The Online Library of Liberty

A project of Liberty Fund, Inc.

• Book I.
• Preface.
• Introduction.
• Chapter I.: General Division of the Aggregate Body of the Law.
• Chapter II.: Constitutional Law.
• Chapter III.: Civil Or Distributive Law. *
• Chapter IV.: Penal Law.
• Chapter V.: Procedure Law. †
• Chapter VI.: Financial Law.
• Chapter VII.: Prescriptions Or Bearings of the Other Codes Or Branches of Law, to the Constitutional Code.
• Chapter VIII.: Public-opinion Tribunal.
• Chapter IX.: Good Rule and Bad Rule.
• Chapter X.: Corruption.
• Chapter XI.: Delusion.
• Chapter XII.: Fiction.
• Chapter XIII.: Factitious Honour.
• Chapter XIV.: Established Religion—none.
• Chapter XV.: Supreme Constitutive.
• Chapter XVI.: Supreme Legislative.
• Chapter XVII.: Supreme Operative.
• Book II.
• Preface to the Original Edition of Book II.
• Chapter I.: Territory of This State, Name, Situation, Boundaries, Divisions.
• Chapter II.: Ends and Means.
• Chapter III.: Sovereignty, In Whom. *
• Chapter IV.: Authorities.
• Chapter V.: Constitutive Authority. *
• Chapter VI.: Legislature.
• Chapter VII.: Legislator’s Inaugural Declaration. *
• Chapter VIII.: Prime Minister.
• Chapter IX.: Ministers Collectively.
• Chapter X.: Defensive Force.
• Chapter XI.: Ministers Severally.
• Chapter XII.
• Chapter XIII.
• Chapter XV.
• Chapter XVI.: Quasi-jury.
• Chapter XVII.
• Chapter XVIII.
• Chapter XIX.: Government Advocate General.
• Chapter XX.: Eleemosynary Advocates.
• Chapter XXI.
• Chapter XXII.
• Chapter XXIII.
• Chapter XXIV.
• Chapter XXV.
• Chapter XXVI. *
• Chapter XXVII.
• Chapter XXVIII.
• Chapter XXIX.
• Chapter XXX.
• Chapter XXXI.
• Appendix.
• No. I.
• No. II.
• No. III.
• No. IV.
• No. V.
• No. VI.
• No. VII.
• No. VIII.

CHAPTER XIX.

GOVERNMENT ADVOCATE GENERAL.

Section I.

Government Advocate General.

Enactive.

Art. 1. Residence. Resident in the metropolis, or wherever else is the residence of the Legislature, will be the Government Advocate General.

Enactive.

Art. 2. Fields of Service. Co-extensive with the whole territory of the state, and thence with the aggregate of the several local fields of service of the several Government Advocates, is his local field of service.

Enactive.

Art. 3. Co-extensive with the aggregate of theirs, is his logical field of service.

Enactive.

Art. 4. Functions. In relation to his own office, belongs to him the self-suppletive function, together with the obligation of keeping it in effectual exercise.

Enactive.

Art. 5. In relation to the several Government Advocates, he possesses the several functions locative, suppletive, inspective, directive, transferential, suspensive, and dislocative.

Enactive.

Art. 6. In virtue of his directive function, he will, in relation to any supposed offence or connected body of delinquency, as often as occasion calls, issue to the Government Advocates of different Immediate Judicatories, directions for instituting and carrying on pursuit against supposed delinquents, in any number, at the same time.

Instructional. Expositive.

Art. 7. The cases in which this complex mode of pursuit is most apt to be called into exercise, are those in which the same forbidden end has been pursued in concert, at the same time, by different delinquents, in mutually distant places.

Examples are:—

1. Treason.

2. Rebellion.

3. Contrabandism.

4. Forgery, and utterance in relation to public money.

Instructional. Ratiocinative.

Art. 8. In determining the Immediate Judicatories, in which, in each instance, pursuit shall have place, he will not forget the collateral any more than the direct ends of justice—the minimization of delay, vexation, and expense, to the supposed, but perhaps erroneously supposed, wrong-doer, as well as to parties wronged and witnesses,—any more than the conviction and punishment of the supposed wrong-doers, in the event of his being found guilty. Accordingly, he will not, except in case of necessity, (regard being had to the interests of all other persons interested,) issue a direction, in consequence of which, a defendant will have to be conveyed to a distance from his home, or his family connexions.

Instructional. Ratiocinative.

Art. 9. Lest the time demanded for more extensive, be absorbed by less extensive, duties, he will not himself act in ordinary as Government Advocate at the Immediate Judicatory, within the territory of which his residence is: that Judicatory having its own Government Advocate: but, in case of need, he has power to do so.

Enactive. Ratiocinative.

Art. 10. Of his own motion, or at the direction of the Justice Minister, in the exercise of his inspective function, he makes Inspection Visits, for the purpose of inspecting and taking cognizance of the conduct of the several Government Advocates, or any of them: of each such visit will be stated and made public the reasons: that is to say, the events or states of things, by which a demand, regarded as adequate, for the exercise of that same function, had been created.

Enactive.

Art. 11. Term of Service. Subject to dislocation, his term of service is for life.

Enactive.

Art. 12. Located how. He is located by the Prime Minister.

Enactive.

Art. 13. Dislocable how. He is dislocable for reason assigned by the Prime Minister.

Enactive.

Art. 14. He is dislocable at pleasure by the Legislature.

Enactive.

Art. 15. So also by the Constitutive authority, as per Ch. v. Sections 2, 3.

Enactive.

Art. 16. He is dislocable, for special delinquency judicially proved, by the Justice Minister; and, in that case, is not relocable by the Prime Minister.

Enactive. Instructional.

Art. 17. Journal of Proceedings. To his intercourse with informants, and to his correspondence with his Deputes and Subordinates above-mentioned, he will give temporary and provisional secrecy, in every instance in which he thinks fit: his order for secrecy being entered on the Record by the word secret, written by him, with his names, proper and official. The record will be a Journal of his official proceedings.

Enactive.

Art. 18. Exemplars of this Journal will be disposed of as follows:—

• 1. Kept in his office, one.
• 2. Transmitted to the Justice Minister, one.
• 3. Transmitted to the Prime Minister, one.

In both instances, the Journal of the day will be transmitted on the same day when minuted.

Ratiocinative.

Art. 19. Question. Why, over and above a Government Advocate in and for each Immediate Judge’s territory, as well as one for each Appellate Judge’s territory, establish one for the whole territory of the State?

Answer. Reason. Because there are many sorts of offences, in regard to which as well co-offenders, as witnesses on both sides, may have their abodes fixed and occasional, in the like number of different Subdistricts, and in various Districts: and in no such Subdistrict or District would there be a Government Advocate, so well qualified by situation, to take an all-comprehensive view of the whole field of judicial action, as a functionary with the same functions stationed in the centre of the territory of the State, and habituated to the making of such all-comprehensive surveys.

Question. Why give to the Prime Minister the power of locating the Government Advocate General?

Answer. Reason. Because next under the Legislature, the business of the Prime Minister, being to give on every occasion execution and effect to the will of the Legislature as expressed by its laws, and he being responsible on that account to the Legislative and Constitutive authorities,—to no other functionary, or set of functionaries, can with equal aptitude be allotted the choice of the functionary on whom, in contested cases, is reposed the care of taking appropriate measures for securing the effectuation of that purpose.

Question. Why, with relation to the same subordinate give to the Prime Minister the power of dislocation?

Answer. Reason. Because without the power of dislocation, the power of location would not be sufficient to produce the effect: especially as, on the Prime Minister’s coming into office, he would commonly have for this his immediate Agent in the Judiciary Department, an individual located,—not by himself, but by some predecessor in office.

Section II.

Government Advocate General’s Registrar.

Enactive.

Art. 1. Attached to the office of Government Advocate General, is that of Government Advocate General’s Registrar.

Enactive.

Art. 2. His relation to the Government Advocate General, is the same as that of the Registrar of an Immediate Judicatory to the Judge, as per Ch. xxi. Section 2.

Enactive.

Art. 3. His term of service is for life.

Enactive.

Art. 4. His attendance is the same as that of the Registrar of an Immediate Judicatory, and enforced by the same means.

Enactive. Instructional.

Art. 5. His remuneration is [NA] per day; received by him from unwilling hands, ulterior emolument is extortion—from willing ones, corruption.

Enactive.

Art. 6. He is locable out of the List of Immediate Registrars.

Enactive.

Art. 7. He is located by the Justice Minister.

Enactive.

Art. 8. He is dislocable by the Government Advocate General; but on appeal, relocable by the Justice Minister.

Enactive.

Art. 9. In other particulars, the sources and causes of dislocation are in this case, the same as in the case of the Registrar of an Appellate Judicatory.

Ratiocinative. Instructional.

Art. 10. Question. Why, in regard to the situation of Government Advocate General’s Registrar, give the power of location, not to the Prime Minister, as in the case of that of the Government Advocate General himself, nor to the Government Advocate General—principal in the office,—but to the Justice Minister?

Answer. Reasons. 1. To the end that the authority of the Registrar may serve as a check upon that of the Government Advocate General. This it will do, partly by throwing, upon occasion, the light of publicity upon every act of the active functionary; partly by the danger which he would see impending over him, in the event of his exercising any act which in the view of this constant and irremoveable inspector, were an unwarrantable act.

At the same time, the Registrar not having a veto upon any act whatsoever, exercisable by the active functionary, neither frustration, nor so much as delay could be applied to any official act, which the Advocate might see reason to exercise.

2. The Justice Minister having this power, together with the inspective function, with reference to all other Registrars in the Judiciary Department, will, in respect of appropriate, cognitive, and judicial aptitude, be naturally possessed of a greater share of aggregate appropriate aptitude in relation to the choice, than could fall to the lot of a person occupying the situation of Prime Minister.

3. If the power of locating a successor were in this case in the same hands as the power of dislocating with reference to the functionary in possession, the result would be, a double interest in making a sinister application of the power of dislocating: namely, the advantage of getting rid of a troublesome inspector and eventual adverse witness, coupled with the advantage of locating in the person of a relative or other dependant, an ever ready accomplice. The benefit of the patronage, operates as a bounty upon the exercise of tyranny and oppression.

For other matters, see Ch. xviii.