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

Author: Jeremy Bentham
Editor: John Bowring

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

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CHAPTER XI.

MINISTERS SEVERALLY.

Section I.

Election Minister.

Enactive.

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

Enactive. Expositive.

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

Instructional.

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

Section II.

Legislation Minister.

Enactive. Expositive.

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

Enactive.

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

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

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

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

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

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

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

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

Expositive.

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

Expositive.

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

Expositive.

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

I. Members.

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

III. Clerks, attendant on the Assembly.

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

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

Enactive.

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

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

II. “Not in symmetrical form.”

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

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

Enactive. Instructional.

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

Ratiocinative.

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

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

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

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

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

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

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

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

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

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

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

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

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

I. Portion or portions of the existing Pannomion, on which it is regarded as bearing: making reference to the Code, Chapter, Section, and Article.

II. Person or persons, from whom it was received at the Legislation Minister’s office.

III. Person or persons, by whom it was received.

IV. Day, on which it was so received.

Enactive.

Art. 57. Every year, within [NA] days after the last day of the last preceding year, or, if need be, oftener, the Legislation Minister will publish his periodical Amendment Calendar. Contents of it,—notices of the several amendments submitted in the course of the year, distinguishing between those proposed by motion in the Legislative Assembly, and those submitted from the Judiciary; and in both cases, between those which have been adopted, and those which have been rejected.

I. Amendments adopted, in pursuance of motions by members; adding the names, of the mover and seconder, and of the other supporters of it, if any, and of the opponents, if any; also notice of the days when adopted.

II. Amendments, submitted by Judges, and adopted: with the names, personal and official, of the proposers, and the several other judicial functionaries, through whose hands, as per Ch. xii. Judiciary collectively, Section 20, Eventually-emendative Function, Arts. 2, 3, they have respectively passed: also like notice as to the days: and of the approvals, acquiescences, or disapprovals they have experienced, as per Ch. xii. Section 20, Eventually-emendative Function.

III. Amendments submitted, as above, and rejected; with like indications, as above.

IV. Amendments, which, having been received in a symmetrical as well as ready-adapted form, from Members of the Legislature, Ministers, or persons at large, have, on motion made by members, been adopted: adding names of proposers, as well as members, and days of adoption, as above.

V. Amendments, which, having been received in a ready-adapted and symmetrical form, but not moved by members, have dropt: with names of the proposers; except in so far as the contrary has been desired by them.

VI. Amendments, which, not having been in ready-adapted or else not in symmetrical form, have, on that account, by whomsoever proposed, dropt: also with names of proposers, as above.

Enactive. Ratiocinative.

Art. 58. When, of the Pannomion, or of any of the Codes belonging to it, an edition is about to be exhausted,—to the care of the Legislation Minister, under the direction of the Legislature, it will belong, as per Art. 12, in what parts soever the corrective mode of amendment has been employed, to substitute to it the re-editive. In every re-edition, the names, as per Art. 57, will be preserved: to the end that, to the people at large it may at all times be known, in what manner as to the several matters in question these their several trustees have executed their trusts.

Instructional. Ratiocinative.

Art. 59. Grounds for the expectation, that the provision hereby made for the keeping the Pannomion clear of unsymmetrical matter, and thereby for the conservation of its aptitude in respect of form, will be effective:—

I. The option being left to every person to submit his proposed law, in the symmetrical form, no person can be at a loss to frame his proposed law, either in the corrective or re-editive mode: for, so simple is the form of applying an amendment to an already existing regulation, or assemblage of regulations, that it varies not from that, the observance of which, (in every community, in the management of whose affairs, the people at large have any share,) is habitual.

II. Scarcely in any existing code, is there any want of ordinances, to such a degree comprehensive, as that by any new ones introduced, an alteration will, in some way or other, be produced in the efficiency of some one or more of them. For, suppose, for example, an ordinance in these words—Whatsover act is not expressly prohibited by some article in this code, every person is at liberty to perform. So long as an enactment to this effect continues in force, no prohibitive law can be passed, without bearing relation to this law, and applying limitation to the efficiency of it.

III. In the present code, more than ordinary care is taken to secure, to the assemblage of ordinances contained in it, this all comprehensive quality: so, therefore, will there be in every other code enacted in conformity to it.

IV. It being by the supposition, as per Art. 19, made the duty of the Legislation Minister, to examine in this view every proposed law on its being proposed, scarcely can it be supposed that he will not, sooner or later, see on what clause or clauses of the Pannomion in its then existing state the several clauses in the proposed law bear, in such manner as to alter the effect of them; or that in penning amendments, he can be at any loss, how to keep his language conformable to that which he finds therein employed.

V. He cannot apply his mind to the adaptation of an amendment to any one clause therein, without feeling the necessity of applying it at the same time to the looking out for all such other clauses, on which it bears as above.

VI. By the knowledge that his draft will thus undergo the scrutiny of the official functionary, every person who has to draw up a proposed law, will naturally be engaged to give to it, to the best of his power, the requisite symmetry; lest, for want of it, the progress of such his proposed law, should receive obstruction, and his own deficiency, in respect of appropriate aptitude, be at the same time brought to view.

VII. All along, in compliance with the provisions in Ch. xii. Judiciary collectively, Section 20, Judges’ Eventually-emendative function, amendment-proposing Reports will becoming in from the Judiciary Department: and notices of them immediately published in the Government newspaper, as per Art. 55.

VIII. So also will the like demand be producing the like supply, by means of the local ordinances emanating, as per Ch. xxx., from the several Sublegislatures.

Thus, on every occasion, will the eyes of all persons concerned, be directed to the care of securing to the matter of the Pannomion, with the addition of any such improvements as it may lie open to, whatsoever degree of symmetry it was originally invested with.

Instructional. Exemplificational.

Art. 60. Of matters which, though properly belonging to the Judiciary Department, are in English practice exclusively and constantly taken cognizance of by the Legislative Department,—every Code, framed in conformity to this present Code, will be kept clear by appropriate arrangements. Examples are the following:—

1. Laws, applying remedy by divorce, in individual cases of adultery.

2. Laws, for authorizing change of property from one shape into another, on the occasion of family settlements.

3. Laws, for the division of common lands.

Instructional.

Art. 61. Of matters properly belonging to the local Sublegislatures, that part of the Pannomion, which contains the matter, coextensive with the whole territory of the State, will in like manner be rendered and kept clear.

Exemplificational.

Art. 62. In a monarchy, for the all-comprehensive and glaring evils attached to the arrangement, which gives to the Monarch the exclusive initiative in legislation, the obvious but sole, howsoever inadequate compensation, is the exclusion thereby put upon the confusion resulting from the possession of it, by every member in a Legislative Body. To the evils attached to this exclusive initiative, an obvious palliative is the allowing to the body, if one, and to each of the two bodies, if two, of the Legislature, faculty of making known, in general terms, the substance of any proposed law or mass of law, which it is its desire to see receive the effect of law. To allow this faculty to the body is to allow to individuals, and if no exception be made to every individual, that introductory faculty, without which the principal faculty cannot be exercised: to wit, the right of motion-making, to the effect of proposing, in substance, and thence even in terms, whatever it be, the wished-for law. Supposing the people to possess, by any means, a certain degree of influence in the legislative body,—a result, not altogether incapable of being sooner or later brought about, under such a form of Government, is a state of things preferable to that in which the liberty of giving introduction to a proposed law is possessed alike by every member.

Examples of a state of things, in which something like this effect has been brought about are not altogether wanting.

In a mixed Monarchy and a representative Democracy, the obvious, and for some time unavoidable, result, of the equal and unlimited faculty of initiation in the hands of every member, is that chaotic state of the body of the law which, under both these forms of government, has hitherto been everywhere visible.

Of this chaos, the most eminently conspicuous exemplification is that which is presented by the body of English Statute Law. With this liberty unrestrained, supposing the whole rule of action (real and fictitious law taken together) reduced within that moderate compass, within which it is not altogether incapable of being reduced,—still, sooner or later, the liberty in question, if no restraint were put upon it, would suffice, for the production of a fresh chaos.

Section III.

Army Minister.

2. Small fire-arms portable by men: as muskets and pistols, with accoutrements and ammunition.

3. Fire-arms, portable by beasts only: as horse artillery.

4. Large fire-arms, not portable, but only drawable: as cannon and mortars, with their carriages and ammunition.

5. Provisions.

6. Clothing.

7. Horses, and other beasts, ridden, or drawing.

II. Receptacles moveable.

8. 1. Baggage wagons,

9. 2. Pontoons, for crossing rivers and other waters.

III. Receptacles immoveable.

10. 1. Barracks, for lodgment of troops.

11. 2. Army hospitals.

12. 3. Storehouses.

13. 4. Fortifications.

Section IV.

Navy Minister.

Enactive.

Art. 1. To the Navy Minister, under the Legislature and the Prime Minister, it belongs, to give at all times execution and effect to the matter of the Navy Code, and to temporary orders, from time to time, in relation to navy business emaning from the Prime Minister.

Enactive.

Art. 2. To this purpose, in regard to the stipendiary branch of the Sea Defensive Force, armed or unarmed, under the direction of the Prime Minister, it belongs to him to exercise, as to all persons, in so far as employed under him in navy business, the locative, suppletive, directive, and dislocative functions: as to his own office, the self-suppletive: as to things moveable, in so far as thus employed, (but in concert with the Finance Minister,) the procurative, custoditive, applicative, reparative, transformative, and eliminative functions: as to persons and things, the inspective; so as to persons, things, and occurrences, the statistic recordative, publicative and officially-informative; as to states of things, ordinances, and arrangements, the melioration-suggestive.

Exemplificational.

Art. 3. Examples of things which are the subjects of these functions, are the following:—

I. Things moveable.

1. Arms, provisions, and clothing, as per Section 3, Art. 5.

2. Navigable vessels of all sorts and sizes.

3. Naval stores for the equipment of do.

II. Things immoveable.

4. 1. Slips for the building of navigable vessels.

5. 2. Docks, for reparation and outfitting of do, after return from service.

6. 3. Jetties, for giving facility to the approach of large vessels for reparation or outfit.

7. 4. Harbours: with Quays, Moles, Breakwaters, and all other appurtenances thereto belonging.

8. 5. Arsenals.

9. 6. Dock-yards.

10. 7. Storehouses.

11. 8. Beacons.

12. 9. Buoys.

Enactive.

Art. 4. In regard to navigable vessels belonging to individuals or bodies of individuals, he exercises the inspective, statistic, recordative, and melioration-suggestive functions: exercising the inspective, statistic and recordative functions under any such heads as shall from time to time have been prescribed by the Legislature.

Ratiocinative. Instructional.

Art. 5. In two cases, the aggregate of the maritime stock in the hands of individuals, is a fund or source applicable in augmentation of the aggregate stock in the hands of the government for the use of the public.

1. On any occasion by free consent on the parts of all parties interested.

2. In case of military necessity, even without consent, on the part of any party interested.

Section V.

Preventive Service Minister.

Enactive.

1. Lazarettos.

iv.Against extraordinary scarcity.

1. Government Magazines.

II. Things moveable.

1. Vehicles.

2. Beasts of draught and saddle.

Instructional.

Art. 6. In relation to the Defensive Force Service and the Preventive Service, the Legislature will consider, how far, by a mixture of Defensive Force Functionaries with Preventive Service Functionaries, the advantages of a stationary with those of a migratory body, may be combined, and the two branches of the official establishment rendered mutually subservient, each to the purpose for which the other is principally instituted.

Instructional.

Art. 7. Under the Legislature, this will be matter of special consideration for the Prime Minister. He will accordingly, if he sees reason, unless inhibited by the Legislature, attach from time to time, to the Preventive Service, (subjecting them for the time to the direction of the Preventive Service Minister,) certain portions of the stipendiary Defensive Force, Land or Sea Force, or both, as occasion may require.

Ratiocinative.

Art. 8. I. Advantages to the Stipendiary Defensive Force, more particularly the Land Force.

1. Those from the employment-extending principle, as per Ch. x. Defensive Force, Section 2. Leading Principles.

2. Those, from the time-occupying principle, as per Ch. x. Section 2.

3. Appropriate acquaintance with the territory in a military point of view, thence proportionable aptitude as to the purpose of defending it, against an invading enemy. In point of extent, the value of this advantage would increase, with the frequency of the migration. Nor would it proportionably decrease, in respect of correctness and completeness, within each portion of territory: for, sufficient for the military purpose would be a much smaller portion of the time of these military auxiliaries, than would naturally be applied to the use of the Preventive Service.

Ratiocinative.

Art. 9. II. Advantages to the Preventive Service.

1. Those resulting from the natural pre-eminence of the military functionaries, in respect of the qualities of vigilance, punctuality of obedience, promptitude of obedience, activity, simultaneity of obedience, and intrepidity.

2. Those resulting from the additional security, which such admixture will naturally give, against sinister connexions, between the functionaries and the internal adversaries, against whom they are employed to combat. Of this security, the degree and value, in the case of each body, would be inversely as the length of time during which it continued stationed in the same place.

Ratiocinative.

Art. 10. There seems to be but one qualification, in respect of which, functionaries belonging to the Defensive Force Service, land and sea, according to local circumstances, included, would not naturally possess more aptitude, with relation to the Preventive Service, than those would who are exclusively attached to this last-mentioned service: and this is local knowledge, including that of the characters, family circumstances, abodes and haunts of individual delinquents, and persons most in danger of falling into delinquency. But if of each military functionary’s time, one portion being employed in active service in this shape, another were employed in the performance of the military exercises, appropriate aptitude with relation to military service, might thus be continued unimpaired. As to the advantage derived from acquaintance with the characters, family circumstances, abodes and haunts of delinquents and persons liable to become delinquents, a due admixture of the migratory, with the stationary functionaries, might afford this advantage, and at the same time obviate the danger from sinister connexion.

Exemplificational.

Art. 11. Examples of subject-matters of such local knowledge, are—

1. Statistic circumstances: sites of the several habitations, thence abodes, of the respective householders, with their inmates of both sexes and all ages. Of these particulars, an adequate degree of notoriety would be necessitated, and effected, for the purposes of Election Service, as per Election Code, Section 10.

2. Moral circumstances: disposition of the several inhabitants, as resulting from habitual sources of livelihood and other occupations.

3. Circumstances purely topographical. Condition of the territory in respect of plains, hills, and mountains,—rivers, lakes, and seas,—soil, whether sandy, clayey, chalky, gravelly, rocky, &c., and natural productions,—ground woody, or woodless.

Of the knowledge of these last-mentioned particulars, the use is, the giving facility to the eventual accersition or say hither-calling, of individuals whose attendance is required, with or without such or such articles of his property, for the purpose of evidence or justiciability, and in case of need, the prehension of the supposed delinquent, or other defendant.

1. Roads: whether in the open country, or in a town.

2. Lakes, Rivers, and the beds of both, when dry.

3. Artificial Canals, with the Locks, Underground Water Tunnels, and other works thereto belonging.

4. Bridges and dry Tunnels.

5. Aqueducts: conveying water.

6. Toll-houses, for the collection of toll-money, for the use of any of the above instruments of communication.

7. Letter Post-Houses.

8. Carriage Post-Houses.

9. Edifices belonging to Telegraphic Stations.

10. Inns for the use of Travellers.

II. Things moveable.

1. Vehicles of all sorts, habitually employed in the conveyance of passengers, or goods, or both.

2. Beasts of conveyance so employed.

Section VII.

Indigence Relief Minister.

Ratiocinative.

Art. 7. An establishment thus applied, is an establishment for the subornation of falsehood, by irresistible means; falsehood, the appropriate instrument of crime in all its shapes. By it, throughout the whole field of judicature,—domestic as well as public,—that which should be justice, is converted into injustice, and the judge, howsoever unwillingly, rendered the accomplice of the evil-doer. Of falsehood in this shape, discovery is impossible. Under this security, on what occasion soever, by the commission of it reward may be earned, or by the noncommission of it, punishment incurred, the commission of it follows of course. No opinion more absurd or more mischievous can be conceived, than are many of those, the profession of which is thus regularly obtained, at the hands of millions. Be the opinion what it may, the support thus given to it, is presumptive evidence of its being in itself false, and conclusive evidence of its being so in the eyes of such its supporters and their approvers. An establishment for the subornation of falsehood is an establishment for the propagation of immorality, and for the poisoning of the fountains of justice. Of no crime commissible by an individual, can the mischief be equal, in extent or magnitude, to that produced by every institution, of which, upon a national scale, corruption in this shape is the fruit.

Art. 7. So, as to all medical functionaries, serving under the Indigence Relief Minister,—it belongs to the Health Minister to exercise the locative, suppletive, directive, dislocative, and suspensive functions: the functionaries so by him located, being at all times subject also to the suspensive function, exercisable, for special reasons, by the functionary having charge of the establishment, for the service of which such medical functionaries have respectively been located.

Enactive. Expositive.

Art. 8. So, in relation to the things immoveable following, and the things moveable thereto respectively belonging,—to him it belongs, always in concert with the Finance Minister, to exercise the several functions procurative, custoditive, applicative, reparative, transformative, and eliminative: that is to say—

1. Hospitals, maintained at Government expense: army and navy hospitals, and preventive service hospitals, if any, included.

2. Lazarettos: that is to say places, within the limits of which, for the purpose of ascertaining the presence or absence of contagious disorders, persons, or property, or both together, are confined: in this case in concert with the Foreign Relation Minister likewise.

3. Laboratories, if any such there are, in which medicines, for the use of the stipendiary branch of the land and sea defensive services, are prepared.

Enactive.

Art. 9. In regard to the other things immoveable following, so far as regards health, as also the persons therein residing, the inspective function: that is to say—

1. Prisons: and all other places, in which any person is kept under confinement.

2. In particular, madhouses, at whose expense whatsoever and under whose care soever kept up, whether at the expense of the public at large, or that of the sublegislatures,—of bodies corporate, or otherwise associated, or of individuals.

3. Edifices, with their appurtenances, belonging to the field of service of the Indigence Relief Minister.

Art. 16. III. Malaria-obviating, or anti-malarial function. To this function exercise will be given, by keeping under review all such local situations, as are liable to harbour or give rise to exhalations detrimental to health.

Of the sources of such exhalations, examples are the following:—

1. Lands which, to whatsoever proprietors belonging, are habitually or occasionally covered with stagnant water.

2. Mines, considered in respect of such inflammable or dangerously respirable gases, as they are liable to contain.

3. Common sewers and drains.

4. Places of interment.

5. Theatres and other similarly crowded places of public entertainment.

6. Manufacturing establishments, considered in respect of the several ways by which they are liable to deteriorate the air, by the several modes in which the operations belonging to them are respectively carried on.

Enactive. Expositive. Instructional.

Art. 17. IV. Health-regarding-evidence-elicitative-and-recordative function. To this function exercise will be given by the elicitation and recordation of the documents following:—

1. Bills of Mortality. The matter belonging to these documents he will receive from the Local Registrars of the several Bis-subdistricts: in virtue of their several functions,—death-recordative, marriage-recordative, birth-recordative, maturity-recordative, and insanity-recordative, as per Ch. xxvi. Local Registrars, Sections 5, 6, 7, 8, 9. On this occasion, separate notice will be taken, and report made of the state of mortality and disease, in the several Hospitals and Establishments, under the management or inspection of the Army Minister, the Navy Minister, the Preventive Service Minister, the Indigence Relief Minister, and the Education Minister.

2. From the several different places, Registers of the Weather, in so far as habitually framed and preserved in the several establishments above-mentioned; also from any other public sources, from whence they may conveniently be procurable: and from private sources, so far as procurable from those sources, with the free consent of the individuals interested.

Enactive. Expositive.

Art. 18. V. Appropriate oustoditive function. In the exercise of this function, he has charge in chief of all medical museums, belonging to Government.

Instructional. Exemplificational.

Art. 19. Of the contents of a Medical Museum, examples are the following:—

1. Anatomical Preparations.

2. Chirurgical Instruments.

3. Specimens of the Materia Medica, preserved for standards of comparison.

4. Herbaries.

5. Medical Books and Graphical imitations.

6. Registers of the Weather, and Instruments for the formation of such Registers.

7. Mortality Reports, as above.

8. Models of the human form, in its natural state.

9. Models of distortions.

Enactive. Expositive.

Art. 20. VI. Aptitude-securing function. In the exercise of this function, to the Health Minister it will belong to watch over the aptitude and efficiency of the application made, of the Probationary Examination system, (as per Ch. ix. Ministers collectively, Section 16, Locable who,) with reference to all aspirants to those offices, the functions of which, are exercises of the art of medicine, in any of its several branches, and to whatsoever subject applied: in such sort that, by the operation of sinister interest,—whether self-regarding, sympathetic, or antipathetic,—no person relatively unapt be admitted, or relatively apt excluded: mindful, that in self-regarding interest, are included not only love of money, but love of ease.

He will, therefore, preside at all such examinations, having for Assessors, persons three or five, elected by all who, in consequence of Examinations antecedently undergone by them, have received certificates of appropriate aptitude.

Enactive. Expositive.

Art. 21. VII. Professional confederacy-checking function. To the Health Minister, under the direction of the Prime Minister and the Legislature,—and with the assistance of the Public-Opinion Tribunal, as per Ch. v. Constitutive, Sections 4, 5, it will especially belong, to be upon the watch against all injury to the health of the community, by the operation of particular interests, in the breasts of medical practitioners, at the expense of public interest: (and, as occasion calls, to make report accordingly:) for example, by associations among themselves for the formation of regulations and arrangements, express or tacit, concerning division of labour, rate of payment, terms or mode of attendance, or otherwise.

Enactive. Instructional.

Art. 22. VIII. Appropriate-publication function. To this function he will give exercise, by giving, to the result of the exercise given to the several preceding functions, the utmost publicity that can be given to them, consistently with a due regard to public economy in respect of the expense, and to the feelings of persons subjected to the exercise of his several functions: yet not so as to give concealment to delinquency, in whatever shape exemplified.

Section XI.

Foreign Relation Minister.

Enactive.

Art. 1. To the Foreign Relation Minister, under the Legislature and the Prime Minister, it belongs to give execution and effect to all Legislative Ordinances and Government arrangements, having for their subject matter, the intercourse between the Government of this State and the Governments or Subjects of other States: executing the business by himself singly, in so far as no business belonging to any other subdepartment is mixed with it; but in so far as any such mixture has place, executing it in concert with the Minister of the subdepartment to which it belongs.

Enactive.

Art. 2. To this purpose, it belongs to him, under the direction of the Prime Minister, to exercise,—as to all other functionaries, in so far as employed in this subdepartment, the locative, suppletive, directive, and dislocative functions;—as to his own office, the self-suppletive;—as to things, in so far as thus employed, in concert with the Finance Minister, the procurative, applicative, reparative, transformative, and eliminative functions;—as to persons and things, the inspective;—as to persons, things, and occurrences, the statistic, recordative, publicative, and officially-informative;—as to states of things, ordinances, and arrangements, the melioration-suggestive.

Enactive. Expositive.

Art. 3. Negotiative function. In the exercise of this function, under the direction of the Prime Minister, he holds communication:—

1. With agents of all classes, commissioned by the governments of foreign states, to hold communication with the government of this state, within the dominions of this state.

2. With Agents commissioned from this Subdepartment, to act in the dominions of foreign states.

3. With the governments of such foreign states, whether directly, or through the medium of Agents from this government, as above.

Enactive. Expositive.

Art. 4. Missive function. In the exercise of this function, he despatches to foreign parts all letters and other documents, written or other than written, to whomsoever addressed, relative to the business of this Subdepartment.

Enactive. Expositive.

Art. 5. Epistolary acceptive or receptive function. In the exercise of this function, he receives all letters and other documents, written or other than written, relative to the business of his department: and this, as well from persons at a distance, whether it be in the dominions of this or in those of any foreign state, or from persons who, at the time, are within reach of oral conference.

Enactive. Expositive.

Art. 6. Hospitial function. In the exercise of this function, he has charge of such reception and entertainment, as is given to any such foreign Agents, as above: having care, that they be secured and continued in the enjoyment of all privileges properly belonging, and prevented from assuming or enjoying privileges not properly belonging, to their respective stations.

Exemplificational.

Art. 7. Examples of the different classes and grades of Agents commissioned from one political state to act in another, are the following:—

I. For general purposes, constantly or incidentally resident.

1. Ambassadors extraordinary.

2. Ambassadors.

3. Ministers plenipotentiary.

4. Chargès d’Affaires.

II. Constantly resident for the special purpose of the affairs of commerce.

1. Consuls, at the superordinate stations.

2. Vice-Consuls, at the several subordinate stations.

III. Occasionally resident for miscellaneous special purposes.

1. Commissioners.

Enactive.

Art. 8. In the exercise of his locative function, under the direction of the Prime Minister, he locates and dislocates Agents of the several classes and grades, as per Art. 7, commissioned to act for this state in foreign parts.

Exemplificational.

Art. 9. Examples of things belonging to this subdepartment are the following:—

I. Things immoveable.

1. The edifice or apartment in which the documents belonging to this subdepartment are kept, and in which the subminister, and the subordinates under his direction, are stationed, while occupied in their official business.

2. The edifice or apartment, if a different one, in which reception is given to foreign Agents, as above-mentioned.

3. The residences of the several foreign Agents, in respect of the care requisite in relation to their privileges, as above.

II. Things moveable.

Art. 2. How questionable soever may be the usefulness of laws made for the direct purpose of giving factitious encouragement to trade, either in the aggregate, or in this or that particular branch, in addition to the natural and aptly proportioned encouragement given by the effectual demand,—need, not only for regulations on the subject of trade, but also for frequent changes in the matter of those regulations, cannot fail to be produced by a variety of causes. Examples are as follows:—

I. In the way of discouragement and virtual prohibition, produced by taxation on the prices absolute and comparative, of the subject matters on which the taxes are imposed; whereby, with or without any such design, discouragement is applied to some and encouragement to others, and thereby a need produced for effects of a respectively opposite tendency, for the purpose of obviating and counteracting such effects.

II. Effect produced on the money prices of commodities,—things moveable and immoveable,—by variations in the relative aggregate quantity of money, of various sorts, as compared with the aggregate quantity of commodities destined for sale.

III. Prevention of frauds employed in the giving to things vendible, apparent degrees of value over and above the real, including cognizance of weights and measures:—suggestion of arrangements, with that view, for the consideration of the Legislature.

IV. Regulation of the temporary monopoly, without which, inventions in relation to the subject matters of trade, could scarcely take place: inasmuch as, after having expended capital in the antecedently necessary experiments, rivals by whom no such expenditure had been made, might, by underselling them, derive to themselves the whole of the profit, substituting loss to profit, on the part of the inventors.

V. Application of attention to the means of maximizing the quantity of true, and minimizing the quantity of false, information, of states of things and occurrences, by the knowledge of which the aggregate of profit in trade is increased, and that of loss diminished:—as to which, see Ch. ix. Ministers collectively, Section 7, Statistic Function.

Expositive. Instructional.

Art. 3. Intimate and constant is the connexion between the operations of the Trade Minister and those of the Finance Minister: proportionably urgent, and indispensable the need, of converse between these two functionaries. But while, in the nature of the case, the Finance Minister is incessantly in action in the exercise of the directive function, in relation to his subordinates, and of the transmissive function in regard to money, in relation to his co-ordinates, in obedience to the exercise made of the directive function by his superordinates, the Trade Minister, as such, will have little to do in any of these ways: his business consisting chiefly in the exercise of the statistic, recordative, publicative, officially-informative, and melioration-suggestive functions.

Section XIII.

Finance Minister.

Enactive.

Art. 1. To the Finance Minister, under the Legislature and the Prime Minister, it belongs to give, at all times, execution and effect to the ordinances of the Legislature, as to the fabrication, receipt, and disposal of the money of the State, and to the occasional directions, from time to time, emaning from the Prime Minister.

Enactive.

Art. 2. To this purpose, subject to the direction of the Prime Minister, it belongs to him to exercise, as to all persons, in so far as employed in the business belonging to the revenue, under his direction, the locative, suppletive, directive, and dislocative functions; as to his own office, the self-suppletive function; as to things, in so far as thus employed, the procurative, custoditive, applicative, reparative, transformative, and eliminative functions; as to persons and things, the inspective: as to persons, things, and occurrences, the statistic, recordative, publicative, and officially-informative; as to states of things, ordinances, and arrangements, the melioration-suggestive.

Exemplificational.

Art. 3. Examples of things belonging to this subdepartment, are the following:—

I. Things immoveable.

1. The metallic-money mint: in which are fabricated such portions of intrinsically valuable matter, as are in use for the purpose of exchange.

2. The paper-money mint: in which are fabricated such portions of the matter of wealth as consist in promises to transfer metallic money.

Enactive. Expositive.

Art. 4. In the exercise of his statistic function, [NA] days before the last day of the current legislation year, he delivers in to the Assembly his annual report.

Instructional. Exemplificational.

Art. 5. I. Retrospective branch. Of the heads and subheads, examples are as follows:—

1. Receipts: Money received in the course of that same year. Subheads: the several taxes and other sources.

2. Expenditure: Money expended in the same period. Subheads: the several departments and subdepartments. Bis-subheads: the distinguishable branches of service belonging to each.

Instructional. Exemplificational.

Art. 6. II. Present-regarding branch. Of the heads and subheads, examples are as follows:—

1. Balance in hand, or deficit—the amount of it.

2. Money, which should have been received, namely, by Government. Subheads: 1. The several sources from whence they should have been received; 2. And the times at which they ought respectively to have been paid in; 3. With indications of the causes of the failure, definitive or temporary, as the case may be.

3. Money, which should have been paid, namely, by Government. Subheads: 1. the several persons or classes of persons, to whom it should have been paid; 2. the several branches of service, on account of which it ought to have been paid, and 3. the times at which it ought to have been paid; 4. with indications of the reasons or causes why, in each instance, it was not paid.

4. To confront with the foregoing, the like statements carried back to the last preceding year, as also to other preceding years, in so far as, to any assignable purpose, useful as well as practicable.

5. For this purpose, in so far as, in the accounts of this or that preceding year, the heads under which the matters are arranged are not the same as those under which the matters of the current year are arranged,—they are brought into coincidence, as far as practicable.

Instructional. Exemplificational.

Art. 7. III. Prospective or Estimate branch. Of the heads and subheads, examples are as follows:—

1. Demands expected. Heads and subheads, as far as circumstances admit, the same as those of the expenditure in the retrospective part: under each such subhead, the sums belonging to it, in the two different years, placed side by side.

2. Fresh demands expected: that is to say, demands for heads of services, for which there had not been in the current year any expenditure. Heads: the department and subdepartments. Subheads: the several services, designative, in each instance, of the cause of the fresh demand.

3. The like carried on, through any number of successive years, in so far as, to any assignable purpose useful as well as practicable.

4. Supplies expected:—means of answering the above demands. Heads: 1. Money in hand; 2. Money expected. Subheads, as far as they go, the same as under the receipts: the sums belonging to the first year, side by side, as above. Of the differences, whether on the side of increase or decrease, the causes indicated. 3. Extinct sources, with their respective amounts. 4. Fresh sources, with their respective expected amounts. 5. Estimate of money expected from fresh sources. Subheads: the fresh sources.

Enactive.

Art. 8. To complete the accounts of the year, within [NA] days after the commencement of the new Legislative year, he delivers in his supplemental report, in which the series of the several matters is carried on, to the last day of the expired year, inclusive: inserting any such observations as, in his view, may be instructive.

Expositive.

Art. 9. In relation to money, the functions that may have place, are the following: the Latin word for money being, for distinction’s sake, prefixed to the name of each respective function.

1. Ære-fabricative, or money-making.
2. Ære-receptive, or money-receiving.
3. Ære-custoditive, or money-keeping.
4. Ære-postulative, or money-requiring.
5. Ære-applicative, or money-applying.

Expositive.

Art. 20. The velocity of circulation is as the number of times that a piece of money of a given amount passes from hand to hand, for an equivalent, in the ordinary way of trade, within a given space of time—say a year.

Instructional. Ratiocinative.

Art. 21. The aggregate quantity, and the aggregate velocity being given, it matters not in regard to prices, in what shape the money has been existing: whether in that of intrinsically valuable money, or that of paper money: i. e. promises of intrinsically valuable money performable to bearer on demand, or similar promises at so many days after date, or after sight.

Instructional.

Art. 22. Modes of payment of which the Finance Minister may have to make choice, are the following:—

Art. 26. Excepted class,—the lowest paid in all departments and branches.

Examples:—

1. In Army, Navy, and Preventive Service,—privates.

2. In the other Subdepartments, the merely writing functionaries, in preference to all specially instructed superordinates.

3. In branches in which all are specially instructed, those under direction, in preference to their directors.

Ratiocinative.

Art. 27. Reason. The higher a man’s place in the conjunct scales of money, power, and respectedness, the greater in general are his means of supplying temporary pecuniary deficiency, from the amity of those connected with him, by ties of interest, self-regarding or sympathetic.

Instructional. Ratiocinative.

Art. 28. The operation of paying money, shall it be performed by the same person by whom the subject-matters obtained by it are employed, or by a different person?

Answer. By a different person. Better that money should not, than that it should be at the disposal of the Minister, for the service of whose department it is needed. Better that in each given place, all payments be made by an appropriate officer, say the Paymaster.

Reasons.

I. Frugality promoted, by saving in the pay of functionaries.

1. The operation of paying money, indispensably consumes a more or less considerable quantity of time, according to the nature of the money, whether in pieces of larger, or in pieces of smaller value.

2. The operation of paying money requires no particular talent, natural or acquired. The operation of giving employment to the subject-matters obtained by the money, will in many, perhaps in most cases require talent, natural or acquired, or both.

3. For engaging the service of a man possessing appropriate talent, more pay at the expense of government will commonly be necessary, than for the engaging the service of a man not possessing any such appropriate talent. For every purpose, which, while an untalented man could have been employed, a talented man is employed, waste will therefore be committed, to the amount of that sum, by which the talented man’s pay exceeds that of the untalented.

Instructional. Ratiocinative.

Instructional. Ratiocinative.

Art. 34. Purchase of instruments of amusement for the rich, with money raised by taxes on rich and poor, is depredation: depredation committed on the poor for the profit of the rich.

Magnificence exhibited by a person at his own expense, is magnificence: exhibited at the expense of others, it is depredation.

Exemplificational.

Art. 35. Examples of depredation in this shape are the following: the purchase-money being all along understood to be that produced by the taxes, or which might have been employed in easement of the taxes.

1. Edifices, although for the use of the public, in so far as rendered costly by ornament.

2. Pictures, statues, and other productions of the imitative arts.

3. Books, valuable no otherwise than for their rarity.

4. Antiquities.

5. Miscellaneous artificial curiosities.

The minds of the rich should not, any more than the bodies, be feasted at the expense of the poor.

Instructional.

Art. 36. Examples of objects which ought not to be confounded in this view with the above, though frequently found in the same collection.

1. Anatomical preparations.

2. Subjects of natural history, in its three kingdoms.

3. Machines and draughts, and models of machines.

Art. 8. Note that, on each occasion, for determining the preference, the proper object of consideration is not the general comparative importance of the two branches of service in question, but the comparative detriment likely to ensue to the universal interest, on that particular occasion, for want of the service of the person, or the use of the things in question, whatsoever may be the branch of service, on account of which, the demand has place.

Exemplificational.

Art. 9. Examples:—

1. For the Army service. For commencing, completing, or repairing a fortification, dismantle not a public building, though it be but ornamental, if from other sources materials can be had at little more expense.

2. So, for Navy service. Cut not down trees, serving for protecting lands or edifices against pernicious winds, nor even those serving for recreation or ornament.

Instructional.

Art. 10. It would be no small convenience, if the office of the Prime Minister and the offices belonging to the several subdepartments, were all under the same roof. In this case, if the situation of the Prime Minister’s office were central, (the others forming a ring around it,) a set of conversation tubes, would enable the Prime Minister to confer with each, and each with any other, without rising out of their chairs.

He who writes this, held conversation once, and without any strain of voice, through a tube of nearer four hundred than three hundred feet in length. The experiment was instituted by him, with a view to a purpose, such as this.

Instructional.

Art. 11. The office of the Justice Minister should rather be remote from, than contiguous to, the above-mentioned cluster of offices. Between the Administrative department and the Judiciary, the less the communication the better. See as to this, Ch. ix. Ministers collectively, Section 26, Architectural Arrangements.

Note to Ch. xi. on the subject of a Religious Establishment, to be paid for at the public expense.

For the business of religion, there is no department: there is no Minister. Of no opinion on the subject of religion, does this Constitution take any cognizance. It allows not of reward in any shape for the professing or advocating of any particular opinion on the subject of religion. It allows not of punishment in any shape for the professing or advocating of any particular opinion on the subject of religion. It leaves to each individual, after hearing any such arguments as he chooses to hear, to decide for himself on each occasion, what opinion has the truth on its side.

No declarations are required, averring exclusive and detailed knowledge of things essentially unknowable, and in relation to which, differences are notoriously universal, and interminable.

In England, true political knowledge is the tree of good and evil: academical death the penalty for touching the fruit of it.

Manifestation of all such knowledge as derived from the free application of the greatest-happiness principle to politics, religion and morals, is the abhorred and dreaded evil, to the exclusion of which all attention and all exertions are directed.

For this purpose, a secondary endeavour is to keep the time of the aggregate of the juvenile population at the universities of Oxford and Cambridge divided between comparatively useless study, and idleness: idleness, although debauchery be the accompaniment of it.

Study, so it be directed to the comparatively useless—in a word, to any but the above-mentioned pre-eminently useful, objects,—has naturally the preference: reason, obvious:—that, by the display of difficulty overcome, the reputation of the place and the system may be preserved from decline.

But to the spectacle of proficiency made in the forbidden branch of knowledge, that of debauchery, as a less evil, will as naturally be preferred.

To one or other of the two desired classes, every student, according to his turn of mind, is thus aggregated: the strong-minded to the uselessly learned class: the weak-minded to the class composed of the stupid, the simply idle, and the debauched.

From all participation in the fund, to the amount of millions a-year, allotted to the purchase of insincerity, who was ever excluded by habitual drunkenness?

Who is there that would not be excluded by heterodoxy? and what is heterodoxy, but non-conformity to the opinions, the profession of which is, under every monarchical government commanded, and which under all those same governments, are at the same time more or less different?

The assumption is that, at the word of command, opinions can turn to the right and left, like legs and arms.

The grand use of what is established under the name of religion is to secure insincerity: to secure untrue assent, and to exclude all opposition to opinions howsoever absurd.

To establish religion, is to establish insincerity: to establish insincerity, is to establish that vice, by which not only vice in every minor shape is served and promoted, but vice swollen into the shape of criminality.

Nothing can be more uncontrovertible than this axiom:—He who, by application made of punishment or reward, discountenances inquiry into the truth of any opinion, declares thereby his persuasion, or at the least his strong suspicion, of the falsity of it: and if by him so simply discountenancing inquiry this persuasion is declared, much more by him by whom the creative power of reward is applied to profession made of it; still more by him, by whom the repressing and extinguishing power of punishment is applied to opposition made to it.

No opinion is there, so erroneous, that will not be embraced, if, for the embracing of it, reward is held out.

Nowhere is anything under the name of religion established in the Anglo-American United States, and where, with such extensively prevalent sincerity, is religion professed, as in those same so happily united States?

In which of them all is it employed as a State engine? In what other political state is it so zealously employed as a support to morality—and in what other state is it a more powerful one?

On the continent of Europe, the restraints upon the study of the most important parts of useful knowledge being the immediate work of supreme power, are more extensively notorious. Means employed, not only withholding of reward, but application of punishment.

Nor yet is the public appropriate examination system undervalued there, or unemployed.

In medicine, rulers see the art and science from which they have most to hope, and least to fear. Accordingly, in that part of the field of art and science, no obstacle being opposed,—examination, to a more or less considerable degree public, is generally in use.

Unhappily for that liberty, without which knowledge is not possible, medical science cannot be cultivated, without close and continual scrutiny into the relation between cause and effect. In London, in a recent instance, certain enemies of liberty and knowledge beheld in the result of a scrutiny of this sort, a proof of the truth of Atheism: the ruin of the author became thereupon the object of their confederated, but not successful, endeavours. Direct profession of atheism is profession of atheism, and nothing worse. Endeavour to crush a man for the profession of atheism, is virtual confession of atheism, coupled with the practice of insincerity and intolerance. In proportion to every man’s love of humankind, and of those virtues on which its felicity depends, insincerity and intolerance of difference in opinion, whatever be the subject, will ever be odious.

[* ]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.

In the statute book of every other civilized nation, the aggregate body of the laws is partitioned into divisions and subdivisions one within another, the results of the last division, being commonly termed articles,—these articles all along distinguished by numbers, and in respect to length, each article differing little if anything from the sentences in a literary work at large. In the Statute Book of England, the whole mass of matter to which authentication is given by one and the same touch of the sceptre, is termed a Statute, and the statutes which in the course of the session follow one another, are distinguished from one another by the title of chapter, with a number annexed. But of these statutes, though there are many of them, each of which is of a bulk equal to that of a reasonable volume, not one has any authentically recognised parts. In practice, somehow or other, in the printed copies, a division has been made of them into numbered sections. But neither this, nor any other division, has place in the original manuscript; and thus it is, that the practice of repealing no otherwise than by description, is kept up.

But this practice,—though it has this for its cause, has no excuse: for if the thing described were—not the purport, but the terms—not the meaning, but certain words—for example, from such or such words in such a line in such a page in the Government-printed copy, to such and such other words in such another line of the same or such other page,—awkward as would be the expedient, uncertainty as to the matter intended, would at any rate stand excluded. [The author’s views on this subject will be found at greater length in the Tract on Nomography, vol. iii. p. 231, et seq. The special defect above noticed was singularly illustrated in the consolidation of the Customs’ Acts in 1826,—part of the project above alluded to. After enormous exertions had been made to collect and describe all Acts and portions of Acts bearing on the Customs, it was found after the consolidating Acts were passed, that some had been omitted, and that a supplementary repealing Act was necessary.—Ed.]

[* ]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.

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CHAPTER XI.: MINISTERS SEVERALLY. - Jeremy Bentham, The Works of Jeremy Bentham, vol. 9 (Constitutional Code) [1843]

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CHAPTER XI.

MINISTERS SEVERALLY.

Section I.

Election Minister.

Enactive.

Enactive. Expositive.

Instructional.

Section II.

Legislation Minister.

Enactive. Expositive.

Enactive.

Expositive.

Expositive.

Expositive.

Enactive. Expositive.

Enactive.

Enactive.

Enactive.

Enactive. Expositive.

Instructional.

Enactive. Instructional.

Expositive.

Expositive.

Expositive.

Expositive.

Instructional.

Enactive. Instructional.

Enactive.

Enactive.

Enactive. Instructional.

Enactive. Instructional.

Enactive.

Enactive.

Enactive.

Enactive.

Enactive.

Expositive.

Enactive.

Enactive.

Enactive.

Expositive.

Expositive.

Enactive.

Enactive. Instructional.

Ratiocinative.

Instructional. Ratiocinative.

Ratiocinative.

Ratiocinative.

Ratiocinative.

Ratiocinative.

Ratiocinative.

Instructional.

Ratiocinative.

Ratiocinative.

Instructional.

Instructional.

Instructional. Ratiocinative.

Instructional. Ratiocinative.

Instructional.

Exemplificational.

Enactive. Ratiocinative.

Expositive.

Enactive.