date

1 June 1805 Evidence Introd
1 June 1805

Evidence

Introd.

Ch. False Ends Judges

' 3. Corruption - cause

''.5. Channels through which the matter of corruption

between service and reward is formed in the manner in question, every particle of reward /whatever portion of the matter of the reward/ which the judge can hope to possess himself if by operations directed to that end, operates upon his mind, every particle of it in the way of corruption /a sinister direction/: or by a change not the less but the more effectual by being latent /quiet/ and imperceptible, the matter of reward

A point /distinction/carefully to be observed is - that it is in the mode of connection only, of the connection between the service and the reward, not in the quantum /magnitude/ of the reward, that this /so disastrous a/ change depends: and that of any increase, when the connection is formed in the conscious and proper mode, is not to operate /act/ as a forment, but on the contrary as a check.

If by adding to the number of operations performable /performed/, and thence of fees receivable from the aggregate number of suits in a year, that aggregate remains the same, it be in the power of the Judge to increase his annual emolument, from ,200 a year to ,400, the prospect of each /the/ additional ,200 a year operates /acts/ upon his mind in the character /form and direction/ of a bribe. Whereas if, instead of being thus capable of being by his own sinister exertions doubled, it be /were/ quadrupled to him in the shape of salary, no sinister influence takes place.
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  • Title: [1 June 1805 Evidence Introd]
    Description: 1 June 1805

    Evidence

    Introd.

    ' 6. Interest connection

    Not that this sinister interest could have been productive of any very serious mischief, had it not been for the sinister interest of the superintending /superior/ and all-ruling functionary, the Judge.

    In multiplying useless operations, it was /became/ necessary to him to multiply hands to perform them: in multiplying useless written testimonials it was necessary to multiply the hands that were to write them: in multiplying nonsense it was necessary to multiply heads that should understand it or pretend to understand it - in multiplying /augmenting/ the mass of operations, of instruments, of nonsense, all together, it was /became/ necessary to multiply tongues to talk about it.

    Each having his service to perform, each would be to have his recompense for performing /reward for rendering/ it. In this as in other lines /fields/ of labour, as the demand grew, the supply grew up along with it. Under a connection thus necessary and thus intimate, like porters crowding about a passenger at his landing, but were they ever so numerous, he could not multiply his own fees, without multiplying theirs at the same time. He could not therefore saddle the suitors with any gross quantity of burthen for his own benefit, without saddling them with a burthen of much greater weight for the benefit of these his associates and confederates. (Thus miserable /disastrous/ was the condition /situation/ of the suitor, thus fortake in mischief the germ of corruption once inoculated into the body of the law.)

    Thus it is that for every particle of the matter of emolument, (that is thus [...?] into the matter) of corruption, received into his coffers, and /together/ the correspondent portion of public mischief wrought by his own hands it became necessary to load society with perhaps twenty times the mischief /quantity/ wrought by those other hands. He has found himself in the situation of a surveyor, paid by his employer, by a per centage, say five per cent, on the money expended on the building: or the house, the office, the prison, or the palace.
  • Title: [1 June 1805 Evidence Introd]
    Description: 1 June 1805

    Evidence

    Introd.

    Ch. False Ends. Judges

    ' 6. Interest connection

    ''.6. Connection between the Judge's and other sinister interests.

    Among the different classes of men of law with /by/ which society is saved and afflicted /kept together/ [and afflicted],, /afflicted served and kept together/, that of the Judge, though the highest is but one. Of the others, as formed by natural causes, an enumeration has above been given: + and, be it as it may /howsoever the matter may stand/ with regard to the relative number of the individuals it has been seen at the same time how impossible it is that society should be rid of any entire class.

    Of the sinister interest conferred to the person of the judge the nature and cause has /causes have/ already been explained. But every other class of lawyers has its interest: and in each instance that same cause has rendered the interest a sinister one. The direction thus given to the form of interest was indeed in these instances still more unavoidable than in that of the judge. Had intelligence /wisdom/ as well as opulence exerted on the part of the legislator in sufficient quantity /degree/ Judges and other official hands /such servants of the public/ might from the first have been paid by salary: but in the sort of /this field of/ service here in question such mode of payment would not have been applied /applied itself/ to the services rendered to individuals by individuals: the service being occasional, and [...?], such could not but have been the reward.

    + ch. Vexation
  • Title: [10 May 1805 Evidence Introd]
    Description: 10 May 1805

    Evidence

    Introd

    Ch.5. Collateral Incidental

    '.6. Expence.

    Of the connection between vexation and expence, of the tendency which the former one has to change its seal[?] and transform itself into the other, mention has already /just/ been made. Of the impossibility of any exact /exactness of/ equipoise between the burthen and the compensation, and of the increase naturally /thence/ given to the burthen for the sake of /purpose of/ giving a correspondent but always preponderant /more than equivalent/ increase to the compensation, mention has also been made. In a practical view this theoretical connection - this [...?] connection is of /will be found to possess/ no small importance. In it we shall find the seed /germ/ of all that mass /torrent[?]/ of factitious evil with which the actual system /established Systems/ of procedure have almost every where been infected /drenched/ and overwhelmed.

    In this unhappy connection we shall find the differential character /characters/ of two opposite systems of procedure: one, the end and object /object and tendency/ of which is to reduce to their minimum these collateral evils as well as the direct evils of procedure, the other in which from /in/ the proportionable profit extractible from the other branches of the mass of collateral evil, not only that part /branch/ of the aggregate mass of evil has been carried to its maximum but amount of the direct branch has been augmented in a variety of ways.