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1824. August 14
Constitutional Code
+ 5
Used 5
Ch. XII. Judiciary collectively
§.17. Sistitive function
Suppose for example a law authorizing such
the foundations whereby having as have for their object, the promoting by application made of the matter of reward the discovery
and propagation of useful truth in art and science in general, or in this or that branch
of art and science. Under this law, money is lodged a mass of property (suppose)
by a certain individual lodged in the hands of
in a set of trustees, app the number of whom is to be
kept filled up by election: and but the reward, which they
by the instrument of foundation they are directed enabled to
offer are directed to be offered — not for discourses on the
question whether a certain proposition opinion is true, but for such
discourses only as have for their object the proving the
truth of it. Suppose now, that Before any such reward has been offered,
it appears to a certain Judge that by if by a provision thus offered
of whatever rendered by a provision thus offered, other than
any effect cause any effect was cause to be produced, other than
what would have place without it,
it will be the prevalence not of the right but of erroneous opinion
would be produced, and along with it, of
the sin of insincerity, with which the power of the law will thus be employed in rewarding, and
propagating. by from the power of the law. He accordingly
proposes an amendment, having for tis object the exclusion
of this evil:[+]
[+] for example by
forbidding under a
penalty every
such act of subornation.
Here, supposing the amendment immediately ad-
proposed before any offer made, before any offer made of any such
provision, and immediately adopted, no retroactive effect, productive of pain to any individual,
will be the result: for in the breast of no individual breast in particular
can the expectation, of reward any determinate portion
of reward, by to be earned by mental exertion, so directed, have taken place.
Not so, if a supposing the amendment proposed not proposed,
till after the time, when in consequence of the offer a discovery
having for its object the earning of the reward had been
penned: in this case, to stop the supposed mischief it would not be
necessary that the expectation already formed should be
sufficient to inhibit any such act of subornation
in future: it would not be necessary to stop the payment of the
reward to the individual by whom it had been so earned.
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