JB_164_248.xml

Title: [[clxiv. 248] 1820. July 26.]

Description: [clxiv. 248]

1820. July 26.

Emancipation Spanish

Summary?

Corruptive influence degrees

1. The highest degree of efficiency is where to the receipt of the sinister and corruptive benefit no special act done in the intention of producing the public mischief /that view/ is at the hands of any particular individual necessary: the benefit falling into his lap in virtue of the general arrangements that have place on the part of the law

2. The next highest degree of efficiency is where to the receipt of the benefit although a special act done in that view may be regarded as necessary, yet no such special act is actually necessary to be done, what is sufficient for producing the /an adequate/ expectation of the benefit, is - the existence of a person, who regarding it as being for his interest to produce the public mischief is in a condition to confer on the individual under temptation a benefit sufficient to produce the corruptive effect

3. The next highest or third degree of efficiency is where to the receipt of the sinister and corruptive benefit a special act done in the intention of producing the public mischief is necessary.

JB_164_246.xml

Title: [1[clxiv. 246] PRIVATE 1820 July 26]

Description: 1[clxiv. 246] PRIVATE

1820 July 26

Emancipation Spanish

Summary?

Corruptive influence Degrees

Quere whether to reverse the order of these degrees?

AA. Corruption - degrees of its efficiency. King Judges etc Self-corrupters.

Corruptive influence has place and effect, wherever and in so far as by means /instruments/ /force/ of the agreable and /or/ profitable class /kind/ /description/ a mans interest /of /he being/ a public functionary/ is, in an effective way in opposition to the universal interest - and thence /thus/ in opposition to his duty.

The value of the instrument of corruption being given It operates with different degrees of force according as for its efficiency it is less dependent on other co-operating causes /forces/, for its efficiency, and less exposed to the opposing action of counter-forces

1. The highest degree of efficiency is where without need of the existence of any individual regarded as desirous of giving to the conduct of the corruptly influenced person /functionary/ the sinister tendency the /direction, the corruptive/ benefit in consequence of an arrangement taken by the law itself drops into /finds its way into/ his pocket as it were of itself in proportion as by the line of conduct he takes on the occasion he sacrifices to that his private interest his own duty and the public interest. Examples

1. The /The situation of/ Judge who reaps a profit proportioned to /rising/ the expence, and thence to /with/ the delay and vexation to which in his judicatory the suitors are subjected

2. The situation of Judge - who, seeing his profit rising /encreasing/ thus with the misery of suitors /litigants/, and with the number of litigations, sees at the same time the number of litigants in his judicature encrease with the distress of the country and thence with the miseries war, and being at the same time a /an influential/ member of the legislative body in which war and peace, derives a mass of emolument rising in proportion to the amount of the misery which he is instrumental /contributory/ to the production of.

JB_164_099.xml

Title: [[clxiv. 99] 1820 June 20 Emancipation]

Description: [clxiv. 99]

1820 June 20

Emancipation Spanish

?. Corruptive influence

?.1. Persons operated on

3 Persons operating?

1 or 3 In a mixt Monarchy, as above, the function and use of those of the public functionaries that are trustees of and for the people is - to operate as a check and controul upon the power of the Monarch. In this case it is to the prejudice of the people, and of the people only that any breach of trust on the part of this class of functionaries as such, a breach of trust by whatsoever means - corruptive influence or any other can operate.

In a pure Monarchy, the people having no trustees no breach of trust operating to the prejudice, or at any rate operating in an immediate way to the prejudice of the people can have place.

By persons other than the Monarch, the functionaries under him - his public Servants the functionaries under him may be, and /and every where will naturally be/ continually corrupted. But it is not by him that they can be corrupted. Not by him on them can any influence which can with propriety be called corruptive be exercised. To engage them to support his interest to the prejudice of all other interests, no need can he ever have to apply to their breasts the matter of corruption - the instrument of corruptive influence. Whatsoever it is in their power to do in support of such his interest he has it in his power to engage them to do by means of an instrument much more efficient, namely coercive force. The matter of corruption /the instrument of corruptive influence/ leaves acceptance at the option of the party /individual/ to whom it is offered: and by that option its efficiency is narrowed and rendered precarious: coercive force leaves no option leaves nothing wanting to its efficacy. The matter of corruption is a costly matter: the utmost extent to which it can be applied is limited: and the cost of it is a burthen upon the hand /him/ at whose immediate expence it is applied. Of The /Once composed, the/ instrument of coercive force, when once it is composed the application costs nothing: the extent to which it can be applied is unlimited.

Manchester Yeomen's sabres. Parson Hays 2,500 a year Living.