JB/039/219/001

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1826. Septr. 22 ... 28.
Constitutional Code. Ch. IX §.17 SupplementCopied and Copy Corrected

Instructional and Ratiocinative

Art. Objection 7. Mischievousness of reductive experience.
When In an instance the case in which in England the same Office – that of a Justice of
the Peace – has been filled, in some places by functionaries serving with Salary, in others by functionaries
serving not in life
but absolutely
without any salary, the conduct inaptitude on the part
of the those unsalaried has been at
at all times and notoriously much greater Stipendiary than part on the part of persons the salaried.
Witness in English practice the sort of function
stiled Justice of the Peace
or of late years in one word Magistrate
who in the Metropolis
and some other places
serves with salary,
but in general without
any.
Art. Answer. A The objection to the

Art. or Very different is the aspect of this objection from that of the
or very different from the foregoing three last. It will be of
It is confined to England, and is of the nature of an argumention and hominem. By On the part of those who
endeavour is to the reduction of public expence ave of signalized themselves in the war against official
waste and depredation, conspicuous has been the war kept up against the class of Judges the Unpaid Magistracy – and
in favour of the Stipendiary Magistracy.

Art. or 2. For a misconduct To whatever every In degree alledges and to whatever
the article extent alled in respect of numbers, the existence of misconduct inaptitude
in this case are on the part of that class of functionaries may be here admitted: it is the result of necessarily efficient
and amply sufficient causes. But those causes are of a nature
widely different from that of a deficiency in the respect of remuneration.
Accordingly, if where, in the course of that war the two classes of functionaries bearing the same official name mixt have been been respectively in the course designated by the opposite denomination of Stipendiary
and Unpaid and Stipendiary Magistrates, merely for the purpose
of distinction – have those denominations been employed, not
as indicative of the cause of the alledged difference in point
of appropriate aptitude, as indicated by general conduct in
the exercise of their respective Offices.

Art. or In the case of the Unpaid Magistracy the inaptitude as to the moral branch of appropriate aptitude is obviously
referable to two causes: 1. virtual impunity: 2. self-judication;
as to the intellectual and active, to the want of appropriate
education and examination. In the present Code both these
deficiencies are obviated and supplied: that As to that which
regard See in regard to the Administration Department §. 29. Securities
for appropriate aptitude; in regard to the Judiciary Department, Ch. XII, §. 31.

Identifier: | JB/039/219/001 "JB/" can not be assigned to a declared number type with value 39.
Date_1	1826-09-22	Marginal Summary Numbering
Box	039	Main Headings	constitutional code
Folio number	219	Info in main headings field	const. code ch. ix supplement
Image	001	Titles	instructional and ratiocinative
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c1
Penner	jeremy bentham	Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public	[[notes_public::"copied & copy corrected" [note in bentham's hand]]]	ID Number	12226
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