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28 March 1804
Evidence
Forthcomingness
Ch Means
2 Remuneratory
A state of things much worse, and but too often realized, is where there is the sound of a reward without the substance. An unavoidable though perhaps not generally /manifestly/ apparent expense an expense which has the instructive effect /influence/ of punishment is annexed to the rendering of the service. This expense a man does not choose to lode himself with. The apprehension of it, joined to the other restraining motives, forms a body of restraining force too strong for the [...?] motives. Were this restraint removed in toto /altogether/, the [...?] motives might /would/ be sufficient to turn the scale. But the reward, so ill is the quantum of it adjusted, covers but a part of this expense. In this case the reward instead of contributing any thing /promoting in any degree/, militates[?] against the object in view. Instead of the profit professed to be given by the reward, what a man really gets /would really get by the service/ is real loss, aggravated by real disrepute.
The disrepute which in many cases is attached to the acceptances of the matter of reward /reward/, does not extend in any case to the acceptance of the same pretious /desirable/ matter in the shape of indemnification. Many a man thinks himself /would think himself/ above /disgraced by/ the acceptance of the matter of reward: if not on all occasions, nor in all shapes, at any rate on certain occasions, and in certain shapes in particular in the shape of a sum of money; especially if the quantum /amount/ of it be in a small ratio to the mass of his pecuniary means. No man thinks himself degraded by the acceptance of an exemption from loss. In France, while the aristocratical principle /sense of honour/ was in vigour, acceptance of an exemption form the tax called the Taille, so far was it from being considered as dishonourable /a degradation/, that degradation would have been considered as a result of the being not exempted from it. Wilful falshood from any mouth, but above all from the mouth of law and government the mischief are so baneful /of falshood is so great/, that no obtainable advantage can make up for it. But on the account of falshood if misrepresentation in any shape were beneficial, better give reward under the name of indemnification /indemnity/, than indemnification adequate or inadequate or adequate under the name of reward.
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Title: [28 March 1804 Evidence Forthcomingness]Description: 28 March 1804 Evidence Forthcomingness Ch. Means 5. Another disadvantageous effect which, in this case is apt to accompany the use /result from an insufficiently guarded use/ of the matter of reward. 5. There is yet another way in which, owing to the folly of mankind, the disrepute attached in such cases by prejudice /by an illconsidered law of the popular sanction/ to the acceptance of the matter of reward, gives /answers/ disadvantageous consequences to the use of it by lessening or even destroying the efficiency of it altogether. A man, who prompted by no matter what other motive - public spirit, love of reputation, private enmity, sense of religious duty, would have rendered the service gratis, if called upon by a simple invitation, stands aloof, and forbears to come forward, through the fear of the disrepute which on these occasions he sees attached by the popular sanction to the acceptance of the matter of reward. He knows, and beyond all danger of self-deceit, that it is not the hope of the reward that would constitute his inducement, or any necessary part of his inducement, because he knows that if there had been no reward he would have come forward and rendered the service. But what he knows at the same time, because it is what every body knows is that it is to the /desire of the/ reward alone or some other unpopular motive that his conduct will by the public in general be ascribed, and not to the motive by which he was really actuated, unless that also was an unpopular motive, or interpretation which would not be more favourable to him than the other. From this imputation, it may be said, such as it is, he has it in his power to clear himself: let him refuse the reward when earned, nobody can then say that it was the desire of it that constituted his motive - Good: provided the reward be earned: but what if the decision go the other way? The imputation will be sure to stick to him, so long s the falsity of it is not impossible.
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Title: [28. March 1804 Evidence Forthcomingness]Description: 28. March 1804 Evidence Forthcomingness Ch. Means §.3 Remuneratory §.3. Remuneratory applications. For the discovery of sources of evidence, an application of the matter of reward will in many /various/ cases be necessary. Why? because without such application evidence will not be at all obtainable. A mass of inviting motives will not exist capable of countervailing and surmounting the force of the restraining motives. Meantime The use of it is subject to a variety of disadvantages; viz: when compared with simple invitations in one hand, and compulsory applications on the other. 1. Taken by itself its efficacy is precarious. The individuals capable of earning the ward being unknown, it can not be adjusted to their respective /the standard/ circumstances. And were they all known, reward has no such mastery over the will as punishment has. This inefficiency in the matter of reward is supplied more or less by combination /admixture//its being combined/ with a competent allotment of the matter of punishment 2. It is essentially attended with expense: the efficacy of it or rather chance for efficacy is in general only in proportion to the expense. Compulsory application /Compulsion/ - punishment is indeed also connected though in another shape with expense. But besides the difference in quality between the expense of reward and the expense of punishment, there is this difference in point of certainty. The event in which the expense of reward is incurred - is that of success viz: the success of the other made by of /by/ it: success which is set over the most probable result and the most desirable. The event in which the expense of punishment is incurred, is only that of non-success: nor even then does it come to be sustained of course: nor is it ever inflicted but where in the judgment of those on whom it depends, it is become necessary to inflict it. In that state of things which is at once most natural and most desirable, no expense at all is incurred on this score.
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Title: [29 March 1804 evidence Forthcomingness]Description: 29 March 1804 evidence Forthcomingness Ch. Means 2. Remuneratory The cases in which disrepute attaches to the acceptance to the matter of reward, and those in which it does not, are so well known to every body, that it may seem scarce worth while to sit down to mention them. It is a sort of expression /one of those many expressions/ which fall in the way of every body, but which in the way of legislation are not turned to account by any body. In every branch /line/ of government - legislation - administration - judicature - what men consider is - what in that line /the line in question/ has been the practice much more than what have been the effects of that practice. In every man in office there are /consists of/ two uncommunicating persons - the individual and the man in office. The experience of the one [...?] not /is not experience/ to the use of the other. The whole stock of /professional//official/ errors which there has been occasion to point out on the ground of the law of evidence, have all of them been fallen into in spite /the teeth/ of the light of general experience - because the wisdom of the individual has been overruled /stifled/ by the prejudices contracted by the man in office. A lot of reward which been offered in all causes and to all persons is not adapted to causes of all sorts and to persons of all classes - is not adapted to its purpose. State the mode of adapting reward to causes, classes of persons, and occasions[?] at some other time.
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