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[clxiv. 263]
1820 Aug. 22 1822 Aug. 9.
Emancipation Spanish? /Constitut. Code/
Summary?
?.5. Corruptive influence
Means of reducing
FF. Securities for Official Aptitude enumerated. (Superseded)
In a government in which either Monarchy or Aristocracy has any share, the only means for reducing to its minimum the efficiency of corruptive influence are as follows /may be thus enumerated/.
1. To exclude all /altogether/ factitious dignity altogether
2. In regard to operative power in contradistinction to elective To reduce to its minimum the quantity of it.
3. In regard to offices, considered as being in the hands of the functionary himself, to reduce to its minimum the value of the quantum of emolument in his hands, as also the number of the functionaries
4. In regard to offices considered as being at the disposal of a patron, to reduce to its minimum the number and value of the offices so disposed of: namely by raising to its maximum the number and value of those which are at the disposal of the people at large, delivering their votes by free and genuine and to that end by secret suffrage; always understood that it is not to the filling of every official situation in this mode that a promiscuous multitude can in respect of appropriate information be competent.
5. To provide for the giving by all possible means publicity to whatsoever connection there may be /may have place/ between the representatives of the people individually taken on the one part, and the possessors of lucrative offices and other such good things in the hands of the Monarch or the Aristocracy, on the other: subjecting /obliging/ them for example, on certain occasions to make answer to any such question as shall be put to them in relation to those points.
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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: [[clxvii. 97] 1821 March 28]Description: [clxvii. 97] 1821 March 28 Rid Yourselves Anti-Constitution evils 2. Corruptive influence /Compleatly/ To exclude altogether the operation of the matter of corruptive influence in the hands of the members of the Executive department on the probity of the members of the legislative, is absolutely impossible: towards it all that the nature of the /this/ case allows to be done is the reducing to its minimum the number of beneficial official situations, and the value of each. With the addition of punishment in case of legally proved corrupt obsequiousness and public reproach in case of corrupt obsequiousness believed though no legally proved You can not punish /make/ a man /punishable/ for the act of another: doing so, you would put it in the power of a man's adversary to punish him - to draw down punishment upon his head. Though a man has given his vote for an unnecessary augmentation to the corruption fund, you can not punish him because a son, a brother or a nephew of his has received a lucrative office. But in any case it will at the time of the next Election be for his constituents to choose whether he is the fittest representative they can have.
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Title: [[clxiv. 267] 1820. Aug. 22]Description: [clxiv. 267] 1820. Aug. 22 Emancipation Spanish Summary? ?5. Corruptive influence Means of reducing Under the head of appropriate intellectual aptitude, must /may/ for this purpose /on this occasion/ be included appropriate active talent: for this occasion, for on others it has been considered /regarded/ as distinct. For securing the public service against any deficiency in respect of ordinary intellectual aptitude as thus explained, there is but one mode /sort of arrangement/ to which on any ground of reason any degree of sufficiency can be ascribed. This examination - public examination
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