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[clx. 424]
1822 July 28
Constitut. Code
Power, considered in respect of the instrument by which it operates on the human mind and exercises itself is either power acting /operating/ by punishment whence fear of evil or power acting /operating/ by reward whence hope of good. Of reward or say remuneration the main instrument /shape/ is the matter of wealth: or for shortness putting as is not unusual the part for the whole, in one word money: by which must in this case be understood not only money but moneys worth in a word every thing that is to be had for money. Where /In so far as/ punishment is the instrument employed and /or/ trusted to, the word power is retained and employed: in so far as money is the instrument employed and trusted to, the word money or some equivalent of it is most commonly employed and note that by being taken away, the matter of punishment may be made matter of reward: witness pardons and /as likewise that/ by being taken away the matter of reward may be made matter of punishment: witness fines.
When public money is placed at the disposal of a public functionary, the purpose for which it is so placed may be that of its passing out of his hands in exchange for something that is /designed/ to be employed in the public service, or that of its being applied to his own use, in remuneration /retribution/ for the services whatsoever they may be which he is regarded as rendering or about to render to the public
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Title: [1822 Aug. 24 Constitut. Code.]Description: 1822 Aug. 24 Constitut. Code. 1. Instruments of good and bad Rule: incorporeal felicity being the universal end, d o. and its opposite are not only the universal subject matter of all operations, but also the instruments or of operating towards that end. No otherwise than by means of pleasure and pain can sensitive beings be rendered productive of either. 2. Differ, however, from the appellations employed in speaking of them as ends those employed in speaking of them as means. 3. 1. Force, intimidation, and remuneration — instruments of all rules thence of good rule. 4. 1. Force: viz. physical seat of it, body. Without this, then other instruments can not be brought into action. For conduct of government, things are not less necessary to be operated upon than persons: only by physical force can things be directly operated on. So as to persons: only by force can an obstinate intruder be removed out of a house, if neither intimidation nor remuneration prove effectual. 5. 2. Intimidation. This is force applied to mind. It is eventually efficient — cause of infelicity: evil so applied: punishment is the most prominent and extensive instance of its application: under Good Rule, punishment evil — pain-applied to a man in case of his failing to contribute in the manner indicated to the maximization of felicity. 6. 3. Remuneration. This is eventually efficient cause of felicity, good: applied to the purpose in question in consideration of a man's having contributed, or being engaged or expected to contribute to felicity in some shape and occasion indicated or not indicated. 7. Distinction between external and internal instruments of felicity. See above or below. 7 (a). 1. Imperfection not furnishing a word for hope existing analogous to intimidation. 2. Practically useful source of instruction, analogy between punishment and reward. 7 (a) contin d. 3. To reward is to punish - superfluous remuneration is depredation: practical results these. 4. Hence, what men learn to apply to reward whatsoever frugality they apply to punishment. 8. By good rule, intimidation and allurement are minimized: by mis- rule maximized. 9. 1. Intimidation minimized. Reason, it can not operate unless followed every now and then by punishment: producing sufferance: and itself it involves sufferance. 10. 2. Allurement affording prospect of remuneration minimized. Reason. By Government good can not be procured but by means of evil rather of good and d o. of evil are a great extent the same thing. Witness power & wealth by ingress enjoyment produced: by egress lost and suffering substituted.
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Title: [1822 July 19 Constitut. Code. Rationale]Description: 1822 July 19 Constitut. Code. Rationale 1. Arrangements proper for producing the benefits proposed from factitious honor. 2. Discarded here from the beneficial effects is addition to Monarchs power. 3. Use naturally proposable, production of meritorious service to community, through Government or otherwise. If yes, it must be by notification of the meritorious service, quality and quantity, that retribution made be made by respect. 4. To maximize the usefulness of it in this way, is to maximize the value of the meritorious service produced by each acct, whereby honor is thus conferred. Ends here to be aimed at are — 1. Value of such meritorious service maximized. 2. Expence of the reward minimized. 5. Consider and or here 1. In each occasion, for service to be produced, benefit of reward must outweigh burthen of service. 2. The greater the service, the greater the award worth giving for it. 3. Of rival services, to obtain the most valuable offer the greatest reward for it. 6. Sole shape here in question the honorary not for service in all shapes is reward in thus sufficient, or unapt. Where by the service loss in money is sustained, remuneration commences not till after loss fully compensated. So as to loss in time and labour sold for money. If by the reward, future contingent service be intended to be obtained, not only actual past loss but originally probable loss must be considered. 7. By apt and adequate notification of past service rendered, i.e. by honor thus conferred, the maximum of future service may be obtained at the minimum of expence: for the value of the reward thus rises with d o. of the past service rewarded by it. 8. Facts proper to be notified here are — 1. Quality of the service. 2. Quantity of d o. 3. Individually whom rendered. 4. Circumstances constitutive of its value 5. Circumstances constitutive of the burthen of rendering it. 9. Judgment of remuneration its contents. 1. Declaration of meritoriousness — brief reference had to judgment appointing individual punishment in criminali. 2. Publication of the particulars of the meritorious service as above: appointing 1.Typographical form 2. N o. of copies printed 3. How to be disposed of. 10. Aggregate of these remuneratory judgments, or reports of Remuneratory judgments. The Register of Meritorious Service, or Meritorious Service Register: or good-Desert Book. 10 (a) Analogous could be ill-desert Book 11. Classification of contents, at first chronological only: when a certain quantity of matter has accumulated add Logical or say Methodical d o. 12. Acquiring from analogy the expence of such adjudication need not be grudged. 1. Not grudged is the expence of contestation, concerning any the smallest reward claimed by an individual at the hands of an individual on the score of ordinary service rendered. 13. Without such proof and contestation, or opportunity of contestation, no reward at public expence should be given: thus alone it is given on. 14. Of service not great enough to be thus notified, the notification may be left to the service- -renderer.
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Title: [[clx. 257] 1822 July 4 Constitut]Description: [clx. 257] 1822 July 4 Constitut. Code Factitious Dignity /Honor/ ?.3. Arrangements apt what 1 Note that In the instance of every such service, the mass of reward in all its parts taken together must afford such a mass of benefit to the individual in question as shall be sufficient to outweigh in his mind the burthen sustained by the rendering of it. In so far as public affection and respect enter into the composition of the means of purchase, this relation between quantity of service and quantity of reward will require to be considered. Benefit of reward must outweigh burthen of service. 2. The greater the value of the service, that is to say of the benefit, the greater is the burthen which those /he/ on whom it depends in the instance in question will be disposed to take upon himself on the occasion and for the purpose of his rendering it. The greater a service, the greater the reward worth giving for it. 3. If on any occasion there be two services so circumstanced that for the individual or individuals in question either may /can/ be performed but both /not both/ of them not, any two masses of reward that shall appear capable of being earned by the performance of the two services respectively should be so apportioned, that the receipt of more valuable reward shall be attached to the act of rendering the more valuable service Of two rival services, give /offer/ greatest reward for the most valuable. 4. Note that the only shape in which reward /remuneration/ belongs to the present subject is the honorary shape. That it is not for service in every shape that reward in this shape will be sufficient or even so much as apposite, is sufficiently evident /manifest/. Where, in the course of action whereby meritorious service has been rendered loss has been suffered by money expended profit does not commence, reward does not commence till compensation has been made for the full amount of the loss: and in the account of money must be comprehended that which in the time in question would have been received by the individual in question in return for labour expended Moreover if by the reward conferred it be intended to purchase at the hands of other individuals future contingent service, not only actual loss, but probable risk must be taken into the account.
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