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CHAPTER XI.: MINISTERS SEVERALLY. - Jeremy Bentham, The Works of Jeremy Bentham, vol. 9 (Constitutional Code) 
The Works of Jeremy Bentham, published under the Superintendence of his Executor, John Bowring (Edinburgh: William Tait, 1838-1843). 11 vols. Vol. 9.
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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.
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.
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.]
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.
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.
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.
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.
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—
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.
V. Visiters, or say Legislational Inspectors; to wit, persons at large, attending in their quality of members of the Supreme Constitutive.
VI. Ministers, Envoys, and Agents, of all classes and ranks, from foreign powers.
VII. Persons under examination, or waiting to be under examination, in the Assembly, or in any of its Committees, in the quality of witnesses or petitioners.
Art. 6. So of his statistic and melioration-suggesting functions, in respect of all portions of the Pannomion, the duration of which has been rendered temporary: delivering in, to the Assembly, on the first day of its sittings, a Report, stating such laws, if any, as expired in the course of the year just closed, and such as, in the course of the year just begun, are about to expire: to the end that nothing apt may cease, nor anything unapt be continued, for want of notice.
Art. 7. So, it belongs to him to direct all arrangements relative to the printing and distribution of the Pannomion, including all additions from time to time made to it.
Art. 8. So, in relation to the proceedings of the several sublegislatures—
I. In virtue of his officially-informative function, to make known to them respectively, with all promptitude, all laws, and directions given in relation to them by the Legislature.
II. In virtue of his inspective function, to watch over and eventually indicate to the Legislature any such sublaws or proceedings as among any of them respectively shall have had place, to the detriment, as supposed by him, of the authority of the Legislature, or of this or that other Sublegislature.
Art. 9. So, to exercise the statistic and melioration-suggestive functions, with relation to the form in which the body of the law presents itself: that is to say, the manner in which the portions of matter belonging to it are grouped together—the order in which they follow one another, and the words by which they respectively stand expressed.
Art. 10. In particular, with relation to the tactics of the Assembly: the rules, to wit, by which its debates and other proceedings are directed.
Art. 11. Simple abrogation, simple addition, substitution, or modification. At each point of time, by every ordinance issued from the Legislature, one or other of these operations will, by every fresh enactment, be performed upon the Pannomion, in its then existing state.
Case I. Simple abrogation. To the portion of matter in question, reference will be made by indication made of the place it occupies in the Pannomion: the place, as designated by the numbers respectively applicable to the code, the chapter, the section, and the article. Added for better security against errors of pen or press, the two first words and the two last words of the mass of matter intended to be abrogated.
Case II. Simple addition. Mode of reference,—indication given of the chapter and section, and of the article immediately after which the new article is to be considered as inserted.
Case III. Substitution, in the result, is a compound of the two former; subjoined to abrogation, addition, as above.
Case IV. Modification. Reference being made, as above, to the article or articles intended to be modified, for giving expression to the modification,—choice will be to be made between two modes, or say forms, in either of which it is alike capable of being expressed: namely, the corrective, or say the directive, and the re-editive; as to which, see Ch. vi. Legislature, Section 29, Members’ Motions.
Art. 12. When and as often as the whole number of the copies, of which the edition of the code in question is composed, are disposed of—whether gratuitously delivered, or sold—the Legislation Minister will have caused print a new edition, with the whole of the contents in the re-editive form, as above: inserting a notice therein, of the then last state in which the contents had been placed by the modifications, or say amendments made in the corrective, or say directive mode.
Art. 13. General Code—system of Particular Codes: to one or other of the aggregates, thus denominated, will every portion of the Pannomion, at all times, be found referrible.
Art. 14. By the General Code, understand that portion of matter by which, in one way or other, the interests of persons in general are affected; upon each class of persons, benefits, with or without corresponding rights, being thereby respectively conferred; or burthens, by means of corresponding obligations imposed; or, on one and the same class of persons, benefits conferred, and burthens imposed.
Art. 15. By a Particular Code, understand a portion of matter, by which, exceptions excepted, the interest of no more than one class, or say description of persons, or two classes, or say descriptions of persons, are principally affected: that is to say as above, by means of special benefits conferred, commonly by means of correspondent rights, or special burthens, imposed on them, or both.
Art. 16. Exception is—that which has place in the case of the judicial and other functionaries, by whose instrumentality, execution and effect are to be given to the several enactments contained in that same code: and who stand accordingly invested with the correspondent rights, and burthened with the correspondent obligations: all such functionaries are in so far interested in the contents not only of the several Particular Codes, but also the General Code.
Art. 17. Comparatively speaking, for re-editions of the General Code, the occasions will be rare,—of this or that Particular Code, of frequent occurrence: more especially, for example, 1, in the case of the Particular Codes, the enactments having for their object addition, defalcation, substitution, or modification, in relation to the aggregate of the taxes: 2, so likewise the enactments regulating the manner of carrying on this or that profit-seeking occupation; the object of the regulation being either the giving positive increase to the aggregate of the fruits of productive industry, or the preserving it from being, to the detriment of individuals, disproportionately and unduly disturbed, by the manner in which the taxes are imposed.
Art. 18. Legislational-amendment-inspective function. The Pannomion being supposed completed, no ulterior and succeeding legislative operation can be performed, without operating in the character of an amendment,* upon some part or parts of the matter, which it finds established; for, in the text of it, will be found propositions to such a degree comprehensive and extensive, that no ordinance can at any succeeding point of time be ever added, without producing, in some way or other, an alteration in the effect of the aggregate mass, on which it is applied.
Art. 19. Under the direction of the Legislature, to the Legislation Minister, in virtue of this his Legislation-amendment-inspective function, it belongs, to take cognizance of every proposed amendment, that is to say, of every fresh proposed ordinance, or aggregate of ordinances, in whichsoever of two sources it has originated: and accordingly either antecedently or subsequently to its presentation to the Legislature. Antecedently to its presentation to the Legislature, it will have come under his cognizance, in the case where it has been committed to him from the Judiciary authority, as per Ch. xii. Judiciary collectively, Section 20, Judges’ eventually emendative function, according to the provisions thereby made for giving to the Pannomion at all times, the benefit of such experience, information, and correspondent skill, as cannot, in any other situation, in an equal degree, have place; and at the same time, preserving the rule of action from being, to an indefinite degree, increased in bulk, and thence proportionally diminished in cognoscibility and certainty of effect, by a species of discourse, composed of discussions occupying more pages than an ordinance which were the result of it, would occupy lines,—and, without having received the sanction of the Legislature, yet capable, notwithstanding, of exercising the influence and producing the effect of law.
Art. 20. As to the mode in which, if proposed in like form as if proposed by a member of the Legislature, an amendment, subject always to the pleasure of the Legislature, will by its silence after appropriate notice, be aggregated to the Pannomion, see Ch. xii. Judiciary collectively, Section 19, Judges’ contested-interpretation reporting function, Section 20, Judges’ eventually-emendative function: Section 22, Judges’ preinterpretative function.
Art. 21. Remains the case, in which it is from the Legislature, that the proposed amendment comes into the hands of the Legislation Minister: from the Legislature, that is to say, either from some individual member, acting in that character, or from a Continuation Committee of the Legislature, as per Ch. vi. Legislature, Section 24, Continuation Committee.
Art. 22. The case of declared urgency, as per Art. 25, excepted, if and when a proposed law is proposed by, and in the name of, a Continuation Committee, the Legislature, to which it is so proposed, will determine, whether it shall be taken into consideration by the whole Assembly in the first instance, or whether, antecedently to such consideration, reference shall be made of it to the Legislation Minister, to the end that, in point of form, its symmetricalness, with reference to the Pannomion in its then existing state, may be provided for and secured.
Art. 23. In case of such reference, direction will thereon be given to him, to return it within a time mentioned, with his Report thereupon made.
Art. 24. Exceptions excepted, no proposed law will be taken into consideration by the Legislature until such Report shall have been made. For the matter and form of each report, see Art. 29. For the reasons why it is thus rendered necessary, see Art. 36.
Art. 25. Exception is, where upon the responsibility of the proposing member, it is by the words “declared urgent,” with his signature annexed, declared so to be. For the reasons why a proposed amendment will not be received without the fulfilment of this condition, see Art. 36: for the reasons why it will be received on fulfilment of this condition, see Art. 59.
Art. 26. In the case of a law which, in consequence of a declaration of urgency, as above, has passed without having been committed to the Legislation Minister, he will, as soon as it has passed, unless inhibited by the Legislature, take cognizance of it, for the purpose of securing its being ultimately in symmetrical form.
Art. 27. If thereupon it be reported by him symmetrical, it will be in that state aggregated of course to the body of the laws: if reported unsymmetrical, a draft deemed by him symmetrical will be delivered in by him along with it; which draft will, if approved by the Legislature, be so aggregated; or if it be disapproved, it will either be rejected altogether, or another will, under direction of the Legislature, be, by the Legislation Minister, substituted for it.
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.
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.”
III. Form undecided: that is to say, whether symmetrical or not.
Art. 30. If, within the time so fixed, the matter of the proposed law has, by the Legislation Minister, been declared to be in symmetrical form, it will thenceforward be ready for the consideration of the Legislature, whensoever, whether by the original mover or by any other member, brought on, for that purpose.
Art. 31. If it be declared not symmetrical, the word dropped, will be added, and thereupon his name, personal and official, attached. So likewise, if declared undecided. But in either case, with or without alteration, it may be introduced, at any time, by the same or any other member.
Art. 32. By symmetrical form, as applied to a clause proposed to operate in the character of an amendment, to any article or aggregate of articles, contained in any part or parts of the text of the Pannomion,—understand such form as in respect of terminology, phraseology, and method, including the grouping of the matter, and the order in which the clauses follow one another, is, not only in import but in form, in accordance with the matter whereto application is made of it: in such sort that when the two portions of matter—the amended and the amending—are put together, they may wear the appearance of having been originally written at one and the same time.
Art. 33. If the amendment is symmetrical, the mode in which the effect given to it is produced, will be either the directive, or say corrective, or the re-editive; as to which, see Ch. vi. Legislature, Section 29, Members’ Motions.
Art. 34. When, in the opinion of the Legislation Minister, the proposed ordinance, or say amendment, fails of being symmetrical, or is in an undecided state, as above, he will in relation to it take one or other of the three courses following:—
I. He will, in the corrective, or say directive form as above, render it symmetrical, and thereupon report it to the Legislature, with the words “Rendered Symmetrical” attached to it; or,
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.”
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.”
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.
III. Security against unconnected and improvident alterations. The proposer will thus be laid under an obligation, of taking the closest view of the effect which will be produced upon the whole body of the Pannomion, by the enactment proposed by him, if it be adopted: and by this means, many a mischievous alteration will be shut out.*
Art. 37. Under this condition, added to that of the adoption given to the proposed amendment, by the motion of one member, seconded by another, as per Ch. vi. Legislature, Section 29, Members’ Motions, Art. 7, a sort of share in legislation is capable of being imparted—not only to ministers, members as they are of the Legislative body, as to every right but that of voting,—but also to persons at large, considered as members of the Constitutive: and this, too, without preponderant inconvenience. See Ch. xii. Judiciary collectively, Section 19, Judges’ contested-interpretation-reporting function; Section 20, Judges’ eventually-emendative function; Section 21, Judges’ sistitive function; Section 22, Judges’ pre-interpretative function.
Art. 38. Scarcely without this restriction, could this faculty be thus widely communicated, without preponderant inconvenience: in proportion as, on the part of the people, attention to their public concerns, received that extent which is so desirable, the time of the Legislature might thus become overloaded, and its attention bewildered, by a chaos of crude propositions, put forth, without adequate reflection, by unapt hands; and the propositions themselves, with whatsoever utility in other respects fraught, would moreover be employed in waste;—being, by the supposition, incapable of being adopted in such sort as to be made to fulfil their intended purpose.
Art. 39. On the part of all persons thus taking a share in the management of public affairs, a habit of precision and correctness, in thought and expression, would thus be promoted: while, on the other hand, by the timely view of the indispensable task, the unapt would, without the obnoxious and apparently unjust form of positive exclusion, feel themselves excluded in effect.
Art. 40. For the greater accommodation of legislators, on whom the ultimate decision would, on each occasion, have to rest, the subject-matter of decision would, on each occasion, be drawn as it were, to a point; instead of being diffused, as it would otherwise be liable to be, through a chaos of vague generalities.
Art. 41. In the present proposed constitution, the groundwork of every arrangement in detail is unbounded liberty. The problem to be solved is, how to apply such restraints as shall have the effect of keeping the rule of action clear of all immethodical and perturbatory additaments, without prejudice to that essential liberty, which must remain inviolate. The arrangement which has presented itself in this view is the leaving the universal liberty of initiation untouched, adding to it, at the same time, an arrangement which shall secure its passing through the hands of a responsible functionary, by whom, the matter remaining as little changed as possible, it shall, on every occasion, be moulded into a form such as shall make it quadrate with the form already given to the entire mass to which it is aggregated. If the fiat of this functionary were in every case indispensable, he would be a monarch with a veto in his hand. Power must therefore be reserved to and by the Legislature, to preserve its acts in every instance from the operation of this check: to wit, on the declaration made by the use of the word urgency, already in such extensive and frequent use.
Art. 42. No sooner is the word urgency heard, than the public eye fixes itself, of course, upon the measure, and the individual by whom it has been brought upon the carpet. The indication of an irreparable evil as about to take place in the event of the usual delay, will be universally looked to, as a condition precedent, to the justifiable use of this important word. The sort of laws to which the use of it will under these circumstances be naturally confined, are those which are of a temporary nature, and which, within the limits of the usual delay, will either have been productive of the full effect desired, or have received their adequately mature form, in passing through the ordinary official channel.
Art. 43. Let a case be supposed in which the disposable time of a single Legislation Minister, will not suffice for the quantity of business thus brought before him: by the universally applied institution of Deputes in the number found requisite, any such deficiency is already obviated.
Art. 44. Objections. I. Delay. In the practice of all other governments, in which the business of legislation is in the hands of a legislative body, delay is a subject of well-grounded complaint: and, to the causes of delay which have place in those cases, this arrangement adds a new one.
II. No one man’s time sufficient. A greater number would be requisite: and the greater the number, the greater the room for want of symmetry as between the mode of drawing practised by one man, and the mode practised by another.
III. Monopoly. As a draft cannot be taken into consideration, without having passed through the hands of the Legislation Minister,—by his retaining it, through indolence, negligence or design, the patience of the proposing member may be wearied out: and as, per Ch. vi. Legislature, Section 14, Term of Service, the session will not last longer than a year, the measure may thus be kept in suspense till, the Session being at an end, the proposer is no longer in a situation to go on with 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.
Remains, as the only sort of case, that can present any probability of a demand, for the application of labour, of any continuance, on the part of the Legislation Minister—the case, where a member, not having fallen into connexion with either the appropriate Minister or the Continuation Committee, has this or that new arrangement, which, with his name attached to it, he is desirous of laying before the Legislature. In this case, if in his own eyes, he is sufficiently qualified for the performance of the adaptative process, he will perform it accordingly; and in this case, likewise, the quantity of time occupied by the exercise given to the Legislation Minister’s function, will most commonly be next to nothing.
Supposing a Member to such a degree, new to Legislative business, that even in his own eyes he is not sufficiently qualified,—scarcely can he be at any difficulty, as to the obtaining the requisite assistance. By no man, with any tolerable prospect of success, can a new measure be brought forward, without his having, as he believes, secured the eventual support of fellow-members, in some proportion or other, in the shape of speech and argumentation on that side. Altogether unlimited is the number of those from whom assistance will in this shape be derivable.
Assistance, as above, being obtained or regarded by him as needless, nothing is there to hinder him from applying, in private, to the Legislation Minister for his revisal, antecedently to the presentation of the drafts to the assembly: and with or without corrections, (supposing the former regarded as apt by the Minister,) the time occupied in the conjunct business of reference and report will, as above, be next to nothing.
Art. 46. Note here, that the use and usefulness of this function will consist—not so much in what is done by the Legislation Minister and his deputies, in relation to the process of adaptation, as in what, under the apprehension of seeing the defects in their drafts laid open to his view, and through his to the Assembly’s, will be done towards this end by everybody else.
Art. 47. The office of the Legislation Minister will thus, by the very nature of the case, become, though without the name and show of a school, a school of legislation. Into this school, young men destined for public employment, might be admitted, at about the same age as in England, France, and other countries, they are admitted into the office, (for the purpose of being instructed in the business,) of an attorney-at-law; nor, notwithstanding the all-comprehensiveness of its extent, would the subject-matter of the public business, the whole of it being continually before their eyes, and every part of it continually referred to, be by a great deal so difficult of comprehension, as the matter which, in England at least, an attorney finds himself under the obligation of making himself acquainted with: his practice being, for its success, in so high a degree dependent on the degree of his acquaintance with that immense and shapeless mass.
Art. 48. These same conditions will apply, of course, to all similar communications, made or sought to be made, to any of the Sublegislative bodies, acting within their several fields of service.
Art. 49. So many legislative bodies, so many schools of legislation, accessible to all, who, by self-regarding interest, or public spirit, shall, at any time, feel themselves prompted to seek entrance.
Art. 50. Note, that, in the ordinary mode, in the case in which the change is made in any other way than by simple repeal or by simple addition, no such certainty is afforded. In so far as substitution is intended, the effect produced on the old matter by the new, is left questionable and open to argument: and pages, in any number, are employed to do that which after all is perhaps not done, but which might have been effectually done by a line, or even by a word.
Art. 51. In English practice in relation to statute law, an instance has been observed, in which the amount of a page is employed in doing what, as therein expressly declared, would have been done by the substitution of the word or to the word and.
Art. 52. To the Legislation Minister, as per Art. 19, it belongs to receive from the Judiciary Department proposed amendments, as per Ch. xii. Judiciary collectively, Section 20, Judges’ Eventually-emendative Function. For the conservation of the aptitude of the law in respect of form, thus is the same security given in this case, as in that in which proposed laws are, as above, introduced by Members’ Motions.
Art. 53. In the case of each Judicial-amendment Report, the day on which it is received will be termed its reception-day. After the lapse of [seven] entire days, if, in the meantime no appropriate evidence of disapprobation has been received by the Legislation Minister, either from the Legislature, or from any of the Judiciary authorities, as per Ch. xii. Judiciary collectively, in this behalf mentioned, the amendment thus submitted, will, by consent given by acquiescence, be deemed to have received the sanction of the Legislature: whereupon, if in ready-adapted and symmetrical form expressed, to wit, in either of the two modes, the corrective, or the re-editive, as per Ch. vi. Legislature, Section 29, Members’ Motions, the Legislation Minister will, in its appropriate place, aggregate it to the body of the laws.
Art. 54. To the printed impression of every amendment, thus aggregated, the Legislation Minister will cause to be added, at the bottom of the page, in form of a note, indication as concise as may be, of the names, personal and official, of the several Judiciary functionaries, as per Ch. xii. Judiciary collectively, Section 20, Eventually-emendative Function, through whose hands it has passed, and of the parts, in relation thereunto, respectively taken by them.
Art. 55. Under the care of the Legislation Minister, every day in the Government Newspaper, will be published, a list of all such duly-proposed amendments, as shall have been received at his office, on the day last preceding.
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.
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.
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.
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.
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.
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.
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.
Art. 1. To the Army Minister, under the Legislature and the Prime Minister, it belongs, to give at all times execution and effect to the matter of the Army Code: and to the temporary orders from time to time emaning from the Prime Minister.
Art. 2. In regard to the professional army, to this purpose it belongs to him to exercise under the direction of the Prime Minister, as to all persons, in so far as employed in army business, the locative, suppletive, directive, and dislocative function: as to his own office, the self-suppletive function: as to things, 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: 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.
Art. 3. So, in particular, the instructive function: as exercised by directions given, in relation to the military exercise, whether singly performed or in bodies.
Art. 4. In regard to the non-professional army, it belongs to him to exercise at all times, the inspective, statistic, recordative, and melioration-suggesting functions: and incidentally, the locative, suppletive, directive, instructive, dislocative, procurative, custoditive, applicative, reparative, and eliminative functions, according to the arrangements made from time to time by the Legislature, as between the Prime Minister and the Sublegislature.
Art. 5. Examples of the things which are the subjects of these functions, are the following:—
I. Things moveable.
1. Arms used without fire: as swords and pikes.
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.
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.
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.
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.
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.
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.
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.
Preventive Service Minister.
Art. 1. To the Preventive Service Minister, it belongs to give, under the Prime Minister, execution and effect to all ordinances of the Legislature, in so far as they have for their object the prevention of calamity; or of delinquency, otherwise than by exercise of the functions belonging to the Judiciary.
Art. 2. To this purpose, it belongs to him, under the direction of the Prime Minister, to exercise, as to all persons in so far as employed in the Preventive Service, 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, thereto belonging, the statistic, recordative, publicative, and officially-informative: as to states of things, ordinances, and arrangements, the melioration-suggestive.
Art. 3. Examples of the principal calamities, to which prevention is capable of being applied, under the care of government, are as follows:
1. Collapsion: namely of the natural sort, in large masses, or of edifices in a ruinous state; or by means of earthquakes.
4. Disease and mortality, the results of unhealthy and unmedicated situations.
5. Unhealthy employments, the unhealthiness of which is capable of being removed or lessened by appropriate arrangements.
6. Contagious disease.
7. Dearth and famine.
Art. 4. Examples of arrangements for the prevention or mitigation, of calamity in the above shapes, are as follows:
1. Against collapsion,—of earth, in hilly or mountainous situations, precautionary surveys: of edifices, particularly in towns, precautionary surveys: for reparation, or demolition of ruinous ones; also precautionary arrangements in the construction of new ones.
2. Against inundation,—surveys of bridges, dykes and embankments; also arrangements for the draining of lands.
3. Against conflagration,—precautionary construction of edifices: precautionary fabrication, custody and conveyance of gunpowder and other explodible substances: precautionary stowage and custody of spontaneously combustible vegetable matters in warehouses: the employment of precautionary operations and instruments in mines: Fire Insurance Associations.
4. Against suffocation in mines and manufactories,—precautionary arrangements and monitions.
5. Against disease and mortality from putrid water, naturally accumulated, drainage; from putrid water, artificially accumulated, drainage in enclosed tunnels.
6. Against disease and mortality from contagion,—temporary prevention or restriction of intercourse of persons or goods, with the persons, receptacles, or commodities, known or suspected to be the seats of a contagious disease.
7. Against disease and mortality from the consumption of articles of food or drink, in a state regarded as dangerous to health,—arrangements for preventing the vent of them.
8. Against disease and mortality, from medicinal and other drugs, liable to produce the effect of poisons,—precautionary restrictions on the vent of them: as for example, keeping them in cabinets under lock and key, with the word Poison written on them.
9. Against extraordinary scarcity of necessaries,—precautionary supplies, in so far as freedom of trade is inadequate to the purpose.
Art. 5. Examples of things belonging to the department of the Preventive Service Minister are the following:
I. Things immoveable.
i.Against Delinquency, and Calamity by fire.
1. Offices for Police Directors and their subordinates.
2. Police Station-houses.
3. Receptacles for Fire-Engines, Ladders, and Fire-Escapes.
1. Dykes and Dams.
iv.Against extraordinary scarcity.
1. Government Magazines.
II. Things moveable.
2. Beasts of draught and saddle.
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.
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.
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.
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.
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.
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.
With the benefit of all these helps, scarcely would any band of malefactors be formed, whom the functionaries so employed, would not know where to find, together with the appropriate evidence requisite for their conviction.
Art. 12. A consideration that will not escape observation, is—that, as to seduction of functionaries by sinister connexion with delinquents, the danger is considerably greater, in the case of contrabandists, than in the case of delinquents at large. In the case of the contrabandist, the mischief produced, is not so obvious and conspicuous, as in the case of most other sorts of malefactors. The community is indeed injured: but the community is an ideal and invisible being, of too aërial a texture, to be grasped by a mind of ordinary texture: the fair trader injured is indeed a real and visible being, but seldom is he determinate. Seldom is it known to what contrabandist any fair trader is indebted for the suffering which, by this or that one of his operations, the contrabandist has produced. The consequence is—that, against the contrabandist, no such antipathy points itself as against the robber, the thief, or even the obtainer by false pretences: much less, any such antipathy as has place in the case of the housebreaker, or the assassin, in whose instance homicide has been employed, either for perpetration, or for concealment, of an enterprise of indiscriminating depredation.
Art. 1. To the Interior-communication Minister, it belongs to give, under the Prime Minister, execution and effect to all ordinances of the Legislature, as to the means employed by Government for facilitating the communication between one part and another of the territory of the State; navigable vessels used in seaservice excepted.
Art. 2. To this purpose, it belongs to him, under the direction of the Prime Minister, to exercise—as to all persons, in so far as employed by Government, as above, 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, reparative, transformative, and eliminative functions;—as to persons and things, the inspective;—as to persons, things, and occurrences thereto belonging, the statistic, recordative, the officially-informative, and publicative;—as to states of things, ordinances, and arrangements, the melioration-suggestive.
Art. 3. In regard to such instruments of communication as belong to the public, under the charge of the Sublegislatures, he exercises the inspective, statistic, recordative, and melioration-suggestive functions.
Art. 4. So, in regard to such as belong to individuals, or bodies of individuals.
Art. 5. Examples of things belonging to this Subdepartment are the following:—
I. Things immoveable.
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.
Indigence Relief Minister.
Art. 1. To the Indigence Relief Minister, under the Legislature and the Prime Minister, it belongs to give execution and effect to all institutions, ordinances, and arrangements, emaning from the Legislature, in relation to the relief of the Indigent.
Art. 2. To this purpose it belongs to him to exercise, under the direction of the Prime Minister,—as to all persons, in so far as employed under the direction of Government, in the business of affording such relief, 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.
Art. 3. So, to exercise, in relation to all such institutions and establishments as, for this purpose, are or shall be on foot or in progress, at the expense or under the direction of any sublegislatures, individuals, or bodies of individuals incorporated or otherwise associated for this purpose,—the inspective, statistic, and melioration-suggestive functions.
Art. 1. To the Education Minister, under the Legislature and the Prime Minister, it belongs to give execution and effect to all institutions, ordinances, and arrangements, emaning from the Legislature, in relation to the subject of Education.
Art. 2. To this purpose, it belongs to him to exercise, under the direction of the Prime Minister,—as to all persons, in so far as employed under the direction, or at the expense, of Government in the business of Education, 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, 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.
Art. 3. In the exercise of his directive function, to him it belongs to preside at all examinations, performed in public, for the purpose of ascertaining, and making manifest, the degree, absolute and comparative, of appropriate aptitude in all its branches, on the part of all aspirants to government offices.
Art. 4. On this occasion, he has for assessors the Ministers, to whose subdepartments respectively belong the several branches of instruction, forming the subject matters of the several examinations.
Art. 5. To this Minister it belongs, moreover, to exercise, as to all such establishments within the territory of the state, as, having any branch of education for their object, are at any time on foot, or in progress, at the expense, or under the direction of sublegislatures, of individuals, or incorporated or otherwise associated bodies,—the inspective, the statistic, and melioration-suggestive functions.
Art. 6. On this occasion, it belongs to him, with more particular care, to inquire, and from time to time to report, whether there be any and what institutions or establishments, in which application is made of the matter of punishment or of that of reward, in such manner as thereby to engage any persons to make profession of particular opinions as to any subject, more particularly as to government, morals, or religion.
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.
Suppose that among the supporters of it, there be really any person in whose eyes, while he himself is exempt from pernicious error, all others are to such a degree prone to it, that a declaration of this sort, if prescribed or approved by himself, is more likely to prevent, than to produce mischievous error,—by no persuasion of his sincerity can Government be warranted in placing or leaving any such instrument of despotism in his hands.
Art. 8. On the occasion of the inspection taken of Education Establishments maintained at the expense of the several sublegislatures, bodies corporate, and individuals respectively,—it will therefore be the especial care of the Education Minister not to exercise any coercive or unnecessary interference, with the view of producing uniformity, contrary to the opinions and wishes of the parties immediately concerned.
Art. 9. It will in a more especial manner be his care to avoid giving offence to any persons concerned, in respect of the opinions respectively professed by them on the subject of religion, to the end that no person may be debarred from maintaining and disseminating, in relation to that subject, any opinion whatsoever:—every individual being responsible for any offence into which he may have been led, by entertainment given to erroneous opinions.
Art. 10. In case any such opinions should present themselves to his observation as have, or are likely to have, the effect of producing mischief, by acts placed in the catalogue of offences,—he will report them to the Legislature, to the end that, in case of need and use, provision may be made of appropriate instruction and warning, holding up to view the erroneousness of the opinions, and the offences with which, as above, they present themselves to his view as being pregnant.
Art. 11. In the exercise of the statistic, inspective, and melioration-suggestive functions,—to the Education Minister, in concert with the Indigence Relief Minister, it belongs to consider, and from time to time to report, whether, by any and what means, for relief against excess of population, at any time, in the whole or in any particular part of the territory of this State, the non-adult or junior portion of the relief-requiring class,—the orphan class in particular,—may, by appropriate preparatory education and instruction, be employed with advantage, in the way of colonization:* relief being given in land unappropriated or unemployed, in this State or any friendly foreign State, near, adjacent, or in any degree remote: the employment in which they are brought up, being combined into a system, specially directed to this object. Ingrafted on this question may be another,—whether, from a colony, if thus established, any contribution in any shape towards the relief of the helpless class, to be administered here, or in any such colony, can be looked to, as obtainable.
Art. 1. To the Domain Minister it belongs, under the Prime Minister, to give execution and effect to all ordinances and arrangements of the Legislature, which have for their subject matter any immoveable thing, considered in so far as, being at the disposal of the Government of this State for the benefit of the community at large, it does not stand exclusively appropriated to the service of any other subdepartment.
Art. 2. To this purpose, it belongs to him, under the direction of the Prime Minister, to exercise,—as to all persons, in so far as employed by Government upon any such subject-matter, 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, 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.
Art. 1. To the Health Minister it belongs, under the Prime Minister, (frequently in conjunction with the Preventive Service Minister,) to give execution and effect to all legislative ordinances, having for their special object, the preservation of the national health.
Art. 2. To this purpose, under the direction of the Prime Minister, it belongs to him to exercise,—in relation to all persons, in so far as employed under him, 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, but in concert with the Finance Minister, the procurative, custoditive, applicative, 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 state of things, ordinances and arrangements, the melioration-suggestive.
Art. 3. So, in relation to all such institutions and establishments, as, for this purpose, are on foot or in progress, for the use of the public, at the expense or under the direction of the Sublegislatures, or of individuals, or bodies incorporated or otherwise associated,—the inspective, statistic, and melioration-suggestive functions.
Art. 4. To the Health Minister, in relation to all medical functionaries serving in the land, or say army branch of the Stipendiary Defensive Force,—belongs moreover the locative, suppletive, directive, dislocative, and suspensive functions: the functionaries so located by him being at all times subject also to the exercise of the suspensive function, exerciseable for special reasons, by the commanding officers of the several corps serving separately, from the grade of colonel of a regiment upwards. For the manner in which the suspensive function will, in this case, be exercised, see Ch. ix. Ministers collectively, Section 21, Oppression obviated.
Art. 5. So, as to all medical functionaries, serving in the sea, or say navy branch of the Stipendiary Defensive Force: the functionaries so by him located, being at all times subject also to the exercise of the suspensive function, exercisible for special reasons, by the commanding officers of the several navigable vessels, in and for which the several medical functionaries are at the time in question serving.
Art. 6. For the consideration of the Legislature it will be, whether and how far the provision in Arts. 4, 5, shall be applied to the preventive service subdepartment: regard being had to the composition of this branch of the official establishment, and the distribution made of the functionaries thereto belonging.
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.
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.
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.
4. Edifices, with their appurtenances, belonging to the field of service of the Education Minister.
Art. 10. So, as to the contents of all shops and storehouses, in which drugs, designed to be employed for medical purposes, are kept for sale, or otherwise for distribution: more particularly with reference to the precautionary arrangements directed to be observed by the Preventive Service Minister as per Section 5, Article 4, relating to the sale of poisons.
Art. 11. So, as to the contents of all shops and storehouses, in which instruments, designed for chirurgical purposes, are kept for sale, or otherwise, for distribution.
Art. 12. In particular as to all such medicaments and drugs designed to be employed for medical purposes, as, from any general office or repository, have been conveyed or are appointed or designed to be conveyed, to any of the appropriate stations, in the Army Service, Navy Service, or the Indigence-Relief Hospital Service.
Art. 13. So, as to persons, things and occurrences, the statistic and recordative functions: as to states of things, ordinances, and arrangements, the melioration-suggestive function.
Art. 14. In addition to the above generally-applying functions, belong to this Minister the specially-applying functions following:—
I. Authoritatively-eliminative function.
In the exercise of this same function, subject to appeal to the Judge immediate, he causes to be employed the appropriate means, for the elimination of all such medicaments, as, by deterioration, natural or accidental, have been rendered unfit for medical service: and on this occasion, takes care that they be either destroyed, or if put to use for any other purpose, so prepared for such use, as not to be capable of being, in their relatively unapt state, applied to any medical purpose.
Enactive. Expositive. Instructional.
Art. 15. II. Aqua-procurative, or say Water-supply-securing function. In the exercise of this function, he will take for the subject-matter of examination, the supply of water which has or may have place in such towns as the Prime Minister (consideration had of their extent and the density of their population) shall, for this purpose, have given to him in charge: on which occasion, he will include in his observation the quantity, quality, and proportionality of distribution, of the subject-matter of this supply.
Enactive. Expositive. Exemplificational.
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.
Art. 18. V. Appropriate oustoditive function. In the exercise of this function, he has charge in chief of all medical museums, belonging to Government.
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.
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.
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.
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.
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.
Foreign Relation Minister.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
4. 1. The several navigable vessels, if any, which, belonging to this state, constantly or for a time, are employed in the conveyance of Agents or despatches from this department, to the territories of this or any foreign state.
Art. 10. In relation to the commanders of such navigable vessels, and their subordinates, in so far as so employed, as above, he exercises, in concert with the Navy Minister, the locative, suppletive, directive, and dislocative functions; and in relation to the vessels themselves, the procurative, custoditive, applicative, reparative, and eliminative functions.
Art. 11. In the exercise of his statistic function, as to observance or non-observance of treaties between this and other states respectively, it belongs to him to note, and with especial care report, all instances, if any, of non-observance of such treaties on the part of this state: and this in a manner no less clear, correct, and complete, than in the instances supposed to have had place on the part of any foreign state.
Art. 12. So also as to all injuries known, or on apt grounds suspected, to have been done, by individuals belonging to this state, out of the territories of this state, to the government of, or individuals belonging to, other states: and this, whether from the parties injured, complaints, in relation to such injuries, have or have not as yet reached his cognizance: such injuries excepted, for which it lies within the power of such foreign government to obtain redress, through the powers of judicature.
Art. 13. So likewise any instances, in which, by advantage taken of weakness, or distress, any foreign government has been made to render to this government, or this state, service or supposed service, the exaction of which, were it a case between individual and individual would be deemed an act of oppression, as towards the people of that state: more particularly, if it be by forming with this state a permanent treaty, oppressively disadvantageous to such foreign state.
Art. 14. In the exercise of his statistic and melioration-suggestive functions, in concert with the Finance Minister, within [—] days after the first day of the Legislation year, he presents to the Legislature a report, exhibiting, under appropriate heads, the state of the intercourse of this state, with the several foreign states, in relation to commerce: showing, in what way the commerce of this state is affected, beneficially or maleficially, by the ordinances, arrangements, and correspondent practices of the several other states; and in what ways the commerce of those several states is in like manner affected by the ordinances, arrangements, and practices of this state.
Art. 1. To the Trade Minister, under the direction of the Legislature and the Prime Minister, it belongs to perform all such functions as are needful, over and above those which belong to the Judicial Department, towards giving execution and effect to the laws made for the regulation of trade, and from time to time to report to the Prime Minister, and the Legislature, any such changes as to him shall have appeared requisite.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Art. 10. Application of money, as contradistinguished from custody, is performed by emission, to wit, from hand to hand: which may be, with or without the intervention of middle hands, according to distance or otherwise.
Art. 11. Emission of money may have place, either in payment of a debt due, or without any debt due: in the former case it is solvitive; in the other case,—if for an equivalent, procurative, if not for an equivalent, donative.
Art. 12. The ære-fabricative, or money-making function, is under the sole direction of the Finance Minister.
Art. 13. Money is either intrinsically valuable, or vicariously valuable. Vicariously valuable, becomes equivalent to intrinsically valuable, by the habit and confidence of obtaining property intrinsically valuable, in exchange for that which is but vicariously valuable. In so far as intrinsically valuable, foreign money is exchangeable as well as home-fabricated.
Art. 14. Under the direction of the Legislature and the Prime Minister, it will be among the duties of the Finance Minister to prevent functionaries, in whose hands public money is lodged, from deriving any private benefit from it, at the expense of the public service.
Art. 15. From misapplication of it, thus made, detriment may accrue to the public service, in either of two ways, to wit—
1. By the eventual loss of the principal, in consequence of insolvency, on the part of the custodient functionary.
2. By retardation or frastration of the service, for the purpose of which it is destined to be emitted out of his hands.
Art. 16. If without preponderant evil, in the shape of risk of loss, profit can be made by the private custodient, in the way of interest, so may it by the public.
Art. 17. In relation to the quantity of money of all sorts, the Legislature will on each occasion consider, whether it is its desire that that same quantity should receive increase or not. If not, it will so order matters, that for every sum put into circulation in the shape of vicariously valuable money, an equal sum that would otherwise have been in circulation in the shape of intrinsically valuable money, shall be kept out of circulation.
Art. 18. In this case, by the substitution, two distinguishable advantages may be obtained.
1. One is, the saving upon the expense of conveyance.
2. The other is, the superior security against spurious fabrication. But for this purpose it is material, if not necessary, that the value assigned to the several pieces, separately taken, should be greater than that of any piece of intrinsically valuable money: and the greater the value, the greater the advantage in this shape; for the greater the value, the fewer the hands it will have to pass through, and the easier it will be to trace it from hand to hand.
Art. 19. In this way, but only upon these terms, advantage might be derived, and that very considerable, to the public, from the use of paper money, even supposing the nation not to stand charged with any public debt.
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.
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.
Art. 22. Modes of payment of which the Finance Minister may have to make choice, are the following:—
1. Paying to each creditor a part of his due, postponing the remainder, with interest, to a time mentioned. Non-payment of interest is insolvency, to the amount: so in truth, non-payment of interest with mercantile profit, to mercantile men.
Art. 23. 2. Establishing an order of priority as between creditors of different descriptions: on determinate and adequately notified grounds.
Art. 24. In the first mode, the injustice is least: to non-mercantile men, who can borrow without humiliation, none: to mercantile men, more or less according to their means of profit, but no more than they ought to keep themselves prepared for, as in dealing with individuals.
Art. 25. Great, in the second mode, is the danger of injustice.
In the choice of favoured classes, two interests require to be considered.
Sole class in whose favour public interest requires favour, is that of war functionaries in war time, actual or impending: the evil, by deficiency as to them, may involve loss of property, and all other objects of desire to an unlimited extent: as to other classes (one exception excepted) the evil is comparatively inconsiderable.
Art. 26. Excepted class,—the lowest paid in all departments and branches.
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.
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.
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.
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.
Art. 29. II. Frugality promoted: to wit, by saving in quantity of time employed and paid for.
4. If by the hand of the functionary, for whose use the subject-matter is wanted, the payment of the money, in exchange for which it is wanted, were to be performed, the appropriate business of this talented functionary would be experiencing continual interruption, by his passing alternately from the exercise of the appropriate function, to the exercise of the money-paying function. For much less time than is necessary for the examining and counting of the money, is sufficient for the signing of an instrument or document, warranting and ordering the payment of it.
This reason applies, even supposing talented pay were no greater than untalented pay.
Art. 30. III. Frugality promoted: to wit, by additional security against peculation and embezzlement.
5. Suppose one person only, occupied, both in procuring the article and paying for it, one person alone would be answerable for the propriety of the payment, and one person alone, to wit, that same person answerable for the fact of its being paid for the public service. Employ in the business, the two persons in question, they serve, each of them, as a check upon the other. The orderer, by the order, acknowledges and witnesses that he has received the subject-matter for which it is issued: the payer must have this same order as evidence that it is not without just cause, and sufficient warrant, in respect of service rendered to the public, that the money is paid by him: an instrument of receipt might suffice to show that the money is paid, and to whom paid; but it could not in general suffice to show that it is on account of the public service that it is paid.
In either office, should the document relative to the transaction be lost, that belonging to the other may serve as a memorial of it.
Art. 31. Receivers and Payers of public money, shall they be the same persons, or different?
Answer. The same; so far as they can be.
Case I. That of the central place of receipt and payment—the seat of Government—the Metropolis. Advantages—
1. Frugality promoted, by one Chief Manager instead of two.
2. Frugality promoted, by one system of guarding instead of two.
3. Frugality promoted, by saving in the article of the building and its appurtenances. For the lodging of a given number of persons, whether residents or occasional visiters, one house of sufficient dimensions will cost less in building and repairs, than two houses of the same solidity, and beauty of appearance. This will be more clearly seen, when applied in detail, to approaches, fences, &c.
4. Frugality promoted, by saving, in fragments of functionaries’ time unemployed. Example. In the event of two offices, the quantity of time habitually needed for the business, requires say more than four functionaries’ time, but not so much as five: yet must five be paid. The time needed in each, above that of four, is thus half the time of a fifth. Keep the establishments apart, the number of functionaries you must pay is ten; consolidate them, and the number of functionaries sufficient is nine.
Art. 32. Case II. That of a Town, at a distance from the Metropolis.
The advantages are,
1, 2, 3, 4, as above.
5. Frugality promoted, by saving of the expense and risk of conveyance. This applies as to all but the difference between the money received there, and the money which should be, or may be made payable there. At the end of a certain period, say a quarter of a year, after deducting the one from the other, conveying the residuum, either to, or from, the central office. If the residuum be on the receipt side, then to the office; if on the pay or disbursement side, then from the office.
Art. 33. Taxes which should be interdicted are—
1. Taxes on the means of political information, in particular on Newspapers. By these the justice of the Public-Opinion Tribunal is perverted, and its force lessened. So likewise by the suppression of evidence, or of the diffusion of it, injustice in all shapes is promoted.
2. Taxes (whether under the name of stamps or fees of court) on judiciary proceedings, involving prohibition of justice—encouragement to injustice.
3. Taxes on medicines. By these bodily pain is inflicted, or even life taken, from all who cannot afford to pay the tax. It is a tax on indigence: a prohibition aggravating the hardships of the indigent.
4. Taxes on insurance against calamity. By these efficient providence is lessened, and thence the number involved in the calamities in question increased.
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.
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.
5. Miscellaneous artificial curiosities.
The minds of the rich should not, any more than the bodies, be feasted at the expense of the poor.
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.
From the branches of art and science, of which these articles compose the stock, benefit may alike be reaped by persons of all classes.
Conflicts of authority, how terminated.
Art. 1. For the prevention of doubt and disagreement, between subminister and subminister, as to the extent of their respective powers, and the detriment which the public service may thence be liable to experience, it will be the care of the Prime Minister, by executive, or eventually emendative subordinances, with reasons annexed, to draw such apt lines of demarcation as the nature of the case admits of, and the general good of the service may from time to time require.
Art. 2. So, where the tenor of this code or the nature of the case requires, that the subministers of two or more subdepartments, should act on the same subject in concert, to take care that, through want of agreement, no detriment to the service, in the way of retardation, or otherwise, shall ensue.
Art. 3. The case in which such conflict is more particularly liable to have place, is that in which, for the purposes of their several branches of service, different subministers may, in their respective departments, have need of the service of the same person, or the same individual thing, at the same time. In this case, the preference will require to be given to that particular branch of service, through which, for want of the services of the persons, or the use of the thing, at the time in question, the detriment to the aggregate interest of the community would be the greatest.
Art. 4. Evil from foreign adversaries, being in respect of extent naturally the greatest, hence, in time of war, or imminent danger of war, the claim of the Army and Navy services will in general require the preference in comparison of all others.
Art. 5. Next to this, the Preventive service: having, as it has for its object, the prevention of evil from internal adversaries, as well as from purely physical calamities.
Art. 6. Next to this, the Interior-communication service: especially in respect of the connexion which the object of it is capable of having with the Army, Navy, and Preventive services.
Art. 7. The branch, the claim of which will naturally yield to that of any other, is the Domain service. The Domain of the State not being of any use, except in so far as the subject matter of it may permanently or incidentally be applied to use, in a manner beneficial to one or more of those several other branches of the public service.
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.
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.
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.
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.
[* ]Amendment. In English practice, every change or say alteration produced, or designed and endeavoured to be produced, in the body of law which it finds established, being supposed and affirmed to be for the better,—every discourse having for its declared purpose the effecting any such alteration, is termed an amendment, and for the effecting of any such alteration, this term amendment,—this and no other, already being in use in English practice, and thence in French, may, after this notice, without danger of misconception, continue to be employed: and accordingly, after this notice, to say of any printed portion of discourse, under the denomination of an amendment, that it is an unapt or a bad amendment, and that it is no amendment, is what may be said without self-contradiction in effect.
[* ]In English practice, about 1827, a design was formed of consolidating parts of the statute-law, by putting into one statute matter which had entered into the composition of divers statutes, and thereupon in and by the consolidating statutes, declaring those other statutes, or parts of statutes, repealed. But when that which was thus dealt with, was not an entire statute but only a part of a statute, not by express designation but only by general designation of the contents, has it been undertaken to be repealed: “so much of the statute in question as relates to” such or such a matter, or to that effect:—Consequences, 1. It is left open always to argument, and sometimes to real doubt, what the exact portion of matter is, that was meant to be so dealt with: 2. The body of the law is left encumbered with all these carcases,—some dead,—some as above, in a state between life and death. For this mode of proceeding, one cause may be found in the condition in which in respect of method, that part of the rule of action which is not a mere fiction, is still left—a mass in which, be it ever so enormous, no parts distinguished one from another, by the figures of the numeration table are to be found.
[* ]Of the practicability of colonization, for relief against excess of population, the Greeks have an illustrious example in the practice of their early ancestors:—more illustrious than commendable: their colonization was unprovoked predatory war, upon possessors.