[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