny, &c.

In the Indian sepoy army, flogging is comparatively rare, and almost solely confined to ignominious offences, theft, &c. No flogged man is usually allowed to be retained in a corps, but is turned out. It is needless to say that such an army must be animated with a very high spirit, and that such a system could only be maintained where the status of the soldier is placed very high in general estimation. And so it is.

A sepoy considers himself, and is considered by family and neighbours, a gentleman. All the higher ranks (of natives) in the battalion are filled from the lower exclusively. Pay, clothing, food, lodging, medical treatment, invalid-pension—all are liberal and quite secure; and the natives judge and punish each other by a simple though severe code of laws. If this could be done in England, instead of filling our armies with jail-birds, the same effect would follow; and, as in Bengal, fifty aspirants would follow each battalion, waiting for vacancies.

In France, it is well known how much the military morale was raised by the unsparingness of the conscription, by the open avenues between the marshal’s and the private’s situations, by the sympathy created between officer and soldier owing to those circumstances, and to that of every officer being obliged to begin as a private soldier.

In Austria and Prussia, where they count quarters and so forth, the morale of the military machine is of the lowest grade in the scale. Yet these last are at least as dangerous to liberty and humanity, as the French or the sepoys,—as ready instruments against their countrymen—their own fathers if need be.

Is it only then, when the soldiery of high military morale look up exclusively to the Executive for promotion, protection, bread, that they are dangerous? Let us hope this is so; and that it may be possible to find the two desiderata capable of coinciding—namely, a high military feeling among the soldiery, with a preference of country, liberty, public rights, in case of collision, to the will of one.

To compass this, measures must be systematically devised to make the few stipendiaries cease to consider themselves as servants of the Executive alone, paid by it, promoted by it, dependent on it. But all this, though perfectly feasible in a really free country where representation of the people is substantive, cannot co-exist with an overshadowing aristocracy and an unreformed Parliament.

Our English volunteers might, in a political panic or other epidemy, have by accident taken part with a sovereign or minister in a direct attack upon such liberty as was possessed by their countrymen. But this delusion could not have long subsisted. So the thirty battalions of the French Parisian National Guard; 12,000 of whom long survived all political changes. So the American militia and regulars in both wars.

Remarkable fact—that in India, where the English pretend they cannot introduce criminal or civil native juries—they have introduced them from the very origin of their power—seventy years ago, in the sepoy service. No sepoy can be punished in any way but by sentence of native officers, all of whom are of his own colour and caste, and all have served for many years as private soldiers. The thing has completely answered in practice, by universal consent.

Subsidiary Observations by the Editor of the Original Edition of the Chapter on Defensive Force.

The Editor of the Chapter on Defensive Force has been offered the opportunity of appending such subsidiary observations as may appear to bear upon its general object.

He is desirous of stating, that all which is thus introduced is on his own responsibility, and in no degree involves the authority of any of the rest.

Art. 1.

On different descriptions of Land-service Defensive Force.

First in order of institution, and principal in point of magnitude, must always (or with such inconsiderable exceptions as scarcely to permit notice) be the service of Infantry.

The first instinct of man is to take care of himself. The earliest efforts of men on foot combined for war, will consequently, (and more especially where the missile weapon is one of great power and effect,) be in open or dispersed order; in which, though there may be a considerable degree of unity of operation, (as, for example, all may advance on one particular point, and at one particular time, by the arrangements of one or more leaders,) the result will be the sum of the efforts of individuals acting under the guidance of their individual courage and intelligence, rather than of discipline. Of such composition, in a great measure, were the earliest armies of France in the Revolution: such also were the Vendeans opposed to them in the West.

But when a considerable number of experiments have been made in this kind of war, it begins to be generally found out, that great effects are produced in favour of whichever side can induce large bodies of men on foot to act together with closed ranks, and thereby form themselves into compact military machines, moved and directed entirely by the will and intelligence of individual commanders. Such bodies may not supersede and totally remove the utility of the other previously-described species of force; but they are found to be immense additions to its efficacy. In short it is determined by experience, (by which everything else in this world is determined,) that a certain, and this a very large proportion, of a regular army of given numerical strength, will produce an increased result in the shape of power, by being trained to fight in close order.

What is close order, must be determined with relation to the species of arms in use. The ancients thought of nothing less than sixteen deep; because though they were not absolutely without machines approaching to the nature of artillery, these were feeble, difficult to move, and on the whole comparatively inefficient. But when armies came to be exposed to such powerful agents as modern artillery and musketry, their ranks were speedily reduced to three. For, in addition to the havoc made by the modern missiles on bodies of deeper formation, it was discovered that in no ordinary circumstances could more than three ranks employ their own missile weapons at the same time; so that, so far as the combat was to be decided by these, any ranks above three were non-effective.

When fire-arms were first introduced into armies, it was natural that an over-strained idea should be formed of their effects. The opinion therefore gained ground, that a combat between two armies of disciplined infantry, could be nothing but a mutual slaughter of two lines of men drawn up opposite to each other, and trying which should suffer longest. But by degrees it was discovered, that the power of fire-arms, great though it was, had been overrated. Fear, hurry, defect of vision from smoke, difficulty of hearing orders from noise, all tended to make the effect of a direct and continued fire vastly less destructive than might have been expected. And in addition to these negative causes diminishing the danger of the attacking party, it was found that in the extended positions occupied by great armies, the assailant had almost always, in some part or other of the field of action, the power of advancing under cover of peculiarities of ground or other advantages, and moreover of covering himself by troops in open or dispersed order, who could draw off the fire of the enemy at the same time that they were themselves comparatively covered or unexposed. In these ways it came to be discovered, that in spite of the effects of fire-arms, battles of infantry were, after all, in a great measure reducible to contests between bodies of men in close order, and at short distances,—sometimes so short as to employ the arme blanche (or manual weapon as distinguished from that which acts by means of gunpowder.)

From these circumstances arose the distinction between Light Infantry, and Infantry of the Line, or what in the continental armies are often collected into battalions under the title of Grenadiers. From their several uses it seems to follow,—that the first are the most easily formed, and may contain by preference those who have more intelligence than discipline, or who from youth, want of stature, or other causes, are deficient in athletic vigour: in this way also the radical force is most speedily and easily made to be an effective part of the public defence, and the defensive force of communities increased in comparison with the offensive,—a consummation evidently contributory to the general happiness of mankind. And—that the others, or Infantry of the Line, should be constituted by preference of those who, from habits, education, or otherwise, are most amenable to discipline, or least endued with the qualities favourable for the formation of irregular combatants; and moreover should be composed by preference, of men of stature and that species of strength which is operative in bodily contests.

Next of the service on horseback. When it had been discovered that bodies of infantry might produce striking military results by means of celerity of movement upon various parts of the enemy’s formation or position, it was but a small step to the observation, that this power of celerity might be obtained in a much higher degree by means of troops mounted on horseback. And the probability is, (both from general reasoning and from the contents of history,) that the earliest cavalry was considered as something very dangerous and irresistible by men on foot. One of the earliest military improvements, however, in all nations that have employed disciplined armies, has been the discovery, that so long as infantry in close order preserved its discipline and coolness, it was virtually unassailable by cavalry, or at all events could only be assailed with effect by means of such superior sacrifices as amounted in practice to the same thing; and the extent of this result has been increased by the introduction of fire-arms. When, indeed, infantry was intimidated and had lost its union and resolution,—when it had ceased to obey the directions of a presiding will, and the attention of the individuals composing it had been directed to the means of escape rather than of victory,—as, for instance, when it had been made to give way before the victorious infantry of an assailant,—then the power of a body of cavalry was found to be overwhelming. And even before the victory of the infantry was decided,—or, as it may be expressed, durante conflictu,—the rapid movement of a body of cavalry towards a point that was already vulnerable, or that was sure to become so in the event of the superiority of the enemy being acknowledged, was found to be a powerful instrument of success. In the earliest application of cavraly, therefore, the mere circumstance of velocity, or the power of rapid locomotion, may be held to have been the most important agent in the expected result.

But when cavalry had thus come to be employed as what may be called a flying-piece on the chess-board of war, it was speedily discovered, that there were many circumstances, in which the operations of the hostile cavalry could in no way be so well opposed or neutralized, as by moving against them with a piece of the same kind. If infantry, already engaged with an equal force of infantry, was disturbed by the rapid approach of a body of cavalry in addition,—or if it had given way before the enemy’s infantry, and was in the act of being destroyed by the cavalry that supported it,—there was manifestly no practicable way of moving with sufficient rapidity to its relief, except by attacking the cavalry with a body of the same kind. This, therefore, led to the employment of cavalry against cavalry. And here it was speedily discovered, that in combats of this nature, not only rapidity of movement, but strength was essential to success. In effect it was discovered, that the horse was the principal part of the machine, and that in proportion to its strength and vigour, was the power of the whole. And this led to the formation of a cavalry d’élite: which is, or ought to be, what is known by the distinctive names of Cavalry of the Line, Heavy Cavalry Grosse Cavalerie:—while at the same time there exists another cavalry, (which for distinction’s sake will be here called Ordinary Cavalry,) capable of performing the common services of cavalry, but less applicable than the other to contests where individual strength is of primary importance. If it should be asked, why all the cavalry should not be of the best, the answer is, that all cannot be of the best. The demand for cavalry will, in every war where a country shall be called upon to put forth its strength, be greater than there is a possibility of supplying by horses of the highest strength and quality. And so forcibly is this felt, that in most of the European armies there is a third kind of cavalry, intended principally for the service of out-posts and making observations; which goes under the name of Light Cavalry, and is mounted on horses of still smaller height and physical force. In the British army this last class of horses is non-existent; the quality and number of horses in the British islands, with relation to the number employed in war, being such as to allow of all the Light Cavalry being mounted on horses of the second class.

The Artillery (as before noted) is an accessory to whose agency little that is analogous existed among the ancients. Since the campaigns of the French Revolution, its importance has been greatly extended. As being the weapon which demands most science, it will be always a favourite arm, where the intelligence of nations in a more advanced state of society, is brought into opposition to the force of such as are in a less. And the greater the diffusion of intelligence, the greater will be the results likely to be derived from this arm. On the whole, therefore, the advantage is likely to be on the side of those states in which the power of self government is in the hands of the many.

The great and palpable division of artillery is into that which manæuvres, and that which does not; in other words, into Field Artillery, and the artillery used in the attack and defence of fortresses. With respect to Field Artillery, the inferences from modern wars are, First, That though it may be desirable and useful that all commanders of large divisions of the army should have certain limited quantities of artillery awaiting their disposal, the great effects of artillery are to be procured by employing it offensively in great masses. Secondly, (which is only a consequence from the other, and does not seem to have been so fully appreciated and developed as might have been expected,)—That all Field Artillery is, or ought to be, of the nature of cavalry, or what is commonly denominated Horse Artillery. Without the power of rapid motion derived from the artillery-men being mounted, it is impossible that it should perform the offices expected from it. Every man who has seen war, will have observed numerous instances in which the infantry, by reason of its greater power of surmounting obstacles, could get over the country faster than the cavalry,—still more, than the artillery. And the only way to enable the artillery, in even the ordinary circumstances of action, to keep up with the infantry,—is to give it the power of compensating for obstacles, by exerting the velocity of cavalry after they are overcome.

Next in importance to the artillery-men being mounted, is the simplicity of calibres. The calibres of field artillery might apparently be reduced to two;—ex.gr. the calibre of six pounds for the long gun, and of twenty-four for the howitzer intended to act with shells in positions which do not admit of direct fire. An observation deducible from tables of artillery practice, and which appears to have been much overlooked in the construction of modern artillery, is that (within certain limits) the weight of metal in a gun being supposed fixed, the effect for field service, or in other words for acting against men and horses not covered by fortifications, will be greater when the given quantity of metal is formed into a gun of smaller calibre, than into one of greater. For proof, reference is had to the tables; showing, that of two guns circumstanced as above, the smaller calibre absolutely sends its single or round shot farther with the elevations in ordinary use, and moreover expels a greater quantity of the small balls called grape at a single discharge,—which is explained by the gun’s being comparatively stronger, and enduring a comparatively greater charge. Hence, if, as may often be the case with a Defensive Force, there should be a necessity for opposing a field artillery of brass with one of iron, (in which the inferiority of the iron is, that to obtain the same strength, the weight must be increased from a third to a half,) the best way of diminishing the disadvantage will probably be by diminishing the calibre. This, therefore, is an observation tending to increase the efficiency of defensive force.

It is evident that horse artillery, considered as a species of cavalry, possesses precisely those qualities which the other cavalry has not. It can convey to a given point the faculty of overwhelming, or helping to overwhelm, a body of infantry; and when it is in combination with cavalry, the same necessity which obliges the infantry to form squares to resist the cavalry, exposes it to destruction from the artillery. Horse artillery, therefore, in localities favourable to its action, has tended to give the advantage to cavalry over infantry; or, in other words, to confine the superiority of the infantry to localities not adapted for the movement of large masses of horse artillery.

A difference discernible between horse artillery and other cavalry is, that horse artillery has the most marked power of deciding victory; cavalry, of improving it.

The use of foot artillery (or artillery where the artillery-men are not conveyed on horseback) appears to be with propriety limitable to the attack and defence of fortresses. It is, therefore, in reality, part of the science of the engineer: or—the sciences of the attack and defence of fortresses, and of the use of heavy artillery, should be combined in the same individuals.

The use of fortresses in modern war appears to be reducible entirely, or nearly so, to their effects upon communications. For example, a fortress which secures a certain passage to the possessor, and enables him to exclude his enemy from the same passage, is of the same value and effect as the possession of a gate, which lets in one man and keeps out another. It is in just continuation of this metaphor, that a fortress is sometimes styled “a key,” “the key of a country,” &c. A fortress which is the key to nothing, is in modern military estimation worth nothing, and would be better dismantled. Many ancient fortresses are thus situated, and therefore have been abandoned. But to have any effect in the way of a key, a fortress must be connected with some extensive local obstacle or difficulty, as for example, a river, or a chain of mountains. If there is to be a gate, there must also be something of the nature of a wall: for a fortress in an open country, or on a plain of ice, would be like a gate where there was no wall.

The idea that fortresses might operate as checks to an invading army, by the fear of the effect of their garrisons upon its rear, may be considered as obsolete. If a hundred thousand men retire before a hundred and twenty thousand, and as the means of checking the enemy, throw fifty thousand into fortresses,—the consequence only is, that even if the enemy leaves fifty thousand to watch them, the inequality of the active forces that remain, instead of being as five to six, will be in the proportion of five to seven, which is worse than before. But the invader will not leave fifty thousand. He will contrive that, for instance, thirty thousand, collected into larger bodies than the garrisons of the divided fortresses, shall keep the latter in check, and be ready to fall with a superior force on the first that ventures beyond it walls; and the difference (twenty thousand) he will add to his former superiority in the field, making the final proportion that of five to nine. Fortresses, therefore, considered merely as places of shelter, are not a source of strength to a retreating army in operations on a large scale, but the contrary. But as keys to communications, fortresses have a very considerable effect, though less than was anciently attributed to them. A fortress that can stop up a point of passage for a certain period against all opposition, may oblige an invading force to lose time in taking a circuitous route; and several fortresses of the same kind in succession, may cause the loss of time to amount to some weeks—and a week’s greater or less delay may determine the fate of a nation. Hence there is a substantial use of fortresses, and there is an imaginary one; and it is the business of statesmen and commanders of armies, to distinguish one from the other. And this proper use of fortresses is evidently an important consideration in relation to Defensive War.

Hitherto the subject has been that of different armatures or modes of arming, or what the French distinguish more briefly by the word arme. The next is, of the mode of applying them. And these two subjects have manifestly a degree of inter-connexion with each other. Arms of a particular kind are chosen, from an opinion that they are the most effectual for the conduct of war; and war is conducted in one certain manner and not in another, in consequence of a reference to the nature of the arms in use.

The great division which presents itself in this place, is the division into tactics and strategics. It is remarkable, that after all that has been written on the military art, men in general have not yet come to a clear and vernacular comprehension of the difference between these two things. Even Jomini (the last military author of name, and the only one who has written intelligibly on the rationale of the movements of armies* ) is not clear upon it. Tactics (from τάσσω ordino), are the preparation of the instruments. Strategics (from ϛϱατὰ[Editor: illegible character] [Editor: illegible character]γω) are how to apply them after they are made. To mix colours, prepare canvass, and choose brushes, may be said to be the tactics of a painter. Strategics are how to paint. To know how to form columns, lines, to advance, to retire, &c., is tactics. To know when to form columns, when lines, when to advance, when to retire, &c., is strategics.

There may be a small tactique and a grande tactique—a tactic of companies, and a tactic of regiments, and a tactic of corps d’armée—a tactic of infantry, of cavalry, and of artillery; but they all agree in the definition given.

The divisions existing in strategics were never clearly developed, till it was done by Napoleon. The strategic of battles was indifferently well understood before his time, and had received great improvements, as connected with the modern weapons, from the King of Prussia; but the rules for the direction of forces at a distance from the enemy, were in a very different state. The leading principle of this strategic of battles, may be stated as derived from the fact, that when a force drawn up (as in the greater number of cases, since the invention of fire-arms, forces must necessarily be drawn up) in long thin lines, was attacked by other forces which had placed themselves in the direction of the smaller dimension of the line, or in other words upon one or both of its flanks, it was almost sure to be defeated; or at all events the chances were greatly against it, unless counterbalanced by extraordinary activity in the commander and resolution in the troops. And the reason of this was, evidently, that bodies thus attacked in the direction of their smaller dimension, are under an incapacity of offering any effectual defence or opposition, without, at all events, a change of position to prepare for it; and this change of position, when to be effected under the pressure of an enemy and because the enemy makes it necessary, is a very dangerous operation, and almost sure to end in disorder and rout. What was established therefore was, that in respect of positions in actual combat, the central position was the dangerous one, and to occupy the circumference of the circle (or in other words to surround or turn the enemy) was the desirable one. And here began the mistake, which Napoleon was born to correct, and conquered the European continent in setting right. What was true of bodies of troops in positions of actual combat, was assumed to be true of bodies at great distances from each other. Because an army was in a dangerous situation when it had another army on each of its flanks within cannon shot, it was assumed, that an army in Germany was also in a dangerous situation, when it had one army on its flank in Italy, and another in the Netherlands. The First Consul was the discoverer of the fallacy contained in this assumption, and of the true principle of what may, for distinction, be called the grande stratégique, or mode of directing the movements of armies at a distance from the enemy; and he made thereby the same kind of revolution in war, that Copernicus did in astronomy. He saw clearly, that so long as there was distance enough for the central army to have time to concentrate its operations on one of the divided forces on its flanks, without its movement being instantly discovered and interrupted by the pursuit of the other—the chances were all in favour of the force occupying the central or interior position. And this (though other causes combined and aided) was the leading source of his military success, so far as it depended on the movements of armies. When his enemies had by experience become acquainted with his system, they endeavoured to paralyze it by withdrawing before him without fighting; so as to disappoint him in the object of his movement, which was to destroy a part,—and thereby leave him no result but the labour of his march. And this was attended with considerable effect, in the particular circumstances of Napoleon; because time and victory were precious to him at that period. But it does not follow that the same system is applicable to general use. Where circumstances on the two sides approached to equality, the very practice of the retreating system would be an avowal of inferiority; and the commander of the other army would find opportunities of so directing his movements, that to retreat before him should lead him to some object equivalent to a victory.

It may appear matter of interminable regret, that such a discovery, which proved itself capable of changing the face of Europe, should have produced so little benefit to mankind at large. But the results are yet to come. The discovery of Napoleon has decided the ultimate independence of nations, by demonstrating that the most civilized and liberal portion of Europe, possesses the good military position against the less civilized powers which surround it. If France, for example, should ever again be attacked by such a coalition as at the commencement of her Revolution, the military principle developed by Napoleon would give her almost the certainty of repulsing the invaders, and finding the way to their capitals in return.

A practical inference of smaller extent is, that in the case of a national resistance in circumstances like those of Spain when it rose upon the French forces dispersed over the country in 1808, the object of the insurgents should be to unite concentrically into masses superior to the separate masses by which they happen to be surrounded, and then assume the offensive without a moment’s delay, for the purpose of overpowering their enemies in detail; repeating the same process of concentration and attack, as often as circumstances shall direct. The first part of the contest must in fact be a race, to see which side can execute this kind of process with most celerity and vigour.

Art 2.—

On the Rifle, for Defensive Force.

It has been asserted that the invention of bombs decided the superiority of standing armies over citizen levies, and gave a blow to civil liberty in most of the states of Europe. The invention of the rifle appears calculated to reverse the superiority.

On this head, question may be the following:—If an army of citizen defenders were opposed to an invading regular force, in such numbers on the two sides respectively as should balance the difference in the habit of acting in organized masses, and make the chances equal,—would not a relative advantage be given to the citizens, if both sides were to receive the power of arming themselves with rifles at discretion, with time for learning the mechanical use of the instrument?

It may be maintained that there would:—1. Because, the citizens being the greatest number, the sum of all the additions that could be made to the efficiency of individuals on their side, would be greater than the sum on the other.—2. Because the additions to the power of the individual citizens, are in the same direction in which the advantage of the aggregate lay before: but the additions to the power of individuals in the regular force, (if extended beyond the comparatively small number who might be employed as irregular combatants before,) are in a different direction, and consequently for every addition to the strength of the aggregate in one direction, there is a diminution in another. Or if it be clearer, say—the tendency of the change upon the whole, is to transfer the mode of combat from that in which the regular force has most advantage, to that in which the citizens.

The Aide-Mémoire for the use of the French Artillery (edition of 1819) contains the only known statement of the relative powers of the rifle and the common musket.

The result of experiments there stated is, that the superior efficiency of the rifle (circumstances for and against, all taken into account) is, in situations appropriate to its use, as thirteen to five.*

For practical evidence of the effect of the rifle for Defensive Force, reference may be had to America. Who will make any permanent impression on the United States, with their population of riflemen? Who would dictate forms of government to France, if, in addition to her stipendiary army, she had an equal number of volunteer riflemen from her radical force?

Art. 3.—

On Military Economy.

A point which may be usefully insisted on, in connexion with a treatise on Defensive Force, is the great economy, so far as relates to the Stipendiary branch, of having everything of the best that is procurable.

Take for example the armature of the Infantry. The cost of an infantry-man in the Stipendiary branch, including pay, clothing, food if supplied distinct from pay, and armature with the common musket, is ordinarily estimated at £30 sterling (750 francs) a-year. The cost of an ordinary musket is about £1 sterling, and that of a rifle is, on a large estimate, £10; hence, if the rifle is supposed to last only fifteen years, (which is much under the truth,) and to require renewing continually at the end of that period, the additional expense of arming and keeping a man perpetually armed with a rifle, with due calculation of the value of money at five per centum, may be estimated as equal to a continual payment of £1 per annum. Hence, by a nation which has considerable capital at command, thirty riflemen may be raised, armed, and permanently kept on foot, for the same expense as thirty-one common infantry-men. But it has been shown that, in appropriate circumstances, the advantage of the rifle over the common musket is as 13 to 5. Hence, if riflemen are raised to the extent that can be employed under such circumstances, and to no greater, 5 of these riflemen will be as useful as 13 men with muskets: or, preserving the same proportion, 30 riflemen will do the service of 78 common infantry-men. But 30 riflemen are only the expense of 31 of other infantry. The expense, therefore, of 47 infantry-men out of 78 will be saved; or a given expense will be applied, with an increased final result in the proportion of 78 to 31, or upwards of 5 to 2.

In the same manner a cavalry soldier is ordinarily supposed to cost about £75 a-year. Let the horse be assumed to last on an average six years; and let the question be, of the effect of adding £20 to the purchase-money of the horse. The additional cost of purchasing and from time to time replacing such a horse, may (with allowance for the interest of money as before) be rated as equal to a continual payment of £4 per annum. Hence 75 horse soldiers mounted in the improved manner, may be maintained for the same expense as 79 of the other; or by striking off six or eight men and horses per squadron, the regiments of new cavalry will cost no more than the old. The question therefore will be, whether for certain services, such squadrons will not be more effective, than squadrons of the common kind with six or eight men and horses more in each; or whether the efficiency of the new squadrons, with equal numbers, will not be increased in a greater proportion than that of 79 to 75.

On the same principle, if it was proposed to give the rifle to a portion of the mounted troops, the comparative expense would only be in the proportion of seventy-six to seventy-five.

These considerations throw light on the expensiveness of anything that is inferior, in a permanent or Stipendiary force.

In the arming of the Radical force, the economy of using the improved instrument is not so demonstrable, nor so reducible to practical effect. If every man of military age in the United States of America can be induced or obliged by law to arm himself with a musket of the cost of £1, it does not follow that it would be feasible or proper to direct him to arm himself with a rifle of the cost of £10. But still, the advantage derivable from the weapon in the proportion of 13 to 5, is capable (more especially in a time of public alarm) of being held out as an effectual inducement to a great number of individuals, to arm themselves voluntarily in the improved manner.

CHAPTER XI.

MINISTERS SEVERALLY.

Section I.

Election Minister.

Enactive.

Art. 1. To the Election Minister, under the Legislature and the Prime Minister, it belongs to give, at all times, execution and effect to the matter of the Election Code, to wit, as to the mode of filling the seats in the Legislative Chamber, and as to the mode of filling the seats in the several Sub-legislative Chambers.

Enactive. Expositive.

Art. 2. To this purpose, it belongs to him to exercise,—as to all persons, in so far as employed in any part of the business of any of the several elections by which those same seats are filled, the locative, suppletive, directive, and dislocative functions;—as to his own office, the self-suppletive function;—as to things, in so far as thus employed, in conjunction with the Finance Minister, the procurative, custoditive, applicative, directive, reparative, transformative, and eliminative functions;—as to persons and things, the inspective;—as to persons, things, and occurrences thereto belonging, the statistic, recordative, publicative, and officially-informative;—as to states of things, ordinances, and arrangements, the melioration-suggestive. Concerning these functions, see Ch. ix. Ministers collectively, Section 4, Functions in all, Art. 44 et seq.

Instructional.

Art. 3. For the whole of the process by which these seats are filled, see the aforesaid Election Code. Section 8. [Works, vol. iii. p. 577.]

Section II.

Legislation Minister.

Enactive. Expositive.

Art. 1. To the Legislation Minister it belongs to render to the business of the Legislational Department, service analogous to that which, by the aggregate of the operations of the several other Ministers, with the exception of the Election Minister, is rendered to the business of the Administrational Department.

Enactive.

Art. 2. To this purpose, it belongs to him to exercise, always in subordination to the Legislature, the functions following: for the explanation of which, see above, Ch. ix. Ministers collectively, Section 4, Functions in all,Art. 44 to 70.

I. As to all persons employed in any part of the business of his office:—1. the locative—2. the suppletive—3. the directive—4. the dislocative.

II. As to his own official situation:—5. the self-suppletive.

III. As to things, in so far as employed in, or in the business of, his office, (but not exercisible otherwise than in concert with the Finance Minister):—6. the procurative—7. the custoditive—8. the applicative—9. the reparative—10. the eliminative.

IV. As to money, also in concert with the Finance Minister:—the procurative—the custoditive—and the applicative.

V. As to persons and things:—11. the inspective.

VI. As to persons, things, money, and occurrences thereto belonging:—12. the statistic, (as to which see Ch. ix. Ministers collectively, Section 7, Statistic function,)—13. the recordative—14. the publicative—15. the officially-informative.

VII. As to states of things, ordinances, and arrangements:—16. the melioration-suggestive.

Expositive.

Art. 3. Of his procurative, custoditive, applicative, and reparative functions, subject-matters are the Legislative Archives. Of the contents of these archives, examples are, the manuscripts, books, maps, and any other imitative sketches, kept for the use of the Legislative Assembly.

Expositive.

Art. 4. So all edifices in which the Assembly holds any of its sittings; and all edifices in which are kept any of its Archives: the edifices, with the furniture thereto respectively belonging.

Expositive.

Art. 5. In particular, to all accommodations for the several descriptions of persons, habitually or occasionally present, at the sittings of the Assembly. Examples are—

I. Members.

II. Ministers, or their subordinates, or both, attending from the several subdepartments.

III. Clerks, attendant on the Assembly.

IV. Reporters, official or spontaneous, of its debates and proceedings.

Art. 28. By a clause in a portion of the law, understand any lesser portion proposed to be therein inserted: to wit, whether it consists of but a single word, or an entire proposition in the logical sense of the word proposition, or any number of propositions, or any portion of the matter of a proposition, with or without the addition of single words or phrases.

Enactive.

Art. 29. In and by such report, the proposed law will be declared to be in one or other of the three states, or say forms, following:—

I. “In symmetrical form,” as to which, see Art. 32.

II. “Not in symmetrical form.”

II. He will return it to the member in question, with a Report, expressed by the words, “requires to be drawn up anew; or, not capable of being rendered symmetrical by correction.”

III. He will return it with his Report, expressed by the words, “not capable of being rendered symmetrical within the time appointed.”

Enactive. Instructional.

Art. 35. In case of his rendering it, as above, by corrective amendments, symmetrical, as to him appears, in respect of form,—he will, in so doing, leave to the best of his judgment, the matter unchanged in respect of purport; and will accordingly not be responsible in respect thereof: at the same time, he will be at liberty by exercise given to the melioration-suggestive function, to attach to it an amendment, preceded by the words, “Amendment proposed in respect of purport.”

Ratiocinative.

Art. 36. Question. An amendment, why not receivable in any other than the symmetrical form? Answer. Reasons:—Good effects produced by it, the following:—

I. Prevention of uncertainty. When in this form, the alteration proposed to be made, is, if the proposal be adopted, actually made, the parts meant to be affected by it, being described in a manner not capable of being mistaken, certainty is the consequence: when by a fresh statute, the text of the body of law which it applies to, being left untouched, it may be matter of doubt and dispute, what are the parts meant to be affected.

II. Prevention of needless addition to the bulk of the rule of action. By every such addition, a proportionate probability being produced, of rendering a more or less considerable portion of it incomprehensible, to a more or less considerable portion of the individuals, whose interests are affected by it.

Art. 45. In such sort are these objections connected, that, in relation to them, one and the same set of answers may serve.

I. Under no existing government, has the Legislative body, as yet, been in the habit of sitting, during so large a part of the year as the half: under this code, it never ceases to sit. See Ch. vi. Legislature, Section 18, Members’ Attendance. Section 20, Attendance and Remuneration, how connected.

II. As a standard of reference, and at the same time as a model for imitation, before the eyes of persons in general, and all members of the Legislature in particular, will, at all times, have been the Pannomion, in whatever state the proposed amendment finds it. Familiar the matter, not less familiar to them, will have been the method and the expression. Amongst its objects, or say ends in view, it will have had the giving to it such properties, by which the facility of adapting amendments to it in symmetrical form, will be maximized.

III. In all but a comparatively small part of the business of the Legislative body, the Legislation Minister will have been anticipated in his operations, by a precursor, belonging to one or other of two sets of functionaries. These are—

1. The several Ministers employed (as in so far as a demand for the performance of the legislative service has place, they will be) in proposing, and, with the consent of the Legislature, carrying into effect the several fresh enactments. To the extent of this part of the business, reference to and report from, the Legislation Minister will, unless objection be made by motion, follow; and thus, these operations will not, both together, consume any sensible portion of time.

Exemplification and proof in the English House of Commons: the practice in regard to the first, second, and third readings of a Bill, in its passage to the character of a law.

Of the twelve other Ministers, each will have been continually occupied in giving the adaptation requisite to the proposed ordinances, drawn for the purpose of the business belonging to his own subdepartment: and the process of adaptation being in all cases the same process, and they having, each of them, deputes and subordinates whose assistance will, at all times, be at his command, no deficiency in respect of appropriate and adequate skill can, on their parts, in so far as depends upon practice, be reasonably to be apprehended.

In particular, in the case of the Finance Minister,—with whom, in so far as money is concerned, the several other Ministers will have to act in concert, (as to which see the several sections in which their functions are respectively enumerated,) the degree of his familiarity with the business of adaptation, will be to theirs respectively as twelve to one.

2. In the case of a proposed ordinance, proposed by and from the Continuation Committee, as per Ch. vi. Legislature, Section 24, Continuation Committee, the person by whom it is proposed, will be the functionary who, on the occasion in question, acts as the organ of that same committee. By the supposition, he will have had more than one year’s practice, in the business of giving to proposed ordinances, the required adaptation and symmetry; and to the number of years, during which he will have been habituated to this practice, there will be no positive limits.

Art. 56. In each such list, in relation to each such proposed amendment, indications will be given under the heads following:—

I. Portion or portions of the existing Pannomion, on which it is regarded as bearing: making reference to the Code, Chapter, Section, and Article.

II. Person or persons, from whom it was received at the Legislation Minister’s office.

III. Person or persons, by whom it was received.

IV. Day, on which it was so received.

Enactive.

Art. 57. Every year, within [NA] days after the last day of the last preceding year, or, if need be, oftener, the Legislation Minister will publish his periodical Amendment Calendar. Contents of it,—notices of the several amendments submitted in the course of the year, distinguishing between those proposed by motion in the Legislative Assembly, and those submitted from the Judiciary; and in both cases, between those which have been adopted, and those which have been rejected.

I. Amendments adopted, in pursuance of motions by members; adding the names, of the mover and seconder, and of the other supporters of it, if any, and of the opponents, if any; also notice of the days when adopted.

II. Amendments, submitted by Judges, and adopted: with the names, personal and official, of the proposers, and the several other judicial functionaries, through whose hands, as per Ch. xii. Judiciary collectively, Section 20, Eventually-emendative Function, Arts. 2, 3, they have respectively passed: also like notice as to the days: and of the approvals, acquiescences, or disapprovals they have experienced, as per Ch. xii. Section 20, Eventually-emendative Function.

III. Amendments submitted, as above, and rejected; with like indications, as above.

IV. Amendments, which, having been received in a symmetrical as well as ready-adapted form, from Members of the Legislature, Ministers, or persons at large, have, on motion made by members, been adopted: adding names of proposers, as well as members, and days of adoption, as above.

V. Amendments, which, having been received in a ready-adapted and symmetrical form, but not moved by members, have dropt: with names of the proposers; except in so far as the contrary has been desired by them.

VI. Amendments, which, not having been in ready-adapted or else not in symmetrical form, have, on that account, by whomsoever proposed, dropt: also with names of proposers, as above.

Enactive. Ratiocinative.

Art. 58. When, of the Pannomion, or of any of the Codes belonging to it, an edition is about to be exhausted,—to the care of the Legislation Minister, under the direction of the Legislature, it will belong, as per Art. 12, in what parts soever the corrective mode of amendment has been employed, to substitute to it the re-editive. In every re-edition, the names, as per Art. 57, will be preserved: to the end that, to the people at large it may at all times be known, in what manner as to the several matters in question these their several trustees have executed their trusts.

Instructional. Ratiocinative.

Art. 59. Grounds for the expectation, that the provision hereby made for the keeping the Pannomion clear of unsymmetrical matter, and thereby for the conservation of its aptitude in respect of form, will be effective:—

I. The option being left to every person to submit his proposed law, in the symmetrical form, no person can be at a loss to frame his proposed law, either in the corrective or re-editive mode: for, so simple is the form of applying an amendment to an already existing regulation, or assemblage of regulations, that it varies not from that, the observance of which, (in every community, in the management of whose affairs, the people at large have any share,) is habitual.

II. Scarcely in any existing code, is there any want of ordinances, to such a degree comprehensive, as that by any new ones introduced, an alteration will, in some way or other, be produced in the efficiency of some one or more of them. For, suppose, for example, an ordinance in these words—Whatsover act is not expressly prohibited by some article in this code, every person is at liberty to perform. So long as an enactment to this effect continues in force, no prohibitive law can be passed, without bearing relation to this law, and applying limitation to the efficiency of it.

III. In the present code, more than ordinary care is taken to secure, to the assemblage of ordinances contained in it, this all comprehensive quality: so, therefore, will there be in every other code enacted in conformity to it.

IV. It being by the supposition, as per Art. 19, made the duty of the Legislation Minister, to examine in this view every proposed law on its being proposed, scarcely can it be supposed that he will not, sooner or later, see on what clause or clauses of the Pannomion in its then existing state the several clauses in the proposed law bear, in such manner as to alter the effect of them; or that in penning amendments, he can be at any loss, how to keep his language conformable to that which he finds therein employed.

V. He cannot apply his mind to the adaptation of an amendment to any one clause therein, without feeling the necessity of applying it at the same time to the looking out for all such other clauses, on which it bears as above.

VI. By the knowledge that his draft will thus undergo the scrutiny of the official functionary, every person who has to draw up a proposed law, will naturally be engaged to give to it, to the best of his power, the requisite symmetry; lest, for want of it, the progress of such his proposed law, should receive obstruction, and his own deficiency, in respect of appropriate aptitude, be at the same time brought to view.

VII. All along, in compliance with the provisions in Ch. xii. Judiciary collectively, Section 20, Judges’ Eventually-emendative function, amendment-proposing Reports will becoming in from the Judiciary Department: and notices of them immediately published in the Government newspaper, as per Art. 55.

VIII. So also will the like demand be producing the like supply, by means of the local ordinances emanating, as per Ch. xxx., from the several Sublegislatures.

Thus, on every occasion, will the eyes of all persons concerned, be directed to the care of securing to the matter of the Pannomion, with the addition of any such improvements as it may lie open to, whatsoever degree of symmetry it was originally invested with.

Instructional. Exemplificational.

Art. 60. Of matters which, though properly belonging to the Judiciary Department, are in English practice exclusively and constantly taken cognizance of by the Legislative Department,—every Code, framed in conformity to this present Code, will be kept clear by appropriate arrangements. Examples are the following:—

1. Laws, applying remedy by divorce, in individual cases of adultery.

2. Laws, for authorizing change of property from one shape into another, on the occasion of family settlements.

3. Laws, for the division of common lands.

Instructional.

Art. 61. Of matters properly belonging to the local Sublegislatures, that part of the Pannomion, which contains the matter, coextensive with the whole territory of the State, will in like manner be rendered and kept clear.

Exemplificational.

Art. 62. In a monarchy, for the all-comprehensive and glaring evils attached to the arrangement, which gives to the Monarch the exclusive initiative in legislation, the obvious but sole, howsoever inadequate compensation, is the exclusion thereby put upon the confusion resulting from the possession of it, by every member in a Legislative Body. To the evils attached to this exclusive initiative, an obvious palliative is the allowing to the body, if one, and to each of the two bodies, if two, of the Legislature, faculty of making known, in general terms, the substance of any proposed law or mass of law, which it is its desire to see receive the effect of law. To allow this faculty to the body is to allow to individuals, and if no exception be made to every individual, that introductory faculty, without which the principal faculty cannot be exercised: to wit, the right of motion-making, to the effect of proposing, in substance, and thence even in terms, whatever it be, the wished-for law. Supposing the people to possess, by any means, a certain degree of influence in the legislative body,—a result, not altogether incapable of being sooner or later brought about, under such a form of Government, is a state of things preferable to that in which the liberty of giving introduction to a proposed law is possessed alike by every member.

Examples of a state of things, in which something like this effect has been brought about are not altogether wanting.

In a mixed Monarchy and a representative Democracy, the obvious, and for some time unavoidable, result, of the equal and unlimited faculty of initiation in the hands of every member, is that chaotic state of the body of the law which, under both these forms of government, has hitherto been everywhere visible.

Of this chaos, the most eminently conspicuous exemplification is that which is presented by the body of English Statute Law. With this liberty unrestrained, supposing the whole rule of action (real and fictitious law taken together) reduced within that moderate compass, within which it is not altogether incapable of being reduced,—still, sooner or later, the liberty in question, if no restraint were put upon it, would suffice, for the production of a fresh chaos.

Section III.

Army Minister.

2. Small fire-arms portable by men: as muskets and pistols, with accoutrements and ammunition.

3. Fire-arms, portable by beasts only: as horse artillery.

4. Large fire-arms, not portable, but only drawable: as cannon and mortars, with their carriages and ammunition.

5. Provisions.

6. Clothing.

7. Horses, and other beasts, ridden, or drawing.

II. Receptacles moveable.

8. 1. Baggage wagons,

9. 2. Pontoons, for crossing rivers and other waters.

III. Receptacles immoveable.

10. 1. Barracks, for lodgment of troops.

11. 2. Army hospitals.

12. 3. Storehouses.

13. 4. Fortifications.

Section IV.

Navy Minister.

Enactive.

Art. 1. To the Navy Minister, under the Legislature and the Prime Minister, it belongs, to give at all times execution and effect to the matter of the Navy Code, and to temporary orders, from time to time, in relation to navy business emaning from the Prime Minister.

Enactive.

Art. 2. To this purpose, in regard to the stipendiary branch of the Sea Defensive Force, armed or unarmed, under the direction of the Prime Minister, it belongs to him to exercise, as to all persons, in so far as employed under him in navy business, the locative, suppletive, directive, and dislocative functions: as to his own office, the self-suppletive: as to things moveable, in so far as thus employed, (but in concert with the Finance Minister,) the procurative, custoditive, applicative, reparative, transformative, and eliminative functions: as to persons and things, the inspective; so as to persons, things, and occurrences, the statistic recordative, publicative and officially-informative; as to states of things, ordinances, and arrangements, the melioration-suggestive.

Exemplificational.

Art. 3. Examples of things which are the subjects of these functions, are the following:—

I. Things moveable.

1. Arms, provisions, and clothing, as per Section 3, Art. 5.

2. Navigable vessels of all sorts and sizes.

3. Naval stores for the equipment of do.

II. Things immoveable.

4. 1. Slips for the building of navigable vessels.

5. 2. Docks, for reparation and outfitting of do, after return from service.

6. 3. Jetties, for giving facility to the approach of large vessels for reparation or outfit.

7. 4. Harbours: with Quays, Moles, Breakwaters, and all other appurtenances thereto belonging.

8. 5. Arsenals.

9. 6. Dock-yards.

10. 7. Storehouses.

11. 8. Beacons.

12. 9. Buoys.

Enactive.

Art. 4. In regard to navigable vessels belonging to individuals or bodies of individuals, he exercises the inspective, statistic, recordative, and melioration-suggestive functions: exercising the inspective, statistic and recordative functions under any such heads as shall from time to time have been prescribed by the Legislature.

Ratiocinative. Instructional.

Art. 5. In two cases, the aggregate of the maritime stock in the hands of individuals, is a fund or source applicable in augmentation of the aggregate stock in the hands of the government for the use of the public.

1. On any occasion by free consent on the parts of all parties interested.

2. In case of military necessity, even without consent, on the part of any party interested.

Section V.

Preventive Service Minister.

Enactive.

1. Lazarettos.

iv.Against extraordinary scarcity.

1. Government Magazines.

II. Things moveable.

1. Vehicles.

2. Beasts of draught and saddle.

Instructional.

Art. 6. In relation to the Defensive Force Service and the Preventive Service, the Legislature will consider, how far, by a mixture of Defensive Force Functionaries with Preventive Service Functionaries, the advantages of a stationary with those of a migratory body, may be combined, and the two branches of the official establishment rendered mutually subservient, each to the purpose for which the other is principally instituted.

Instructional.

Art. 7. Under the Legislature, this will be matter of special consideration for the Prime Minister. He will accordingly, if he sees reason, unless inhibited by the Legislature, attach from time to time, to the Preventive Service, (subjecting them for the time to the direction of the Preventive Service Minister,) certain portions of the stipendiary Defensive Force, Land or Sea Force, or both, as occasion may require.

Ratiocinative.

Art. 8. I. Advantages to the Stipendiary Defensive Force, more particularly the Land Force.

1. Those from the employment-extending principle, as per Ch. x. Defensive Force, Section 2. Leading Principles.

2. Those, from the time-occupying principle, as per Ch. x. Section 2.

3. Appropriate acquaintance with the territory in a military point of view, thence proportionable aptitude as to the purpose of defending it, against an invading enemy. In point of extent, the value of this advantage would increase, with the frequency of the migration. Nor would it proportionably decrease, in respect of correctness and completeness, within each portion of territory: for, sufficient for the military purpose would be a much smaller portion of the time of these military auxiliaries, than would naturally be applied to the use of the Preventive Service.

Ratiocinative.

Art. 9. II. Advantages to the Preventive Service.

1. Those resulting from the natural pre-eminence of the military functionaries, in respect of the qualities of vigilance, punctuality of obedience, promptitude of obedience, activity, simultaneity of obedience, and intrepidity.

2. Those resulting from the additional security, which such admixture will naturally give, against sinister connexions, between the functionaries and the internal adversaries, against whom they are employed to combat. Of this security, the degree and value, in the case of each body, would be inversely as the length of time during which it continued stationed in the same place.

Ratiocinative.

Art. 10. There seems to be but one qualification, in respect of which, functionaries belonging to the Defensive Force Service, land and sea, according to local circumstances, included, would not naturally possess more aptitude, with relation to the Preventive Service, than those would who are exclusively attached to this last-mentioned service: and this is local knowledge, including that of the characters, family circumstances, abodes and haunts of individual delinquents, and persons most in danger of falling into delinquency. But if of each military functionary’s time, one portion being employed in active service in this shape, another were employed in the performance of the military exercises, appropriate aptitude with relation to military service, might thus be continued unimpaired. As to the advantage derived from acquaintance with the characters, family circumstances, abodes and haunts of delinquents and persons liable to become delinquents, a due admixture of the migratory, with the stationary functionaries, might afford this advantage, and at the same time obviate the danger from sinister connexion.

Exemplificational.

Art. 11. Examples of subject-matters of such local knowledge, are—

1. Statistic circumstances: sites of the several habitations, thence abodes, of the respective householders, with their inmates of both sexes and all ages. Of these particulars, an adequate degree of notoriety would be necessitated, and effected, for the purposes of Election Service, as per Election Code, Section 10.

2. Moral circumstances: disposition of the several inhabitants, as resulting from habitual sources of livelihood and other occupations.

3. Circumstances purely topographical. Condition of the territory in respect of plains, hills, and mountains,—rivers, lakes, and seas,—soil, whether sandy, clayey, chalky, gravelly, rocky, &c., and natural productions,—ground woody, or woodless.

Of the knowledge of these last-mentioned particulars, the use is, the giving facility to the eventual accersition or say hither-calling, of individuals whose attendance is required, with or without such or such articles of his property, for the purpose of evidence or justiciability, and in case of need, the prehension of the supposed delinquent, or other defendant.

1. Roads: whether in the open country, or in a town.

2. Lakes, Rivers, and the beds of both, when dry.

3. Artificial Canals, with the Locks, Underground Water Tunnels, and other works thereto belonging.

4. Bridges and dry Tunnels.

5. Aqueducts: conveying water.

6. Toll-houses, for the collection of toll-money, for the use of any of the above instruments of communication.

7. Letter Post-Houses.

8. Carriage Post-Houses.

9. Edifices belonging to Telegraphic Stations.

10. Inns for the use of Travellers.

II. Things moveable.

1. Vehicles of all sorts, habitually employed in the conveyance of passengers, or goods, or both.

2. Beasts of conveyance so employed.

Section VII.

Indigence Relief Minister.

Ratiocinative.

Art. 7. An establishment thus applied, is an establishment for the subornation of falsehood, by irresistible means; falsehood, the appropriate instrument of crime in all its shapes. By it, throughout the whole field of judicature,—domestic as well as public,—that which should be justice, is converted into injustice, and the judge, howsoever unwillingly, rendered the accomplice of the evil-doer. Of falsehood in this shape, discovery is impossible. Under this security, on what occasion soever, by the commission of it reward may be earned, or by the noncommission of it, punishment incurred, the commission of it follows of course. No opinion more absurd or more mischievous can be conceived, than are many of those, the profession of which is thus regularly obtained, at the hands of millions. Be the opinion what it may, the support thus given to it, is presumptive evidence of its being in itself false, and conclusive evidence of its being so in the eyes of such its supporters and their approvers. An establishment for the subornation of falsehood is an establishment for the propagation of immorality, and for the poisoning of the fountains of justice. Of no crime commissible by an individual, can the mischief be equal, in extent or magnitude, to that produced by every institution, of which, upon a national scale, corruption in this shape is the fruit.

Art. 7. So, as to all medical functionaries, serving under the Indigence Relief Minister,—it belongs to the Health Minister to exercise the locative, suppletive, directive, dislocative, and suspensive functions: the functionaries so by him located, being at all times subject also to the suspensive function, exercisable, for special reasons, by the functionary having charge of the establishment, for the service of which such medical functionaries have respectively been located.

Enactive. Expositive.

Art. 8. So, in relation to the things immoveable following, and the things moveable thereto respectively belonging,—to him it belongs, always in concert with the Finance Minister, to exercise the several functions procurative, custoditive, applicative, reparative, transformative, and eliminative: that is to say—

1. Hospitals, maintained at Government expense: army and navy hospitals, and preventive service hospitals, if any, included.

2. Lazarettos: that is to say places, within the limits of which, for the purpose of ascertaining the presence or absence of contagious disorders, persons, or property, or both together, are confined: in this case in concert with the Foreign Relation Minister likewise.

3. Laboratories, if any such there are, in which medicines, for the use of the stipendiary branch of the land and sea defensive services, are prepared.

Enactive.

Art. 9. In regard to the other things immoveable following, so far as regards health, as also the persons therein residing, the inspective function: that is to say—

1. Prisons: and all other places, in which any person is kept under confinement.

2. In particular, madhouses, at whose expense whatsoever and under whose care soever kept up, whether at the expense of the public at large, or that of the sublegislatures,—of bodies corporate, or otherwise associated, or of individuals.

3. Edifices, with their appurtenances, belonging to the field of service of the Indigence Relief Minister.

Art. 16. III. Malaria-obviating, or anti-malarial function. To this function exercise will be given, by keeping under review all such local situations, as are liable to harbour or give rise to exhalations detrimental to health.

Of the sources of such exhalations, examples are the following:—

1. Lands which, to whatsoever proprietors belonging, are habitually or occasionally covered with stagnant water.

2. Mines, considered in respect of such inflammable or dangerously respirable gases, as they are liable to contain.

3. Common sewers and drains.

4. Places of interment.

5. Theatres and other similarly crowded places of public entertainment.

6. Manufacturing establishments, considered in respect of the several ways by which they are liable to deteriorate the air, by the several modes in which the operations belonging to them are respectively carried on.

Enactive. Expositive. Instructional.

Art. 17. IV. Health-regarding-evidence-elicitative-and-recordative function. To this function exercise will be given by the elicitation and recordation of the documents following:—

1. Bills of Mortality. The matter belonging to these documents he will receive from the Local Registrars of the several Bis-subdistricts: in virtue of their several functions,—death-recordative, marriage-recordative, birth-recordative, maturity-recordative, and insanity-recordative, as per Ch. xxvi. Local Registrars, Sections 5, 6, 7, 8, 9. On this occasion, separate notice will be taken, and report made of the state of mortality and disease, in the several Hospitals and Establishments, under the management or inspection of the Army Minister, the Navy Minister, the Preventive Service Minister, the Indigence Relief Minister, and the Education Minister.

2. From the several different places, Registers of the Weather, in so far as habitually framed and preserved in the several establishments above-mentioned; also from any other public sources, from whence they may conveniently be procurable: and from private sources, so far as procurable from those sources, with the free consent of the individuals interested.

Enactive. Expositive.

Art. 18. V. Appropriate oustoditive function. In the exercise of this function, he has charge in chief of all medical museums, belonging to Government.

Instructional. Exemplificational.

Art. 19. Of the contents of a Medical Museum, examples are the following:—

1. Anatomical Preparations.

2. Chirurgical Instruments.

3. Specimens of the Materia Medica, preserved for standards of comparison.

4. Herbaries.

5. Medical Books and Graphical imitations.

6. Registers of the Weather, and Instruments for the formation of such Registers.

7. Mortality Reports, as above.

8. Models of the human form, in its natural state.

9. Models of distortions.

Enactive. Expositive.

Art. 20. VI. Aptitude-securing function. In the exercise of this function, to the Health Minister it will belong to watch over the aptitude and efficiency of the application made, of the Probationary Examination system, (as per Ch. ix. Ministers collectively, Section 16, Locable who,) with reference to all aspirants to those offices, the functions of which, are exercises of the art of medicine, in any of its several branches, and to whatsoever subject applied: in such sort that, by the operation of sinister interest,—whether self-regarding, sympathetic, or antipathetic,—no person relatively unapt be admitted, or relatively apt excluded: mindful, that in self-regarding interest, are included not only love of money, but love of ease.

He will, therefore, preside at all such examinations, having for Assessors, persons three or five, elected by all who, in consequence of Examinations antecedently undergone by them, have received certificates of appropriate aptitude.

Enactive. Expositive.

Art. 21. VII. Professional confederacy-checking function. To the Health Minister, under the direction of the Prime Minister and the Legislature,—and with the assistance of the Public-Opinion Tribunal, as per Ch. v. Constitutive, Sections 4, 5, it will especially belong, to be upon the watch against all injury to the health of the community, by the operation of particular interests, in the breasts of medical practitioners, at the expense of public interest: (and, as occasion calls, to make report accordingly:) for example, by associations among themselves for the formation of regulations and arrangements, express or tacit, concerning division of labour, rate of payment, terms or mode of attendance, or otherwise.

Enactive. Instructional.

Art. 22. VIII. Appropriate-publication function. To this function he will give exercise, by giving, to the result of the exercise given to the several preceding functions, the utmost publicity that can be given to them, consistently with a due regard to public economy in respect of the expense, and to the feelings of persons subjected to the exercise of his several functions: yet not so as to give concealment to delinquency, in whatever shape exemplified.

Section XI.

Foreign Relation Minister.

Enactive.

Art. 1. To the Foreign Relation Minister, under the Legislature and the Prime Minister, it belongs to give execution and effect to all Legislative Ordinances and Government arrangements, having for their subject matter, the intercourse between the Government of this State and the Governments or Subjects of other States: executing the business by himself singly, in so far as no business belonging to any other subdepartment is mixed with it; but in so far as any such mixture has place, executing it in concert with the Minister of the subdepartment to which it belongs.

Enactive.

Art. 2. To this purpose, it belongs to him, under the direction of the Prime Minister, to exercise,—as to all other functionaries, in so far as employed in this subdepartment, the locative, suppletive, directive, and dislocative functions;—as to his own office, the self-suppletive;—as to things, in so far as thus employed, in concert with the Finance Minister, the procurative, applicative, reparative, transformative, and eliminative functions;—as to persons and things, the inspective;—as to persons, things, and occurrences, the statistic, recordative, publicative, and officially-informative;—as to states of things, ordinances, and arrangements, the melioration-suggestive.

Enactive. Expositive.

Art. 3. Negotiative function. In the exercise of this function, under the direction of the Prime Minister, he holds communication:—

1. With agents of all classes, commissioned by the governments of foreign states, to hold communication with the government of this state, within the dominions of this state.

2. With Agents commissioned from this Subdepartment, to act in the dominions of foreign states.

3. With the governments of such foreign states, whether directly, or through the medium of Agents from this government, as above.

Enactive. Expositive.

Art. 4. Missive function. In the exercise of this function, he despatches to foreign parts all letters and other documents, written or other than written, to whomsoever addressed, relative to the business of this Subdepartment.

Enactive. Expositive.

Art. 5. Epistolary acceptive or receptive function. In the exercise of this function, he receives all letters and other documents, written or other than written, relative to the business of his department: and this, as well from persons at a distance, whether it be in the dominions of this or in those of any foreign state, or from persons who, at the time, are within reach of oral conference.

Enactive. Expositive.

Art. 6. Hospitial function. In the exercise of this function, he has charge of such reception and entertainment, as is given to any such foreign Agents, as above: having care, that they be secured and continued in the enjoyment of all privileges properly belonging, and prevented from assuming or enjoying privileges not properly belonging, to their respective stations.

Exemplificational.

Art. 7. Examples of the different classes and grades of Agents commissioned from one political state to act in another, are the following:—

I. For general purposes, constantly or incidentally resident.

1. Ambassadors extraordinary.

2. Ambassadors.

3. Ministers plenipotentiary.

4. Chargès d’Affaires.

II. Constantly resident for the special purpose of the affairs of commerce.

1. Consuls, at the superordinate stations.

2. Vice-Consuls, at the several subordinate stations.

III. Occasionally resident for miscellaneous special purposes.

1. Commissioners.

Enactive.

Art. 8. In the exercise of his locative function, under the direction of the Prime Minister, he locates and dislocates Agents of the several classes and grades, as per Art. 7, commissioned to act for this state in foreign parts.

Exemplificational.

Art. 9. Examples of things belonging to this subdepartment are the following:—

I. Things immoveable.

1. The edifice or apartment in which the documents belonging to this subdepartment are kept, and in which the subminister, and the subordinates under his direction, are stationed, while occupied in their official business.

2. The edifice or apartment, if a different one, in which reception is given to foreign Agents, as above-mentioned.

3. The residences of the several foreign Agents, in respect of the care requisite in relation to their privileges, as above.

II. Things moveable.

Art. 2. How questionable soever may be the usefulness of laws made for the direct purpose of giving factitious encouragement to trade, either in the aggregate, or in this or that particular branch, in addition to the natural and aptly proportioned encouragement given by the effectual demand,—need, not only for regulations on the subject of trade, but also for frequent changes in the matter of those regulations, cannot fail to be produced by a variety of causes. Examples are as follows:—

I. In the way of discouragement and virtual prohibition, produced by taxation on the prices absolute and comparative, of the subject matters on which the taxes are imposed; whereby, with or without any such design, discouragement is applied to some and encouragement to others, and thereby a need produced for effects of a respectively opposite tendency, for the purpose of obviating and counteracting such effects.

II. Effect produced on the money prices of commodities,—things moveable and immoveable,—by variations in the relative aggregate quantity of money, of various sorts, as compared with the aggregate quantity of commodities destined for sale.

III. Prevention of frauds employed in the giving to things vendible, apparent degrees of value over and above the real, including cognizance of weights and measures:—suggestion of arrangements, with that view, for the consideration of the Legislature.

IV. Regulation of the temporary monopoly, without which, inventions in relation to the subject matters of trade, could scarcely take place: inasmuch as, after having expended capital in the antecedently necessary experiments, rivals by whom no such expenditure had been made, might, by underselling them, derive to themselves the whole of the profit, substituting loss to profit, on the part of the inventors.

V. Application of attention to the means of maximizing the quantity of true, and minimizing the quantity of false, information, of states of things and occurrences, by the knowledge of which the aggregate of profit in trade is increased, and that of loss diminished:—as to which, see Ch. ix. Ministers collectively, Section 7, Statistic Function.

Expositive. Instructional.

Art. 3. Intimate and constant is the connexion between the operations of the Trade Minister and those of the Finance Minister: proportionably urgent, and indispensable the need, of converse between these two functionaries. But while, in the nature of the case, the Finance Minister is incessantly in action in the exercise of the directive function, in relation to his subordinates, and of the transmissive function in regard to money, in relation to his co-ordinates, in obedience to the exercise made of the directive function by his superordinates, the Trade Minister, as such, will have little to do in any of these ways: his business consisting chiefly in the exercise of the statistic, recordative, publicative, officially-informative, and melioration-suggestive functions.

Section XIII.

Finance Minister.

Enactive.

Art. 1. To the Finance Minister, under the Legislature and the Prime Minister, it belongs to give, at all times, execution and effect to the ordinances of the Legislature, as to the fabrication, receipt, and disposal of the money of the State, and to the occasional directions, from time to time, emaning from the Prime Minister.

Enactive.

Art. 2. To this purpose, subject to the direction of the Prime Minister, it belongs to him to exercise, as to all persons, in so far as employed in the business belonging to the revenue, under his direction, the locative, suppletive, directive, and dislocative functions; as to his own office, the self-suppletive function; as to things, in so far as thus employed, the procurative, custoditive, applicative, reparative, transformative, and eliminative functions; as to persons and things, the inspective: as to persons, things, and occurrences, the statistic, recordative, publicative, and officially-informative; as to states of things, ordinances, and arrangements, the melioration-suggestive.

Exemplificational.

Art. 3. Examples of things belonging to this subdepartment, are the following:—

I. Things immoveable.

1. The metallic-money mint: in which are fabricated such portions of intrinsically valuable matter, as are in use for the purpose of exchange.

2. The paper-money mint: in which are fabricated such portions of the matter of wealth as consist in promises to transfer metallic money.

Enactive. Expositive.

Art. 4. In the exercise of his statistic function, [NA] days before the last day of the current legislation year, he delivers in to the Assembly his annual report.

Instructional. Exemplificational.

Art. 5. I. Retrospective branch. Of the heads and subheads, examples are as follows:—

1. Receipts: Money received in the course of that same year. Subheads: the several taxes and other sources.

2. Expenditure: Money expended in the same period. Subheads: the several departments and subdepartments. Bis-subheads: the distinguishable branches of service belonging to each.

Instructional. Exemplificational.

Art. 6. II. Present-regarding branch. Of the heads and subheads, examples are as follows:—

1. Balance in hand, or deficit—the amount of it.

2. Money, which should have been received, namely, by Government. Subheads: 1. The several sources from whence they should have been received; 2. And the times at which they ought respectively to have been paid in; 3. With indications of the causes of the failure, definitive or temporary, as the case may be.

3. Money, which should have been paid, namely, by Government. Subheads: 1. the several persons or classes of persons, to whom it should have been paid; 2. the several branches of service, on account of which it ought to have been paid, and 3. the times at which it ought to have been paid; 4. with indications of the reasons or causes why, in each instance, it was not paid.

4. To confront with the foregoing, the like statements carried back to the last preceding year, as also to other preceding years, in so far as, to any assignable purpose, useful as well as practicable.

5. For this purpose, in so far as, in the accounts of this or that preceding year, the heads under which the matters are arranged are not the same as those under which the matters of the current year are arranged,—they are brought into coincidence, as far as practicable.

Instructional. Exemplificational.

Art. 7. III. Prospective or Estimate branch. Of the heads and subheads, examples are as follows:—

1. Demands expected. Heads and subheads, as far as circumstances admit, the same as those of the expenditure in the retrospective part: under each such subhead, the sums belonging to it, in the two different years, placed side by side.

2. Fresh demands expected: that is to say, demands for heads of services, for which there had not been in the current year any expenditure. Heads: the department and subdepartments. Subheads: the several services, designative, in each instance, of the cause of the fresh demand.

3. The like carried on, through any number of successive years, in so far as, to any assignable purpose useful as well as practicable.

4. Supplies expected:—means of answering the above demands. Heads: 1. Money in hand; 2. Money expected. Subheads, as far as they go, the same as under the receipts: the sums belonging to the first year, side by side, as above. Of the differences, whether on the side of increase or decrease, the causes indicated. 3. Extinct sources, with their respective amounts. 4. Fresh sources, with their respective expected amounts. 5. Estimate of money expected from fresh sources. Subheads: the fresh sources.

Enactive.

Art. 8. To complete the accounts of the year, within [NA] days after the commencement of the new Legislative year, he delivers in his supplemental report, in which the series of the several matters is carried on, to the last day of the expired year, inclusive: inserting any such observations as, in his view, may be instructive.

Expositive.

Art. 9. In relation to money, the functions that may have place, are the following: the Latin word for money being, for distinction’s sake, prefixed to the name of each respective function.

1. Ære-fabricative, or money-making.
2. Ære-receptive, or money-receiving.
3. Ære-custoditive, or money-keeping.
4. Ære-postulative, or money-requiring.
5. Ære-applicative, or money-applying.

Expositive.

Art. 20. The velocity of circulation is as the number of times that a piece of money of a given amount passes from hand to hand, for an equivalent, in the ordinary way of trade, within a given space of time—say a year.

Instructional. Ratiocinative.

Art. 21. The aggregate quantity, and the aggregate velocity being given, it matters not in regard to prices, in what shape the money has been existing: whether in that of intrinsically valuable money, or that of paper money: i. e. promises of intrinsically valuable money performable to bearer on demand, or similar promises at so many days after date, or after sight.

Instructional.

Art. 22. Modes of payment of which the Finance Minister may have to make choice, are the following:—

Art. 26. Excepted class,—the lowest paid in all departments and branches.

Examples:—

1. In Army, Navy, and Preventive Service,—privates.

2. In the other Subdepartments, the merely writing functionaries, in preference to all specially instructed superordinates.

3. In branches in which all are specially instructed, those under direction, in preference to their directors.

Ratiocinative.

Art. 27. Reason. The higher a man’s place in the conjunct scales of money, power, and respectedness, the greater in general are his means of supplying temporary pecuniary deficiency, from the amity of those connected with him, by ties of interest, self-regarding or sympathetic.

Instructional. Ratiocinative.

Art. 28. The operation of paying money, shall it be performed by the same person by whom the subject-matters obtained by it are employed, or by a different person?

Answer. By a different person. Better that money should not, than that it should be at the disposal of the Minister, for the service of whose department it is needed. Better that in each given place, all payments be made by an appropriate officer, say the Paymaster.

Reasons.

I. Frugality promoted, by saving in the pay of functionaries.

1. The operation of paying money, indispensably consumes a more or less considerable quantity of time, according to the nature of the money, whether in pieces of larger, or in pieces of smaller value.

2. The operation of paying money requires no particular talent, natural or acquired. The operation of giving employment to the subject-matters obtained by the money, will in many, perhaps in most cases require talent, natural or acquired, or both.

3. For engaging the service of a man possessing appropriate talent, more pay at the expense of government will commonly be necessary, than for the engaging the service of a man not possessing any such appropriate talent. For every purpose, which, while an untalented man could have been employed, a talented man is employed, waste will therefore be committed, to the amount of that sum, by which the talented man’s pay exceeds that of the untalented.

Instructional. Ratiocinative.

Instructional. Ratiocinative.

Art. 34. Purchase of instruments of amusement for the rich, with money raised by taxes on rich and poor, is depredation: depredation committed on the poor for the profit of the rich.

Magnificence exhibited by a person at his own expense, is magnificence: exhibited at the expense of others, it is depredation.

Exemplificational.

Art. 35. Examples of depredation in this shape are the following: the purchase-money being all along understood to be that produced by the taxes, or which might have been employed in easement of the taxes.

1. Edifices, although for the use of the public, in so far as rendered costly by ornament.

2. Pictures, statues, and other productions of the imitative arts.

3. Books, valuable no otherwise than for their rarity.

4. Antiquities.

5. Miscellaneous artificial curiosities.

The minds of the rich should not, any more than the bodies, be feasted at the expense of the poor.

Instructional.

Art. 36. Examples of objects which ought not to be confounded in this view with the above, though frequently found in the same collection.

1. Anatomical preparations.

2. Subjects of natural history, in its three kingdoms.

3. Machines and draughts, and models of machines.

Art. 8. Note that, on each occasion, for determining the preference, the proper object of consideration is not the general comparative importance of the two branches of service in question, but the comparative detriment likely to ensue to the universal interest, on that particular occasion, for want of the service of the person, or the use of the things in question, whatsoever may be the branch of service, on account of which, the demand has place.

Exemplificational.

Art. 9. Examples:—

1. For the Army service. For commencing, completing, or repairing a fortification, dismantle not a public building, though it be but ornamental, if from other sources materials can be had at little more expense.

2. So, for Navy service. Cut not down trees, serving for protecting lands or edifices against pernicious winds, nor even those serving for recreation or ornament.

Instructional.

Art. 10. It would be no small convenience, if the office of the Prime Minister and the offices belonging to the several subdepartments, were all under the same roof. In this case, if the situation of the Prime Minister’s office were central, (the others forming a ring around it,) a set of conversation tubes, would enable the Prime Minister to confer with each, and each with any other, without rising out of their chairs.

He who writes this, held conversation once, and without any strain of voice, through a tube of nearer four hundred than three hundred feet in length. The experiment was instituted by him, with a view to a purpose, such as this.

Instructional.

Art. 11. The office of the Justice Minister should rather be remote from, than contiguous to, the above-mentioned cluster of offices. Between the Administrative department and the Judiciary, the less the communication the better. See as to this, Ch. ix. Ministers collectively, Section 26, Architectural Arrangements.

Note to Ch. xi. on the subject of a Religious Establishment, to be paid for at the public expense.

For the business of religion, there is no department: there is no Minister. Of no opinion on the subject of religion, does this Constitution take any cognizance. It allows not of reward in any shape for the professing or advocating of any particular opinion on the subject of religion. It allows not of punishment in any shape for the professing or advocating of any particular opinion on the subject of religion. It leaves to each individual, after hearing any such arguments as he chooses to hear, to decide for himself on each occasion, what opinion has the truth on its side.

No declarations are required, averring exclusive and detailed knowledge of things essentially unknowable, and in relation to which, differences are notoriously universal, and interminable.

In England, true political knowledge is the tree of good and evil: academical death the penalty for touching the fruit of it.

Manifestation of all such knowledge as derived from the free application of the greatest-happiness principle to politics, religion and morals, is the abhorred and dreaded evil, to the exclusion of which all attention and all exertions are directed.

For this purpose, a secondary endeavour is to keep the time of the aggregate of the juvenile population at the universities of Oxford and Cambridge divided between comparatively useless study, and idleness: idleness, although debauchery be the accompaniment of it.

Study, so it be directed to the comparatively useless—in a word, to any but the above-mentioned pre-eminently useful, objects,—has naturally the preference: reason, obvious:—that, by the display of difficulty overcome, the reputation of the place and the system may be preserved from decline.

But to the spectacle of proficiency made in the forbidden branch of knowledge, that of debauchery, as a less evil, will as naturally be preferred.

To one or other of the two desired classes, every student, according to his turn of mind, is thus aggregated: the strong-minded to the uselessly learned class: the weak-minded to the class composed of the stupid, the simply idle, and the debauched.

From all participation in the fund, to the amount of millions a-year, allotted to the purchase of insincerity, who was ever excluded by habitual drunkenness?

Who is there that would not be excluded by heterodoxy? and what is heterodoxy, but non-conformity to the opinions, the profession of which is, under every monarchical government commanded, and which under all those same governments, are at the same time more or less different?

The assumption is that, at the word of command, opinions can turn to the right and left, like legs and arms.

The grand use of what is established under the name of religion is to secure insincerity: to secure untrue assent, and to exclude all opposition to opinions howsoever absurd.

To establish religion, is to establish insincerity: to establish insincerity, is to establish that vice, by which not only vice in every minor shape is served and promoted, but vice swollen into the shape of criminality.

Nothing can be more uncontrovertible than this axiom:—He who, by application made of punishment or reward, discountenances inquiry into the truth of any opinion, declares thereby his persuasion, or at the least his strong suspicion, of the falsity of it: and if by him so simply discountenancing inquiry this persuasion is declared, much more by him by whom the creative power of reward is applied to profession made of it; still more by him, by whom the repressing and extinguishing power of punishment is applied to opposition made to it.

No opinion is there, so erroneous, that will not be embraced, if, for the embracing of it, reward is held out.

Nowhere is anything under the name of religion established in the Anglo-American United States, and where, with such extensively prevalent sincerity, is religion professed, as in those same so happily united States?

In which of them all is it employed as a State engine? In what other political state is it so zealously employed as a support to morality—and in what other state is it a more powerful one?

On the continent of Europe, the restraints upon the study of the most important parts of useful knowledge being the immediate work of supreme power, are more extensively notorious. Means employed, not only withholding of reward, but application of punishment.

Nor yet is the public appropriate examination system undervalued there, or unemployed.

In medicine, rulers see the art and science from which they have most to hope, and least to fear. Accordingly, in that part of the field of art and science, no obstacle being opposed,—examination, to a more or less considerable degree public, is generally in use.

Unhappily for that liberty, without which knowledge is not possible, medical science cannot be cultivated, without close and continual scrutiny into the relation between cause and effect. In London, in a recent instance, certain enemies of liberty and knowledge beheld in the result of a scrutiny of this sort, a proof of the truth of Atheism: the ruin of the author became thereupon the object of their confederated, but not successful, endeavours. Direct profession of atheism is profession of atheism, and nothing worse. Endeavour to crush a man for the profession of atheism, is virtual confession of atheism, coupled with the practice of insincerity and intolerance. In proportion to every man’s love of humankind, and of those virtues on which its felicity depends, insincerity and intolerance of difference in opinion, whatever be the subject, will ever be odious.

CHAPTER XII.

Judiciary Collectively.

Preliminary Observations.

Astonishment and Indignation, are the sentiments which the perusal of this Chapter, not to mention preceding and succeeding ones, can scarce fail to excite in the breast of every reader, who, in any country, is either in possession or expectation, of a situation on any judgment-seat, to a certain degree elevated. The effect is certain: the cause altogether simple. In this part of the present Code, the end in view is the greatest happiness of the greatest number, considered in the character of justiciables, as in the French language they are so aptly expressed, and may henceforward in the English.

Of every Code as yet in existence the draughtsman has been some lawyer acting under the conjunct influence of rulers at large, and some lawyer or lawyers of the highest grade. The persons whose greatest happiness it has of course had in view, and to whose greatest happiness the happiness of all other persons has to the utmost possible extent been made a sacrifice, have been the persons under whose influence the draught has been penned.

A remark which will with equal certainty be at the same time made is,—that no person possessed of adequate appropriate aptitude, or rather, forasmuch as that expression will be too precise, no person of honour would give his acceptance to an office loaded with such burthens. The answer is, that for far inferior benefits, obligations far more burthensome, are by persons in great numbers, everywhere not only submitted to, but eagerly coveted and aimed at: and if moral aptitude be taken into account, the least apt would be higher in the scale than the highest of those by whom the situation has commonly been everywhere filled.

Of appropriate aptitude with relation to the business of these several offices, which will be the most strongly probative evidence? acceptance of the office on these terms; or, strutting demeanour, by looks and boasting phrases, declaratory of the indignation pretended to be felt at the thought of a man’s being capable of giving acceptance to it on such terms?

Of utter inaptitude with relation to the functions of it, what more conclusive evidence can be afforded than the determination not to accept of it upon these terms?

In England, the enormity of the masses of emolument received by hireling advocates, from the practice of their immoral profession, is held up to view with triumph, as an adequate and irrecusable reason for correspondent enormity in the emoluments attached to the office of judge of highest, and next to highest grade. For this excess, though no adequate reason, there is still a plausible one: the incomprehensibility of the law, and the presumption that by the advocate who has had most practice, the largest stock not only of appropriate knowledge, but of appropriate judgment, will be possessed.

In the present Code, the grand demand for appropriate knowledge on the part of judges, will be done away, by the substitution of proposed real law, to the at present accepted fictitious law.

That which mankind may stand perfectly assured of is—that under the present Code of real law, as under every other, by the functionary in the several classes and grades, his own interest in every shape, and in particular in the shape of ease, will be pursued to the utmost of his power, whatsoever becomes of that of the greatest number. Of the proposed Code, in this as in every other part, the object is accordingly so to order matters that in the pursuit of his own interest in those several shapes, at the expense of the greatest number, the difficulty he experiences may be maximized, and the facility given for the effectual obstruction of all such endeavours be minimized.

If, for the accommodation of a single individual, matters should be so arranged, as that there should not be a moment of time, during the whole of his life, without his having persons in any number in attendance upon him,—in an arrangement of this sort, supposing the individual capable of affording the expense, scarcely would any person see anything extraordinary—anything to disapprove. Yet for the benefit of all,—of the myriads or the millions, a few exceptions excepted, and those narrow and recent ones, afforded by what is called Police, in no Code of law has any such arrangement been made.

For the accommodation of individuals, service in all imaginable shapes is to be had on all days and at all hours; and for ordinary remuneration, other individuals there are, each of whom is on all days and at all hours ready and glad to render it: witness all those whose business it is to supply diet, medicine, and conveyance.

From what cause this difference? From what but the utter falsity of all those professions of regard for the happiness of subjects, of which rulers have in all governments been so lavish: professions, the utterance of which has been so confident, and the contradiction so uniformly true and therefore so intolerable.

As to the Judicial Establishment, so intimate is its connexion with the system of procedure, that in any explanation given of the former, it is not possible to avoid bringing into view, to an extent more or less considerable, the intended purport of the latter.

Having for its superordinate end, the maximization of the security afforded by the services of the functionaries belonging to the judiciary system, it sets before itself in the first place two conjunct subordinate objects, namely maximizing the number of those to whom that benefit is imparted: and rendering and keeping at all times, adequate to that purpose, the number of the functionaries employed in the imparting of it.

But here, at the outset, a great difficulty presents itself. To those who for this purpose are called upon to pay attendance on a judge, the obligation of paying such attendance will unavoidably be productive of vexation or expense, or both, to an indefinite extent. On the other hand, true it is, that if it be matter of vexation to be obliged to be attendant at a judicatory in the character of defendant, such to a certain degree it cannot but be, to attend at that same place in the character of pursuer. But a state of things which to an indefinite extent may have place, is this—namely, that while to this or that man, in the character of defendant, attendance for the time in question, is a very serious evil; to this or that man, in the character of pursuer, it shall be no such evil: on the contrary, when coupled with the benefit expected, in this or that shape from the evil to which the defendant is thus subjected, or from the result of it, it may in his eyes be a good. As for instance, where the suit has for its object the obtaining from an individual, property in some shape or other by an unjust claim, by means of his inability through indigence, to employ against it the necessary means of self-defence: or, more simply, for the gratification of vengeance, the reducing him by means of the expense to a state of indigence.

Such being the state of the case, if the door of the judicatory is thus thrown open, and the faculty is given to each individual in the character of pursuer, to compel the attendance of persons of every condition in any number to meet him in the presence of the judge in the character of defendants, and no restraint is laid upon the abuse of this faculty, the judge, by means of his official services, may in this manner be rendered, how unwillingly soever, at the pleasure of any evil-doer, the instrument of evil, to any amount.

Happily to this evil, the nature of the case furnishes a remedy, alike obvious, simple, and effectual: a remedy the sufficiency of which is, to a certain extent, demonstrated by universal experience. This remedy is, the subjecting the author of such vexation to pecuniary loss.

Thus far, such is the course which has been pursued in all systems of judicature as yet established: and the result is that no vexation approaching in amount to the vexation just above brought to view, has in any of them been se

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BOOK II. - Jeremy Bentham, The Works of Jeremy Bentham, vol. 9 (Constitutional Code) [1843]

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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.