JB/037/340/001

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1823. May 13
Constitut. Code. II. Rationale

Rationale
( ) Legislators Inaugural Declaration

Question. For what resons employ this Declaration?

Answer. The reasons will appear in the following uses:

1. Use 1. Contributing To appropriate moral aptitude
it contributes in the several ways following

1. It applies As a security for aptitude in that shape
it brings to bear, upon the conduct of the functionary in throughout every part of the field of his authority
it brings the force guardian of the Public Opinion popular or so moral
sanction as applied by the Public Opinion Tribunal: it being
the ch among the characteristics of this unofficial judicatory,
to act, and without injustice or mischief in any shape upon the ground of evidence of a sort upon which no proceeding
could without palpable injustice be grounded in any official
judicatory.

Many are the cases in which but for the sort of
check thus applied, practices misdeeds of the most mischievous nature
would be practiced in full security. Among them is corruption
on the part of a public functionary. Against punishment,
at the hands of the political sanction – punishment such
as that denounced by penal law, it is in a state of compleat security:
for corruption one case there is in case which in a certain shape, both parties – corruptor and
corruptee – may be exposed to punishment: that is – where the service
by the receipt is expectative of which the effect is produced is
a service rendered to the corruptee the functionary in question the corruptee, by the other
party the corruptor. But there is another case in which it
cannot be exposed to punishment. This is – where by a connecti the corruptor or some connection of his, the service is
rendered – not to the functionary himself but to some connection
ofhis, in whose prosperity he has taken an interest more
or less considerable. To the functionary thus corrupted the value
of the service thus extrà seated is susceptible of a gradation which in
the way scale of diminution is infinite. But, in a case what there is
in which it is of exactly the same value as if rende the corruptee himself
were the party to whom it were rendered. This is – where but for this
opportunity of defrayence
and causing the service
to be rendered at the
expence of another person
it would have
rendered to the person
in question by the corruptee
himself at his
own expence. And so common is this case, that unless checked by the only means by which it is capable of being checked, corruption may by this means alone
be made to answer produce every purpose effect which the most zealous partisan of misrule would wish to see produced by it.

Identifier: | JB/037/340/001 "JB/" can not be assigned to a declared number type with value 37.
Date_1	1823-05-13	Marginal Summary Numbering	1-4
Box	037	Main Headings	constitutional code rationale
Folio number	340	Info in main headings field	constitut. code iii rationale
Image	001	Titles	rationale / legislators inaugural declaration
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e1
Penner	jeremy bentham	Watermarks
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	11555
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