19 May 1805

Evidence

Ch. false Ends 1. Judges

'3. Corruption -cause

Note. 3A to p.1.

(a) Whether factitious recompense ought /reward shall/ or shall not be attached to labour bestowed in the exercise of a public function, depends every where upon a variety of fleeting circumstances: it will depend up on the sufficiency or insufficiency of the natural reward, if there be any in the situation in which a man is placed. In this respect neither from the name of the function nor yet from the nature of it, can any conclusive indication be drawn /deduced/. In England, not to speak of judicial offices of superior rank, to a judicial office of the same rank, that of Justice of the Peace, no salary at all is annexed in general, a liberal[?] salary in certain situations, and in neither instance without good reason. But the distinction has been the result of mature experience and improved intelligence.

In the highest class of Judges - that which is composed of the members of one of those branches of the supreme legislative body, no factitious recompense in any shape, or at any rate none in a pecuniary shape, is attached to this species of service. But it follows not that the same principle can be applied with advantage to the individuals or nations.

In a rude age, whenever, a factitious recompense has been attached to labour bestowed on the exercise of judicial power, at the same time that the facility of giving increase to the quantity of that recompense has been lodged or left in the same hands, the contravention of every one of those ends, the fabrication of a system of procedure repugnant to every one of those ends, has been the certain /constant and necessary/ consequence.

Against a power thus irresistible, and continually in exercise /always in activity/ to set any bounds to the increase would in the best informed age /[...?] of the public mind/ be supremely difficult, in a rude and inexperienced age, impossible.