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1822 May 5
Const
Competition shall it be applied to a man who is actually serving in
the Office?
Aptitude in respect of Pecuniary Solvency
Q. What is the most apt mode of making application of the principle
of Competition to the purpose of obtaining on the part of a Public Functionary the
maximum of the aggregate of appropriate aptitude
A. The first thing /points/ to be ascertained is/are/ the duties
attached to the Office: 2. the emoluments and benefit in all shapes attached to it.
The sort of instrument and the only instrument by which these duties can be
adequately made known, is a book all the duties /services/ exigible at the hands of
the functionary in virtue of his Office are /stand/ expressed, and which to answer
this and all other purposes will require to be printed and published
Competition is either in the way of /line of offers made of/
pecuniary sacrifice or in the way or by manifestation made in the line of personal
aptitude.
In either case /both cases/ let thereby notice be given of the
existence of this Code and where copies of it may, and at what price be had: due time
being allowed for the consideration of it. Add Notice of the day and place at which
and the interval of time at which tenders will be received
At the time appointed let the several Competitors or say Candidates
make their appearance together in the presence of the Functionary or Functionaries
appointed for that purpose. The separate offers with the names of those by whom they
have been respectively made competition may thereupon commence and be carried on in
the way /ordinary mode/ of Auction termed in English Auction in French a lu fitte enchere. Question having been put to each
competitor in the presence of the rest whether a copy of the Code belonging to the
Office has been received and read by him.
On the other hand, let the aggregate emolument or benefit which in
all its branches is attached to the Office form part of the Code: the emolument
together with the times at which the successive portions of it shall be receivable
and a specification of the several conditions respectively necessary to be fulfilled
ere the several receipts can take place.
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Title: [[clxiv. 265] 1820 Aug. 22 Emancipation]Description: [clxiv. 265] 1820 Aug. 22 Emancipation Spanish? Summary? ?.5. Corruptive influence Means of reducing 10. There are two modes of reducing the quantity of factitious reward annexed /found attached/ in the shape of emolument to an office: one is the substracting from the sum of money representative of the emolument: the other is requiring from the functionary for the use of the public a sum of money for a lease of the office determinable either by the end of his life, or at some earlier period. The first may be termed the direct; the other, the indirect mode. 11. To reduce /For reducing/ to its minimum the quantity of factitious reward, /thus/ in the shape of emolument, thus attached to an office, there is but one mode, which is that by auction - the biddings being the sums which each bidder is content to give for the office so circumstanced. 12. In relation to the functions of an office, appropriate /all/ aptitude may be reduced to one or other of two modes: appropriate moral aptitude, and appropriate intellectual aptitude Of moral aptitude the most conspicuous and important mode or shape is pecuniary trustworthiness. A deficiency of it, manifested by an act of unlawful appropriation is termed peculation, and is proved, by, and in proportion to, the quantity of unallowed pecuniary emolument, which, by the powers or other means attached to the office he contrives to possess himself. 13 To peculation the most obvious temptation is that which is afforded /applied/ by the lawful possession of money or moneys worth in virtue of the office. For security against it a remedial /an/ arrangement commonly provided is the obligation of finding bondsmen: persons who in the event of such a transgression on the part of the fuctionary, consent to be obliged to make good the deficiency. 14 A more simple and immediately effectual arrangement in the case of a functionary who in virtue of his office has public money lawfully in his possession /hands/ or power is /consists in/ the reducing to its minimum the quantity of that which he has in his hands, and the time during which he has it in his hands.
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Title: [[cvi. 312] 1823 Jany 24[?]]Description: [cvi. 312] 1823 Jany 24[?] Economy as to Office J.B. to Ternaux Inserenda - proposed but discarded The less a man will take with it or the more he will give for it, the greater is his relish for it and the greater his relish for it, the greater the probability of his being fit for it. If the income the functionary has, is not sufficient to enable him to make a decent appearance in it, he will have recourse to mischievous expedients, it has been said, for the augmentation of it. Likely enough and if he thinks /in his expectation/ he can escape /evade/ punishment, so he will be his income ever so enormous, and the more enormous his income, the more easily will it be for him to escape punishment. The more ample and influential will be the circle of his adherents and protectors. To know whether in addition to the necessary pay, any over pay is attached to an office, note the pay attached to an office of the same functions among the lowest-paid that are to be seen any where: for example in another part of your own country or in any foreign country, whose Institutions have grown out of yours, such as the Anglo American United States, not that even in that seat of comparatively good economy the maximum of good economy has in any of the States been reached. To reach it, attaching or not attaching to each office an income regarded as constituting a maintenance to the functionary invested with it, put up to auction the office with its power and emolument, and knock it down to the best bidder. Bondsmen in so far as pecuniary trustworthiness, and Public Examinations in so far as appropriate intellectual aptitude are requisite for the Office are here supposed.
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Title: [1822 April 30 Constitutl Code Economy]Description: 1822 April 30 Constitutl Code Economy etc Auction 1. Obligatory 2 Unobligatory 1. Competition. 2 Public Examination 1. Generally applicable means - minimum of money given with the office; maximum for do Q. What are the means capable of being employed /applied/ with advantage to the purpose of securing on the part of public functionaries in general the existence of the aggregate of appropriate aptitude in the shape of appropriate active aptitude A. The magnitude of the price which the individual is content to pay for the faculty of rendering service to the public in the shape in question. In the scale of this price there are three distinguishable degrees. 1. Serving for small pay. serving without receiving money in the quality of pay for but at the same time without giving money for the office. 2. paying money for the office. The higher the price an individual is willing to pay for the Office, the Office being of the number of those to which obligations /duties/ are attached, the stronger /greater/ is the pleasure he proves himself to enjoy or to expect /anticipate/ from the performance of the operations belonging to it. But caeteris paribus be the operation what it may the greater the pleasure a man takes in the performance of it /them/ the greater is the skill which he is likely to be possessed by him and manifested in his performance of it /them/
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