[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.