THE LIBRARY OF THE UNIVERSITY OF CALIFORNIA LOS ANGELES {FEINTED FOR PRIVATE CIRCULATION.) ^y PAPERS KELATIA'E TO THE OBSTRFCTIOX OF PUBLIC BUSINESS A>D TlIK OEGANIZATION OF THE CIVIL SEEVICK \ /L By ARTHUR WmONDS, Esq. \'o -oavc used - plain cover Dcc!:\'isc the or- Irjinal cover \yzs too ••.mtj.latcc;. to be v^cd* [entrrrlr at ^tatt'otirri' ?i)an.] / TRINTED Br HARRISON AND SONS, tONDON GAZETTE OFFICE, ST. MAHTIN'S LANE; AND OSCHAKD STEEET, WESTUIKSTEE. OUTLINE. Prefatory Remarks. Letter to the Chancellor of the Exchequer. PART I. I. Letters on the Obstruction of Public Business. II. Official Survey. III. Remarks ox Offices, &c. PART II. IV. Official Objects. V, Official Occasions. \I. Official Organization. VII. Official Administration. Conclusion. Table of Contents. PREFATORY REMARKS. PREFATORY REMARKS. In no instance within the recollection of the Writer has it been more needful than in the present to read the Preface, or more necessary for the Reader to take thought of the occasion of the work, as well as of the relation of the matter to his own concerns. The Critic, the Public, the Minister, the Minister of a Department, the Member of Parliament, the Head of a Department, the Officer and Clerk, and the Special Interests, popular, local, commercial, profes- sional, will all look at the matter with an eye to their own objects, and such is the dry and scattered nature and casual purpose of these papers, that, without a w^ord of explanation, the object of the effort will, in all probability, be missed, and that not through any- body's fault, not even that of the Writer. 8 Prefatory Remarks. The Papers, in fact, were not originally written for publication. They are principally a handful of notes, which one man of business has written to another, to assist in an object of very varied appli- cation and much detail. They have no literary pretension. The Writer having been a witness (under circum- stances favourable for observation) of the difficulties incident to the transaction of Public Affairs by the Officers, of State, and having bestowed some thought and experiment upon the means of overcoming those difficulties, has felt it to be his duty to contribute his quota of suggestion to efforts in that direction. To have presented the matter in a more ambitious and more readable form would have involved the loss of opportunities that the present time affords. The ultimate object is to bring back the condition of Offices to the state of subordination to one Schem'e of Organization, which at one time characterized our Institutions, so that each part may have its own proper function, and subserve the common purpose of the whole, without delay or obstruction to any Prefatory Remarks. 9 otlier part, and so that the Prime Minister may truly preside over the whole, while each associated Minister being charged only with those duties which are truly special, may be able fully and })romptly to discharge them; and the total result may be Unity of Principle and Unity of Action, with, as far as may be, Unity of Practice in the execution of detail. The immediate object is to obtain a Survey of all Offices, that each may show its own state, and make its demand for the removal of hindrances, and the grant of facilities, and by the exposition of its merits and defects, show what it can contribute to the common purpose, and what contributions it requires. The next step would be to collect these results — to consolidate them in separate Reports of the Ele- ments of Offices, and therefrom to deduce a standard for the guidance of the Finance Minister, in organizing and regulating Official Establishments. The Minister would then be in a position to establish all new Offices upon principle, so that they may be susceptible of extension, reduction, consolida- tion, and of adaptation to new functions or duties of 10 Prefatory Remarks. an analogous kind, and gradually to apply the same principles to old Offices, by withdrawing from them incompatible duties which may be more properly and efficiently performed by other Offices duly organized for them, and by developing those Special Depart- ments for which such old Offices are peculiarly adapted. By this gradual course, as deaths occur, as new Officers become better trained, and the new parts of the system are ripened by experience and skill, it will become practicable to attain the ultimate object of a single cohesive and entire system. It is recommended that the Tables illustrative of the Official Organization should be passed over, except by those who can bestow a thought upon a dry subject; and that they should not be regarded as exact muster rolls of actual members, but as only types of full Departments to be lessened or aug- mented in different directions as may be requisite. The scope and spirit of this undertaking is indi- cated in the Letter to the Chancellor of the Exchequer, in the Letters on the Obstruction of Public Business, and in the Paper entitled " Official Occasions." Prefatory Remarks. 11 The "Official Organization," and the *' Official Administration," are hut corollaries to the foregoing. The Official Objects have their place, but in a sad skeleton form; it being beyond the time and means of the Writer to recount them. The Parliamentary Papers, and the Public Prints, will supply a copious list of the main topics, but not of the minor and incidental topics necessary for the full consideration of those main Topics. The proposed Survey would bring out these objects in detail, and would at the same time give the best testimony to the necessity of more adequate and better adjusted means of realizing them. The remarks upon Official Occasions will afford sufficient indication of the necessity of some Organi- zation, and to a certain extent, of the kind of Organization required ; but in detaihng that Organi- zation, there will be suggested a multitude of Special Occasions, which it would be vain repetition to inseit in these remarks. To what extent every public man would find his powers magnified, and his faults 12 Prefatory Remarks. diminislicd, it is impossible to indicate. Each public man, conscious of powers^ that need no assistance of a particular kind, and unconscious of weaknesses, which need their corresponding aid, will be inclined to disclaim some of the proposed specialties ; but he should remember that the Topic is not the Individual, but the State, and not the circumstances of a moment or of a particular Administration, but the circum- stances of different times, and of different Adminis- trations. The suggestions are founded on the observations of a quarter of a century, of Six Administrations, and of Five Parliaments, besides the information of many Public Men, whose intercourse with aflairs has been more close than that of the Writer. In nothing that is stated is it intended to cast reproach upon any one. Much well-directed energy has been exerted under circumstances far less favour- able than the Public suppose, and many of the follies that have been committed, have been generated and magnified by a state of things all but hopelessly bad at each starting, for the fate of a Minister under the present system is Hke that of Curtius, he must \ Prefatory Remarks. 13 almost inevitably come out of his career a defeated baffled man, with a reputation a whit spoiled, health and energy gone or lessened, and not seldom in com- mon apprehension a fool for his pains. And there is this peculiarity in the case : as the Minister for the time being has usually been a sharp censor of his Predecessor's doings, he can seldom plead inadequate opportunities, as that would be equivalent to self- condemnation for his attacks on others. The matter needs the interposition of the Public, whose cause is at stake, and the disinterested evidence of men who have been witnesses of the evils and their causes ; and as the opportunities of an individual, how^ever extensive, aided by friends however numerous, cannot reach all the occasions referred to, the Writer would be glad to be favoured w^ith additional illus- trations of his Topic, that he may reinforce it here- after as opportunity shall serve. It has been suggested that the claims of the Mem- ber of Parliament have not been sufiieientlv indicated : that in this Country every Member of Parliament is a Minister in posse, and at all events the Watchman of the Minister's Acts, and that although his respon- sibility is not so definite or so great, yet his occasions 14 Prefatory Remarks. arc for the most part the same ; and that, therefore, he needs the same faciHties which the Minister needs. The justice of the claim may be granted, but it is only to be satisfied by ultimately extending to Parlia- ment an organization similar in principle to that which the Writer recommends for the Public Departments of the State ; for it would be of most dangerous consequence to the Constitution of this Country in regard to the separation of the Legislative and Executive Functions ; if Parliament should, by a better organization than that which is enjoyed by the Executive, be invested with greater practical power. We need that each province of Government, as it exists in this country, should be strengthened, but none must be strengthened disproportionately to the other, else the balance of power in the State would inevitably be destroyed. As at present organized, the Executive is too weak to maintain its proper position, and it needs the first assistance. Our safety is found in a Strong Executive, a Strong Parliament, Strong Tribunals, a Strong Press, and a Strong Local Administration, but none stronger than the other, none resistances to any other, but mutual aids and assistances. Prefato-nj Renuirhs. 15 If the Government should bo duly organized, ParUament should be organized on the same model, and so likewise should the Tribunals and tlic Local Governments, for as observed in the Letter to the Chancellor of the Exchequer, the Elements of Business are everywhere the same, and it may be added that a Common Action w^ould engender that sort of Common Law which is the very soul of a Constitutional Govern- ment, existing not by dogmatical or special legislation, but by principles everywhere in play, according to the exigency, by means of an appropriate personal agency, acted upon by the public intelligence, yet severally re- strained within due bounds by the mutual action of all. If Parliament would cause to be made somewdiat after the manner suggested in the Official Objects, a List of the Topics which aw^ait its regard, its need of Organization would be manifest, and at the same time the need of delegating to the Tribunals those matters which belong to them, and to the Executive Dc})art- ments those matters which belong to them, but it has been more than suspected that Governments have suffered Parliament to be absorbed in details that it might not be too powert'ul for them in their present weak condition. The Internal Reform of the House of Connnons, 16 Prefatory Remarks. by means of Committees properly organized, is as important as the Reform of the System of Election, but yet it must be confessed, as stated in the Remarks on Offices, p. 90, that much has been done, though probably without sufficient system. If any one should be minded to undertake the task of Reformation, it may be suggested that Committees corresponding with those suggested for the Adminis- trative Departments ' with an Establishment corre- sponding to the Establishments suggested for those Committees should be adopted ; but in order to make such Institutions work in harmony with the Govern- ment, the ancient Office of Clerk of the Parliaments should be restored, and subjected to due regulation. This is one of those fine old Constitutional Offices which has been suffered to get into desuetude, and then to be abolished. The immediate question, however, suggested by the peculiarly administrative character of the present Government, is the Organization of the Civil Estab- lishments, and as every Government in succession has an interest in possessing an available working force, it may reasonably be hoped that all parties in power and out of power, will concur and co-operate in the amelioration. LETTER TO THE CHANCELLOU OF THE EXCHEQUER. 6 TO THE RIGHT HON. W. E. GLADSTONE, M.P, CnAXCELLOR OF THE EXCHEQUER. ETC., ETC. G, Adelphi Terrace, Strand, 2Srd February, 1853. Sir, I beg to transmit to you my Papers on Official Organization, which I had hoped to have sent earlier, but I have found the work so extensive that I have not been able to accomplish it before, with the assistance I could command ; and 1 fear that you will find in it many imperfections. In truth, to work out the subject properl)^, it should be worked out in full detail, for it is a work of detail ; but the time it would require, would i)revent its use in current official arrangements. I have, therefore, thought it better to present it in this imperfect shape, relying upon your kindness to allow me to offer explanations of what may appear insuffi- cient, obscure, or objectionable. I have in various ways endeavoured to force upon myself all the considerations to be regarded. The 15 12 20 Letter to the ruling one is, that the Minister should, like the Commander-in-Chief, have, for the discharge of his duties to the State, at his service, and under his con- trol, all the Civil Servants available for every species of services which his exigencies may require ; and that, considering that every species of business, public or private, contains the same elements and requires the same species of functional agencies, his forces should make provision for all in a suitable manner ; but, that in constructing these forces, he should have regard to the old Constitutional arrangements, avoiding new Offices, and seeking, by the perfection of the arrange- ment of a few great Offices and their subsidiary Departments, to consolidate many minor existing ones, and to lessen the range of uncontrollable jurisdictions which have grown up in consequence of the imperfect development of the elder institutions. During the war, and till the accession of William IV, one Commission after another was established to meet each exigency as it arose. Since that time, we have been in a State of revo- lution, in which recourse has been had in the hurrv of the conflict to similar expedients. We seem now to have a period of repose, in which it remains to perfect the results of the struggles that have taken place, by resorting to principle in the adjustment of the many anomalous Institutions which have sprung up. In doing so, it is advisable that Functionaries should not find their condition rendered worse ; but Chancellor of the Exchequer. 21 rather be encouraged, not only by an amnesty for the past, but by assurance of improved condition, to contribute their aid to the fulfdnient of a better plan. By summoning existing Officers to assist the De})artment of the Privy Council in the task of a preliminary Survey and of incidental inquiries, this work might be effected without additional expense. Of course, in the progress of consolidation, the plan would be to consolidate, first, those Offices which are engaged in cognate pursuits ; and by- and-by, as their matters become simplified, and as vacancies should occur, to limit the number of Offices by acting still further on the principle of consolidation. In perusing the plan, it will be found that many parts consist of mere indications, while others are w^orked out, in perhaps too much detail. Each has had its purpose. I desired to present to you, who discern so easily, the general scheme, with only so much detail here and there as would enable you, without other aid, to conceive how the details of the rest could be filled out with more opportunity, if the plan should be acted upon. To do more would have but overlaid the matter ; besides which, the full exposition of it can only be obtained by some actual practical illustration. If such a step should be desired, I will cheerfully apply myself to the undertaking. In the mean time, the Survey which I have pro- posed, whether carried out to the greatest or least 22 Letter to the extent, would prepare the way for a more general measure, either in whole or in parts. But I would humbly suggest, that at least the Treasury should never more consent to the establish- mcnt of an Office which is not founded on some principle of amalgamation : and that all Officers entering the service should feel, that in their engage- ments with the Crown, good faith on both sides is the seal of the transaction. The distrust in the Public Service, considering the altered relations of the Market of Labour, is leading to mischievous consequences, even in an economical sense, and every now and then deprives the Public of an efficient servant, whose experience cannot be supplied by any substitute. Official Organization would lessen the evil ; but that would not be sufficient if it were not sustained, as the Army is, by reliance on the good faith of the Crown in the matter of remuneration and honours. In presenting these Papers I may, perhaps, be permitted to disarm, by a few observations, some possible unfavourable inferences, and to indicate some cautions which my suggestions may be thought to need. In indicating the necessity for a remedy for the defects of our Official System, I may appear to over- look its excellencies and to impute blame ; but I trust that a perusal of these Papers will refute that supposi- tion. Chancellor of the Exchequer. 23 I have sedulously laboured to do justice to all — to the Public Service and to the Public Servant — to the Minister as the Organ of the State, and to all persons who hold authority or office under him. I am satisiied that efficiency, generously requited, is true economy. I know of thousands wasted for hundreds withheld. During many years I have been a close observer of the inner life of Ministries; and an active advocate of popular views. I have seen the interests of the people sacrihced and the exertions of Ministers thwarted merely by the want of means. In considering propositions such as this and the Consolidation of the Law, it is necessary to reflect upon the diffigrence between such comprehensive measures, and the occasional and partial services which constitute ordinary or current business. In the latter, we refer to the ordinary rules of action ; in the former, we must mount higher to the principles upon which these ordinary rules of action are founded. It follows that the counsels of tliose whose ordinary principle of action is to be found in these rules are not always the counsels to be taken in framJng a compre- hensive measure which is to include these rules and many others, and to adjust them in reference to common principles of higher range. At the same time I hold that we are bound to make a new measure not incompatible with existing things, and therefore if any existing practitioner say 24' Letter to the that the measure is inapphcablc, occasion will arise for inquiring in what respect it is so inapplicable, and how it may be remedied. I do not propose the abolition of a single Office, nor of a single Officer ; but that both Office and Officer should be so placed as to be in direct relation and subordination to their immediate Chief, and to the Common Chief. Nor do I propose that these reforms should be adopted hastily, or without consultation with Official Functionaries ; but that by means of a Survey, the state of things should be ascertained, its excellencies adopted, and its imperfections removed by develop- ment, or by consolidation, rather than by reduction or abolition. As a matter of State Policy, as well as of Justice, this course of proceeding should be adopted. It might be useful to try these suggestions by some of the means v^^hich I have proposed for the trial of others : First, by means of a friendly inter- rogator, who would assist in developing the plan in all its parts ; and, Secondly, by means of an un- friendly one, who would subject it to severer, and even hostile criticism. In either case, I should propose that the attention of the interrogator should be called to the main considerations bv suitable instructions, such as the following : — Chancellor of the En'chcqucr. 25 You Avill inquire why everything has place in the scheme. You will in({uirc why anything, apparently nc- cessarv, is omitted. You will inquire the number of Officers at pre- sent employed in the respective services in the same or like employments. You will inquire what will be the maximum number required, under the proposed svstem. You will inquire the steps proposed to be taken, to bring about the change. In conducting these inquiries, you will interrogate the proposer, and assist him as far as possible to make the system complete — By intimating all objections which may be alleged . By intimating concurrent or counter methods. By pointing out apparent inconsistencies. By pointing out omissions. You will also, as far as possible, pursue the methods suggested ; and by sitting in the Capacities pointed out, reduce to practice, as far as possible, the methods recom- mended, taking care to record the pro- ceedings. You will therefore conduct your proceedings as an Office, with the same regularity and method. For this purpose — 26 Letter to the You y<\\\ prepare or cause to be prepared proper instructions for each Officer, and enjoin each Officer to follow those instructions as closely as possible, yet pointing out at the same time any improvements which may be made thereon. In selecting assistants you will be careful to appoint persons who are able to perform their respective tasks, and who are likely to undertake them with zeal and assiduity. Before they enter upon their tasks — You will request the proposer to state to the persons engaged the objects to be had in view, and the methods to be pursued. Considering the magnitude of the object, and the universality of its application, you will probably think it worthy of a more entire development and scrutiny by some such means as that I have indi- cated, and not to be disposed of, as an ordinary matter often necessarily must be, by reference to one or two minds, the usual authorities in such subjects, without an interrogation of their views, and an interrogation of the proposer upon their views. I have been compelled to omit the enumeration of Official Objects on account of the elaborateness of that part of the work and the time it would occupy ; and the Official Occasions are less fully and completely Chancellor of the Exchequer. 27 worked out than I had intended ; but the memoranda contained in the latter paper will be sufficient to bring out some special considerations, which would not otherwise occur to ordinary Official Persons. I trust that you will consider, that in the brief space of time I have had to work out this exposition, I have done all that the opportunity permitted. ]\Iuch of it is very rough and hasty in expression ; but the views are mature, and are fortified by a lengthened observation and experience, and can be reinforced by special illustrations, and particular grounds and reasons, if it should be thought requisite to call for them. 1 have the honour to be. Sir, Your faithful Servant, AETHUR SYMONDS. OBSTRUCTION OF PUBLIC BUSINESS. LETTERS ON THE OBSTRUCTION OF PUBLIC BUSINESS. These Letters originally appeared in " The Spectator,'' on the occasion therein referred to, five years ago. The circumstances have not changed in the interval, and the remark are of equal application at the present time. Letter I. To the Editor of the Spectator, London, 4th April, 1848. Sir, Permit me to mention some of the remoter causes of the mischief to which you referred last week in your article " Government at a stand-still." It appears to me that the matter is of much older date than the present Ministry, and like the couch-weed of deep root and extensive growth ; so deep and extensive as to overcome the individual efforts of every single Member of a Government and paralyze the exer- tions of the whole. I think, however, that with our signally practical people, the points and difficulties require only to be enunciated to secure its aid and concurrence in mitigating or removing the evils in question. 32 Obstruction of Public Business. In brief, a main cause of evil is the ivant of Organization of every Department of Public Authority ; by which I mean, according to the established use of the term, the adaj)tation of the parts of the system to their respective purposes, and the combination of those parts so as to produce combined or general action. The evil runs through the Houses of Parlia- ment*, the Privy Council, the principal Departments of State, the subordinate Departments and Offices, the Govern- ments of Colonies, Counties, Boroughs, and other Localities, the Courts of Justice, the Magistracy, and other Inferior Jurisdictions ; and the result is that instead of mutually affording aid and assistance, they are more or less straining each other, if not antagonist ; and the Ministers are compelled to have recourse in preparing their measures to the special and extraordinary aid of persons unused to the task, whose want of familiarity with the merits and defects of the existing state of things frequently leads them to go much further than is necessary, or beside the occasion ; in consequence of which, their labours offer fresh difficulties in consolidating and developing and utilizing the means which we have. The want of union produces this further disintegrating effect. The people, for whom the laws are made, discern not the purpose in its relation to their own interests and wants ; and, crying aloud indiscriminatingly at every imperfection and at every hurt occasioned by the working in detail, render it imprudent to attempt amendment at the time of outcry, lest the good as well as the bad should be at once destroyed. Meanwhile, many disinterested persons, better informed, but not conversant with legislation and its incidents, means, and difficulties, forbear to give timely assistance ; leaving the * The topic in relation to Parliament was broached in a pamphlet published in 1829, by Mr. Wickens, entitled "The further Division of Labour in Civil Life proposed," also in a pamphlet published in the spring of 1832, entitled "Practical Suggestions for the Internal Reform of the House of Commons ;" by your own elaborate Supplement to the "Spectator" publislied in the same year, entitled "Working of the House of Commons;" and by a variety of publications since that time. On a future occasion, I propose to advert briefly to the topics of those publications. Ohatvuct am of Public Bimness. 33 ticld open to special interests, which direct their attacks, with too uniform success, against the Minister, who finds little or no intelligent support in Parliament. But although the evil is so great, the remedy is easy ; and the materials for the remedy reside in the system as it is. Every function is provided for somewhere or other : some departments are richly endowed ; others are as deficient : while those which are richlv endowed and those which are deficient, have at the same time the merit of having pro- vision for functions which others have not, and the defect of not having provision for functions which others have. By systematically collating a List of the Functions and Functionaries of existing Institutions, whether Superior Au- thority, Parliament, Councils, Principal Officers, Courts of Justice, or Inferior Officers, so as to exhibit them in compa- rison with other Institutions of the same kind, the requisites will be at once disclosed, as w-ell as uU existing means of providing for them. Let the Government start w'ith the principle of abolishing nothing, but of combining and reorganizing. Grant an amnesty for the past, and the victims high and low of the present system will concur with the greatest readiness in producing an alteration of circumstances, which make their offices as irksome to themselves as short of good or produc- tive of evil to the public. It will not require months, nor even many blue books to do this eftectually. Let a svstematic outline be framed at head quarters, and let each Department, Court, or Office, be required to make a Return of the means provided for fulfilling the requisite functions in a compact tabular form, omitting details and explanations till they be called for. Let the Ministry, as far as the prerogative will allow (and it will allow much), develop the different Depart- ments, Courts and Offices, giving to each its needful organiza- tion, and ask from the Legislature the necessary powers to supply deficiencies. c 34 Ohstniction of Public JBusiitess. The Departments of State being well organized, it would no longer be necessary to have Special commissions of Inquiry, or special means of making new laws, or a new office for administering every new law. Every Office M'ould furnish its contingent of Inquiry, of Legislation, and of Administration. Instead of the Isolation of Offices as at present constituted, deprived to a great extent of practical intercourse with each other, with the superior Departments, with the Legislature, and with the Public, the common organization would produce common sympathy, common action, and ready intercourse with all other Institutions and Bodies with which ther^. may be relation. The Minister and the Legislature having fulfilled their appropriate function of creating Institutions adequate to the purpose, would be relieved largely of the task of legislating in detail, and would be restored to their proper function of superintending the Administration of Affairs, and providing for new exigencies as they arose.. The Institutions being properly constituted, furnished with needful facilities, and subject to proper responsibilities, would be so trustworthy that their action need not be fettered by so much detail. The Laws might become principally the expres- sion of general purposes, which the Functionaries should administer by all usual and necessary means. Nor if the functions were properly distributed would this state of things imply a degree of discretion inconsistent with freedom. The Officers would practically have less arbitrary discretion than they now have, under a system which continually imposes upon the same individual Officer, without appropriate checks, functions of every kind however opposite — legislative, judi- cial, inquisitorial, administrative, ministerial. But the greatest advantage of all would be the re-estab- lishing of a common Law as to such matters and enabling the people from one end of the kingdom to the other to know the nature and uses of the different Departments of Govern- ment which are now veiled under the present diversity and Ohstruction of Puhlia Business. 35 complication, and thus to avoid the practice often adopted, of (leiiyinii; the means of accomplishing purposes by the want of which tlie pul)lic suffer loss a hundred-fold. I have been led to these conclusions by the experience of many years in legislative and official matters under men of every complexion of politics and of cliaracter; all of whom have been baflflcd and defeated by the existing system. Your space does not admit of details ; but with your ])crmission I will treat of some parts of the subject more fuUv, yet summarily, in subsequent numbers. S. [Our Correspondent's qualifications and experience entitle his statements to the utmost attention. But he must permit us to observe, tliat the whole evil lies at the door of The Minister for the time ; The Minister, and he only, has the means of Effectual Organization. — Ed.] Letter II. London, 10th April, 1S48. Sir, In treating of the subject of these letters, it is diffi- cult to give a full idea of the remedy, without entering into details ; and in giving details, to keep within due limits, or to avoid the obscurity which usually attends the attempt to l)c l)ricf. The object of my former letter was to show that the Ministry cannot act with effect without organized aid in the subordinate dcjiartments of Government, whether general or local; and without an organized Parliament. And although it must be admitted that the organization must originate with the Minister, yet to accomplish these ends, requiring general concurrence, it was felt that the Government needed c 2 36 Obstruction of Public Business. the co-operation of the people at large, or, at least, that they should he so instructed in the ends and machinerv of govern- ment, that they might not, hy their prejudices or hy their indifference, interpose an ohstruction or deny their aid to measures calculated to secure those ends in a right manner. I shall not at present touch upon this point, which involves more particularly the state of our Local Governments, hut confine myself to the organization of Parhament, and the machinery which the Government possesses, or should possess, for enahling it to present its measures in a shape to encounter the greater activity and keener scrutiny which would result from the organization of Parliament being more perfect. In the publications referred to in my last letter, the necessity for a further division of labour in legislative mea- sures was shown by the varied pursuits and occupations of many of the most distinguished Members of Parhament ; and the means of accomplishing that division with more or less effect was also shown. It was recommended that the House of Commons should be divided into some ten Com- mittees of fifty mem1)ers each ; of which Committees five should provide for the local distribution of matters — England, Scotland, Ireland, Colonies, Foreign Affairs ; and five should provide for the subject distribution of matters — as Revenue, Expenditure, Trade, Law, and general matters, Lil)rary, Privileges, &c. : that the House and these Committees should sit on alternate days, by which it was calculated that the time of the House would be extended at least fourfold, (a greater increase being precluded by the occasional neces- sity of two or three Committees meeting in conference on the same measure) ; that the business would be conducted more methodically; that a greater numl)cr of Members could share in useful labours, and tlius be induced to forbear from seeking distinction in much speaking; while the number of the Committees (fifty) would afford a guarantee for a fair and open discussion, and prevent the chance of good measures being frustrated by intrigue and jobbery. Obstruction of Public Business. 37 If those General Committees were divided into Special Committees of five, to consider matters of subordinate detail, with power as in the case of the General Committees to communicate with other Special Committees, the fullest provision would be given for delil)cration and for controlling legislation. By an arrangement of this nature, Parliament would lose much of its indisposition to entertain matters of recognized defect or grievance, which are now injuriously postponed for years ; and the principles upon which such matters should be conducted would he soon determined, and assume the vulgar but valuable position of common place. Parliamentary In- quiries, Petitions, Bills, Returns, and all such matters, would be, as of course, assigned to the Committee to which their sub- ject should belong; and if the Members and Officers of the Committee should not become full and ready-minded, there would be, at least, in its Library an accessible store of needful information. The important office of Clerk of the Parliaments, which has sunk into a sinecure, if not abolished, should be restored and well organized ; while the corresponding officers of the Clerk-Assistant of the House of Lords and the Clerk of the House of Commons should be furnished with all needful facilities, and as far as it may be necessary organized also ; so that the Crown, the two Houses, and their Com- mittees, should have all availaljle aid. Nor need this be done at once, nor involve extensive arrangements: the better distribution of the business would not only suggest the requisite improvements in the arrangements of the two Houses, already much better manned and organized tlian many Public Departments are, but it would have the imme- diate effect of producing a better distribution of business in the Official Departments, in the higher offices first, and gradu- ally in the inferior ones ; and thus, by bringing the informa- tion in a less crude and undigested state before Parliament, render additional aid unnecessary. To enable the Government, however, to cope Mith the mprovcd arrangements, it must be provided with better and 38 Obstruction of Public Business, more regular and established means of inquiry, and of pre- paring the details of legislation- This need not involve one farthing additional expense. And it would, if well managed, get rid of that paralysis, the characteristic of modern states- manship, which results from the terror of responsibility, making each Minister feel that he is to be responsible, not only for the principle and purpose of his measures, but for every detail, however minute, and deterring him from en- countering a measure, confessedly necessary, till he is master of details as well as principles. Any improvement in this direction can be realized only by the Minister establishing the distinction between what is administrative and what is ministerial ; aided, as above sug- gested, by better provision for inquiry and for preparing the details of legislation. He should require his ministerial officers, upon their responsibility, to suggest the appropriate details, reserving to himself the determination of the principle and policy, and the ultimate decision after open discussion of the fitness of details. This division of duty and responsi- bility should be recognized by Parliament; and it should be made a point of constitutional principle, that as the Sovereign may do nothing without the advice of her Ministers, each Minister, as to matters within his province, shovdd be advised by his princijial subordinates, who should be held responsible for such advice, while the Minister should be at liberty to reject or overrule it. Let us suppose that the Minister is provided with a well- constituted Board of Inquiry; and that a matter of public import — such, for instance, as the amendment of the Income Tax — is pressed upon his consideration. lie calls upon the Officers whose duty it is to inquire, to ascertain, with the aid of the principal ministerial Officers of Revenue, the present state of the matter generally, what has been done or proposed before, or elsewhere, Avith the objections that liave beeii made, and to collate the whole, so that all matters which relate to the same subject, however opposite their character, may be brought together ; and also to ascertain all sugges- Obstruction of Public Business, 39 tions of remedies and treat them in the same manner, super- adding the pros and cons; suggesting how, if the Minister sliould adopt any suggestion, it should be carried into effect ; and finally, their own recommendations in its behalf. Let this report — made in a settled form, rejecting surplusage, compact and methodical, so as to be at once full and easy of reference — l)e published, and opportunity be given for its discussion in the press, the Minister all the while standing by and quietly forming his opinion, not only of the abstract and official merits of the various views, but of the policy (in the larger sense) of adopting any, and what, and applying tliem in legislation. As a further practical test, let him require the Officers charged with the preparation of the details of legislation, to collate the present law in the form of an enactment or digest, to realize in the sliape of a Bill the recommendations of the Orticers of Inquiry, and also, to a greater or less extent, the alternative measures; pointing out what is impracticable, what is difficult, what requires collateral amendment or alter- ation, and if need be pointing out other and better means. Let the Bill so prepared be published and circulated. The Minister will then be placed in a much more credit- able position than he is now. Instead of being compromised by imperfect measures, suggested by persons practically irresponsible, often ill-informed, or but partially informed upon the subject matter, his measures will usually be com- prehensive and complete. There Mill be fewer objections ; for one set of objections will be answered by another, or swallowed up by apt and judicious provisions realizing the objects of both. The obvious result would be, that he would seldomcr have to retract or qualify measures alwut which the public expectations have been raised. And if he should, the responsibility would mainly devolve upon his j^rincipal Officers ; while the Public, knowing beforehand all the exi- gencies and difficulties of the case, would l)e less disposed to regard it as his duty to perform impossibilities. 40 Ohstructioii of Puhlic Business. Since the restricted discussion of Petitions, the Minister needs these special aids in a greater degree; and he needs them the more for that liis early training has rarely made him conversant with details, which he is apt to despise from his ignorance of their relation to his purpose. Some weeks ago, you mentioned a plan of preparing legislative measures, which, in its main features, appears to meet the wants of the case in all its bearings : but, having already reached the limits of the space which you can afford me on tliis occasion, I must forbear from any further state- ments of it.* The above arrangements would be attended by these advantages. Parliament would be capable of appreciating measures in detail, and of entertaining them in such manner that the claims of all localities, Imperial, Colonial, Provincial, may be regarded in a fair degree. The work may be so dis- tributed over time, that subjects may not at one period be unduly postponed, and at another be unduly precipitated. Everv question of pubhc import may make a steady progress, from the incipient statement of a defect or grievance, through inquiry and deliberation, till it reach the state of a law. The law may be so matured as to offer the fewest possible hin- drances and difficulties to the people, and to the Officers charged with the administration of it, whether in the Execu- tive Offices or in the Courts of Judicature. And as regards those imperfections which are unavoidable, there would be a fair prospect of importing amendments which experience may suggest, without disturliing the framework of the law, and without introducing inconsistencies calculated to make further occasion to amend it ad infinitum, instead of gradually completing and perfecting it. S. * See articles entitled '• Aids to Correct Lawmaking," in " Spec- tator " of 5th and 2f;th Febraary. Obstruction of Pahllc Business. 41 Letter III. London, l7th April, 1848. SfK, Great credit is due to Lord Stanley for the practical steps he has taken to meet a jrcncrally acknowledged evil, the encounter with which everybody has hitherto avoided. He is entitled to the more credit on account of his introduc- tion of the question without party feeling and without party considerations. The subject well deserves a full share of the Session, since all other measures depend upon it for their completeness and for their early success. Before the passing of the Reform Act, Reformers were forewarned that the want of organization would offer effec- tive obstruction to the working out of their fair purposes. Every year's experience has justified the prophecy. It is now of paramount importance to meet the difficulty, as regards ])oth the multitude of measures which await the de- termination of the Legislature and the future working of our political system. The vindication of the constitution, in its present form, must be found in the practical results which are realized under it or by its means. And if its basis be extended, as it probably must be sooner or later, the irre- sistible pressure upon existing institutions can only be moderated bv arrangements, which after providing for the reception of complaints shall insure a fair consideration of them. Public men are apt to plead that they make great progress, comparing present results with past ; but though they may thereby rescue tliemselves from an imputation often unjustly cast upon tlicm, it is not the right standard or the standard that will permanently avail. The progress must be measured by the rapidity of their operations com- pared with the demand for exerrion. It is not, however, rapidity tliat is so much required, as a steady onward pro- gress without hesitation or vacillation. 42 Obstritction of Public Business. Oil these accounts, I attach much value to the efforts now made by Lord Stanley. Althougli the contemplated results are limited, they are valuable because they involve a distinct recognition of the evil, and because they must eventuate in complete results of the same useful character. Lord Stanley proposes to enable either House to defer from one session to the next, measures which have come from the other House, and which for want of time cannot be well considered at once, and in the interval to refer them to a competent legal adviser for his investigation and report. These objects are in the right direction ; but the necessity for them would be to a great extent removed, and the end more entirely reached, if the arrangements of the Govern- ment and of the two Houses for inquiry and for legislation were on a proper footing. Previous inquiry and systematic legislation, by lessening delay and removing obstructions, would place so much time at the disposal of Parliament — would reduce so far the number of occasions on which it is necessary to withdraw a Bill for amendment — and would establish among Members of Parliament to so much greater extent;,a common under- standing as to the province, objects, and means of legislation — that the distracting pressure which is now felt would in all probability not occur except upon very rare occasions. The delays and failures do not, as is commonly sup- posed, arise exclusively or principally from the wording^of measures, but from want of first ascertaining what the law is, what the grievance is, and the collateral as well as the direct matters which, to give effect to the reform, need alteration, or the mutual adaptation of the new and the old. This class of obstruction is to be met by previous inquiry. Delays also arise from the imperfect state of information in the House. Members learn by objection ; and as ill-informed persons often put questions the most puzzling and the least Ohstniction of Public Business. 43 susceptible of iiu answer, objection is frequently successful through the mere inability of the Minister to answer it. Systematic reports, founded upon inquiries, is the remedy for this branch of the evil. Moreover, Members are now and then factious. They make untenable objections through wilfulness as well as ignorance. The timely publication of these reports, by creating a consciousness on the part of Members that the public knows that they know the real state of the matter, will get rid of obstruction of this kind. Further, such systematic reports would often render unne- cessary inquiry by either House, or if inquiry must be made, facilitate and limit it; and thus remove another cause of clay. The Officers who draw the Bills having assisted in the preparation of such Reports, would be cognizant of their contents. The provisions of the Bills would be full and complete ; and being well considered, the arrangement would be good, for the arrangement depends upon the mastery of the subject ; and the language, for the most part, depends upon the arrangement. All this labour should be performed before the Bill is introduced. The Officer to whom Lord Stanley purposes to refer the Bills would have an invidious and hopeless task of it if it were not undertaken, in part at least, till the Bills had passed one of the Houses. If tlie Bills had not been written after some common and well-established method, liis work would be too heavv for him, even if the whole of the recess ml ^ should be employed upon it : for it would not be sufficient that he should point out inconsistency and error — he should show also by what means it is to be corrected, and tluit in mode and in terms. The remedy, too, being confined to one class of Bills only, it would not be co-extensive with the mischief. It seems to be necessary that the arrangements should extend to all Bills, both before thev are introduced and during their passage through both Houses of Parliament till they become law, and even when they have become law ; and that to this end the whole force of labourers already at our 44 Obstruction of Puhlic Business. command, and engaged in tliis work — the Law- Advisers, the Draftsmen, Index-Makers, Printers, Clerks, should be placed in intercourse, and made to combine their energies in one common scheme of action; a result that may be brought about by the easiest means. Let the Law Advisers of the different departments draw or revise the Bills, or the provisions relating to the matters of their own departments, as they do now ; but, instead of rivalling each other in diversity of manner, language, and even of law, let them, by means of a system of indexing, brinfnns: together all matters of the same nature in the manner of a concordance, ascertain in what respects they differ; and let the discrepancies so discovered be referred to a Board of Reference which may consist of some of their number under the presidency of an eminent Lawyer; and let the determina- tion of tliat Board rule the practice, unless the point in question impinge upon matters of policy, in which case the Head of the Department should bring it before his colleagues, who for that purpose, and for the purpose of establishing common views and common action in the different depart- ments of the Government, might constitute a Committee of Privy Council for matters of Law and Legislation. If a similar Committee were appointed by each House, we need not doubt that gradually our Laws would attain as much "uniformity in language, in form, in arrangement, and in matter," as is attainable in human productions acted upon by multitudinous assemblies like our Houses of Parliament. The Criminal Code, and the budget of Law Measures which have from time to time been recommended by the highest authorities of the Law, might by such means be advanced by regular steps, and by so much relieve ordinary legislation from details with which it is loaded through the imperfection of our general system of law. Considering that the remedy for the gigantic evils of Obstruction of Public Business. 45 which we are now treatins: is to be obtained without creatinir new offices, but simply l)y giving effect to existing ones — calling upon all ti) assist in the work of legislation, to the extent in all cases of furnishing the needful information, and in some of supplying the provisions of new enactments in detail or consolidating the existing law — I doubt not that every class of statesmen would willingly second any efforts in this direction, of which Lord Stanley's proposition has the; merit of being a first step. It is from no disposition to undervalue that effort that I urge the consideration of the whole subject, but because I know that though our public men are sensible of the mischief, they are so distracted by overwhelming engagements that they cannot master the matter ; and not being masters of the matter, they despair of obtaining that concurrence whicli in this country is necessary for any extensive enterprise. It is much to be desired that the opportunity which Lord Stanlcv's energy has created should not be lost ; but that in both Houses the subject will be fully considered, and that the Government will be strengthened by a general expression of opinion in favour of an improvement of the present state of things ; which, in face of the Statute-book — one huge bill of indictment of practical misfeazances on the part of the Legis- lature — it is impossible to justify. S. 46 Ohstructioii of Public Business. Letter IV. London, 24th April, 1848. Sir, Li my first letter on tliis subject, I referred generallj^ to the liindrance occasioned to the Government by the want of organization of every department of public authority, and by the want of intelligence on the part of the people as to the nature and uses of the different Departments of Government, which led to unreasonable demands on the one hand, and to unreasonable denials of necessary means on the other ; and I suggested, that by due organization, each Department might furnish its contingent of inquiry, of legislation, and of admi- nistration, without the necessity of having Special Commis- sions, or special means of making new laws, or a new Office for administering every new Law. ■ In my second letter, the subject was treated more fully in reference to the two Houses of Parliament and the Officers of the Crown in attendance upon Parliament — the Clerk of the Parliament, the Clerk Assistant of the House of Lords, and the Clerk of the House of Commons ; the distribution of business among Committees of the former, and the organiza- tion of the latter, being recommended. I also pointed out the necessity of enabling the Government to cope with im- proved arrangements by providing them with better, more regular, and established means of inquiry and of preparing the details of legislation ; and I indicated the course of proceed- ing that might generally be adopted on matters of inquiry. In my third letter, the mode of constituting and working the subordinate machinery for preparing the details of legis- lation was considered, principally in reference to Lord Stanley's measure ; and it was stated that the remedv for the evils of which we are treating could be obtained without Ohstniction of Pnhiic JJusiness. 47 creating new offices, but simply by giving eft'cct to existing ones — calling upon all to assist in the work of legislation to the extent at least of furnishing the needful information. It is proposed to confine the present letter to this last point, and to show one class of means by which the respective departments may be made available in aid of a General Board of Inquir)-, so as at once to lighten the labour by dividing it among many, and so as to give the most effectual assistance to Ministers without waiting till the demand for information has become urgent ; and at the same tiuie to improve the efficiency of all the Offices, with due regard to economy. Under the present state of things, there is an embarrassing abundance of materials for Legislation and Administration ; there is a multitude of Officers ready and willing to do the work; but, being untrained and undisciplined, more apt to encumber the Minister with their help than to relieve him. The public intelligence, apprized of the existence of evils and the scope of remedies, becomes eager for practical measures ; while official persons, caring about the current business of the day, are not able to avail themselves either of the state of public intelligence or of the information within their own reach. When the inquiry is to be made, the necessary aid is to be called into existence, to be consti- tuted, trained, and put in motion ; the work is to be done at double the expense and with half the efficiency. Tlie method is not only bad but incomplete ; and, after much labour, a mass of crudities is the first result ; and the information is more calculated to suggest doubt and difficulty than to aflbrd the clue to the solution of tlie problems to be solved, much less the foundation of practical legislation. Hence, officials, feeling compelled to reject the measures which their experi- ence shows to be ill adapted for the purpose, and unprepared to substitute more fitting ones, earn unjustly the imputation of resisting improvements. These general propositions will find their illustration in 48 Ohstruction of Public Bimness. some one instance or more within every one's experience. We all know how many Committees and Commissions have been appointed — how many Reports, Returns, Accounts, Volumes of Statistics, and Indexes, issue annually from tlic Parliamentary Press. In short, there are few questions upon which further inquiry is necessary ; but the information is an undigested heap, which overwhelms and distracts. The pro- secution of further inquiry, without method or design, is calcu- lated to increase the evil — to add to the information without increasing intelligence of the subject. Thus it is that, in spite -of all that has been done, every Minister is lamentably deficient in information available at his moment of need. The multiplicity, the practical worthlessness, and the dispropor- tionate costliness of the Parliamentary Blue Books, has passed into a proverb. The industry of a few erects the fabric whicli is usually suffered to remain a record of misapplied or result- less exertion. This tendency to accumulate materials without practical effect is augmented by the want of Depositors and Depositaries for them. It becomes easier to do anevf what cannot be readily found ; and although everybody is aware of its existence, the easier task is encountered for the nonce, to yield hereafter its contribution to the mass of confusion. The solution of this difficulty (as well as of others) is to be found, as was suggested in my first letter, in the general adoption of expedients already in partial use in some of our offices, but it is believed in none of them in an efficient form. I mean, in the present instance, a Library and a Librarian. Many Pul)lic Offices are without Libraries ; some have Libraries without Librarians; some have Librarians whose skill is of the slenderest; and where there are Libraries, and even Librarians, the special value is lost in the accumulation of works having no special relation to the purposes of tlie office. The Library often consists of a collection of the Statutes at large, of Parliamentary Publications, of Hansard's Parlia- mentary Debates, files of newspapers and gazettes, with a miscellaneous collection of works of various kinds. But the Obstruct ion of Public Busineas. 40 literature of the subject of tlie Department, its history, its topography or its local application, its statistics, its law, and the views, the theories, the complaints promulgated by the Press, find no appointed place. There is nothing deserving the name of a Collection ; and whatever there is, is lost in the undistinguished mass. Indeed, Libraries are of very modern date — that of the House of Commons even is, compa- ratively, but a few years old ; and those of many Public Offices, such as they are, more recent still. To make an Official Library available for practical purposes, it should be formed upon the following principles. It should consist almost exclusively of books, maps, and papers, relating to the subjects of the Department. They should be at hand, classed and ready for use. All the material that is likely to be required should be there, but unencumliered with Avorks of an irrelevant nature. Instead of the Statutes at Large, let the Statutes relating to the Affairs of the Department be separated from the rest. Let the same rule be observed with Hansard's Debates, with the Parliamentary Papers, with Law-books. Let the Library be a perfect impregnation of the subject. If it be necessary to have books of reference of a general kind, let them be placed aside. Let all works on the subject of the Department be procured as they are published ; and it would not be amiss to make a collection of old ])amphlets and books of a former day which are necessar)'' to illustrate the Debates of Parliament, formal State Papers, the Statutes, and the Decisions of the Courts. Practical men of business will say that this is all unne- cessary for the business of the day ; but the Statesman will hold different language. It is all very well to adhere to current practice to discharge promptly tlie matters which press for execution; but the Legislator and the Administrator must take a higher and wider range of view: they must be informed even of the notions which have existence in the Press, for in a notion just started may be discerned the germ of a theory that will ]-)revail; and they may find in the D 50 Ohstruction of Piiblic Business. history of the past an explanation of the present; their motto shoukl be " Respice, circumspice, aspice, et prospice ;" and though they must needs act in accordance with the principles and feeUngs that prevail in their time, it should be with such reference to the probabilities and even the possibilities of the future, that their present measure may not encounter overthrow by the force of an unexpected check. Above all, while they should use their subordinates as instruments, they should not be hindered by them ; and that this may not be so, it is necessary that their subordinates should in some degree be imbued with, or at least should appreciate, the spirit by which the Statesman should be governed. For this reason, among others, the formation of a Library is important in reference to the humbler Official Agencies. The selection of the proper matter for the business of the Office is an excellent discipline to the Librarian ; who should not only catalogue the contents of his Library, but to a greater or less extent index them. The habit of meeting calls for information on every occasion would give him a ready intelligence which would distinguish him from a mere bookworm. If the Librarians and Statists of the different Departments were to be collected in a similar manner to that suggested for the Law Advisers, with a Library and other resources in common, they might avoid travelling over common ground, and by their mutual advice and assistance render not only the general results but their processes more complete and more economical. The general Library might consist of general collections, such as the Statutes at large, the Parliamentary Debates, General Indexes and Catalogues — in short, of the materials out of which the special collections are made, bearing to the special collections the same relation as the journal bears to the ledger in account-keeping. The arrangement of the Ohstrnction of Pvhlic Bminess. 51 General Library would probably be historical ; bringing toge- ther all matters which occurred about the same time. It is obvious, tliat by such combined arrangements the state of the subject and its relation to otlicr matters would usually be indicated fulh% and point the way to future inquiry. The task of collecting would not only accomplish this result, but train a body of inquirers and practical legislators ; while for the ordinary execution and administration of affairs, this information and this skill would have many uses and many good effects, which it is unnecessary to particularize more minutely than by stating that they would be the opposite of those effects which are to be deprecated in the present system. In the limited space that you can afford me, I am com- pelled to state general results — it is impossible to specify details; but I should add some remarks upon important objects of this the Information Department of the Public Service, which has been so grievously neglected till of late years. Maps are of very recent use in some of the principal offices ; and some of the inferior offices are wholly without them. From the want of maps indicating localities, the strangest mistakes are made in legislation. New districts are made for new laws without adequate cause, and even without reference to the districts which exist for other pur- poses. This gives rise to conflict of jurisdiction, and to the omission of places from the operation of the law. Statistics, too, from not being based on the distribution of matters in given districts, become a medley of inapphcable numbers instead of intelligible statement, and, it is to be feared, instruments of one-sided exaggerations. If syste- matically collected, they would be less expensive, less trou- blesome, and more trustworthy than returns usually are. The Press teems with instances of the failure or supposed d2 52 Obstruction of Public Business, failure of our Laws, and with illustrations of their actual working. It would be of inestimable value to collect these as they occur. The same remark applies to cases which occur in the Courts. The systematic collection of such matters would obviate the necessity of getting up evidence, and supply much more trustworthy material for legislation. Let the newspapers which are bought for official use be turned to this account, and let such materials be from time to time reduced into a summary report for the service of the principal Officers of Government. But apart from, or rather in aid of, the purposes of inquiry, of legislation, and of administration, the Libraries of Public Departments might be made serviceable for public instruction. It is of little use for the Government to have information which the Public have not: the measures founded upon it will appear to be beyond or short of the occasion, and be regarded, on that account, as objectionable. On the other hand, it is of dangerous consequence that the Public should be affected by facts and by views of which the Government are practically not cognizant, from not having those facts and those views present to their minds : it is of importance, therefore, that they should be systematically informed of such facts and views; but, inasmuch as the Government, pressed upon by the affairs of the day, cannot attend to such matters piecemeal, they should be collected, — which, apart from considerations of convenience, is the better form of having them brought to the mind for purposes of general legislation and general administration. On these accounts, it appears to be desirable that the Libraries of the Public Departments should, under suitable regulations, ha open to the Public, as the British Museum is. Public Writers would be enabled to find ampler material not only in an authentic but in a ready form, and be rescued from what the "Standard" some vears ago described as Ohstructioii of Public Business. 53 " the wicked want of a topic/' — engendering smart writing and reckless declamation, at the expense of more sedate and sober treatment. S. Letter Y London, 1st May, 1848. Sir, I am anxious that it sliould not be understood that I recommend Organization, however perfect, in substitution of the higher intellectual action, and of the freedom of spirit and of sentiment, that leaven the material tendencies of the practical business-like people of this country. In dwelKng upon a subject for any length of time, it is almost impossible to avoid leaving the impression that one is recommending a panacea— something which is to supply the place of every- thing else. This correspondence originated in your article " Government at a stand-still ;" and began with an endeavour to point out, that a main cause of hindrance to the action of statesmanship in this country was the want of organization of every department of public authority. The supposition of means presupposed the existence of the object. Other sources of evil might exist : the want of entire correspond- ence of feelino- between the Parliament and the nation at large or of some sections of it— the ignorance, the inca- pacity, the indolence of some of our public men— the true or false principles which prevail — might form topics of remark, but were not referred to as part of my subject. I assumed that we have the best, or that if the best does not prevail under the present system, it would have play under an improved organization ; which implies that not one or a few qualities are given effect to, but all, and that the better qualities and the better principles, in proportion as they should be reahzed in practice, would vindicate their claim to have a foremost place. So it is, under the presen system. 54 Obstruction of Public Business. matters improve, but slowly. The object is to substitute for mobbish, irregular, and disorderly efforts, combined and disciplined action, directed by the highest statesmanship^ informed by apt learning and knowledge, and animated not by a pedantic, but by a humane and philosophical spirit. Intellectual persons are apt to undervalue the means by which their aspirations are wrought out. They do not willingly recognize that the genius of the Poet, the wisdom of the Legislator, the learning of the Student, like the powers of Gunpowder, of Steam, and of Gas, effect nothing but by physical means, and that their results have always been in the proportion of the facilities which those means have afforded. That from time to time the means have overlaid the ends, may be true ; but this does not suggest the abandonment of the means, but the counteraction of those tendencies which in their excess produce such results. In a country where there is no Parliament, and no Press, the Bureaucracy rules and restricts everything within its own bounds ; and if there were a Parliament without a Press, its authority would be scarcely less ; but with a Parliament and a Press we need not fear the supremacy of the Official System; and our aim should be to put it upon so complete a footing that it should become an effective aid and ally, and not, as it often is now, a costly hindrance. In the recommendations which I offered in ray last letter, I suggested means of insuring the intelligence of the Public Officers, and applying that intelligence to the service of the Minister and of the Public. With this saving recollection of the ultimate ends and objects of my present efforts to secure attention to the machinery of statesmanship, I will pass on to another field for improvement : I mean the Judicatures. For the present Ohstruction of Puhlic Businesfi. 05 I will say nothing of the constituents of our Courts, how few of the requisite facilities our Judges have ; how imper- feet are the distribution of the subject matters of juris- diction among the Judges ; how imperfect the distribution of business over time ; how great the deficiency of means to ascertain the statistics of the operation of the Courts, and of insuring that things appointed to be done are in fact done; how great the fetters of form, how small the utility ; nor shall I refer, but by way of passing remark, to the almost total absence of means, in the shape of an appropriate staff of officers, to enable the Judges to perform their adminis- trative duties. My present position is, that the Legislature and Judicatures have no intercourse with nor direct relation to each other ; that they act not concurrently, but antagonis- tically; that it is one of the pleasures of Westminster Hall to dwell upon the sins and follies of St. Stephen's Chapel, without rendering much, if any, assistance to do better ; in short, instead of proceeding upon the same general prin- ciples, the one being a realizer or applier of the work of the other, two separate sets of principles are in constant action ; and the Courts too frequently take the attitude of perverse critics of the work of the Legislature. It is impossible to deny that some hesitation and even repugnance is allowable. If the Legislature will transmit to the Courts puzzles to be solved, instead of plain directions, a degree of banter or of sarcasm may be natural, although not altogether seemly. It is an evil of great magnitude, since it is calculated to weaken authority by exciting contempt. By the establishment of a Minister having cognizance of matters of Law and Justice, who might preside over the Committee of Privy Council for Law and Legislation, re- ferred to in a former letter, the deficiency would be in a degree supplied. But the Minister, coming to a task so long neglected, must not encounter with the natural difficulties of his subject, the total want of systematic organization of the Judicatures. 56 Ohstruction of Public Business* It would be at least desirable, that the difficulties which are experienced in the course of the practice of the Courts should be noted, not in an angry or jocose manner by the Bench, to be echoed by the Bar, but by an appointed Re- porter. By contributing their experience of the miscarriages of legislation in a decorous manner, the Judges might assist in preventing a recurrence of those miscarriages, without mingling the functions of Judge with those of Legislator. By dividing this labour of reporting upon difficulties and miscarriages, among several Reporters ,having charge of different ranges of law and practice, those Officers w^ould become so impregnated with the specialties of their respective matters, as to offer the fittest means of keeping Legislation in harmony with the principles that prevail in the Judi- catures, so far as it is desiral)le to maintain that harmony. They might form a part of the College of Legal Officers appointed to assist in the preparation, and revision, and recordins: of le2;islative measures. If all Judicatures — the House of Lords, the Privy Council, the Court of Chancery, the Courts of Law in England, Scotland, and Ireland — furnished members to this College : and if the respective members appointed to report the same matter, were instructed to meet together, and make a joint report on it, — say it is some branch of jurisdiction, of doctrine, of pleading, of ev-idence, of form, or of procedure, — the common action would elicit common principles, and gradually place us, in that respect, upon a level with foreign Jurists, and possibly, owing to our more practical habits, upon a higher level — that of principle aptly realized by practice. In these suggestions we speak of those things which are within reach — of what might be at once done with the means at our conmiand ; but there can be no doubt that for ren- dering the administration of justice through all its stages effective, we need a Law University, or some equivalent. This is not only a necessary accompaniment of a Code or a general Consolidation of the Law, but probably the means by which it is to be effected as well as secured. Let it be a Obstruction of Public Business. .07 condition of participation in the magnificent treasure assigned to the administration of justice, — to the ample emoluments and honours of the Chancellorship and other judicial offices, to the lesser hut no less ample emoluments and honours assigned to the inferior legal offices, which abound in our system,- — that no one shall be eligible unless he shall have served for a given period in the Law University, actually taking some part in the duty of reporting, of digesting, of writing, of revising, of recording, of commenting upon our laws. Substitute such a simple, and to the nation and to the individual profitable rule, for the absurd one of eating so many dinners, and so called practising so many years. Such a condition fulfils all the requisites. It could not be per- formed without insuring in some degree the qualification which it is intended to provide. The Judge, the Counsel, the Practitioner, will have had the same training, in addition to such as the peculiar functions of their branch of the profes- sion may require. The Student, in assisting in making the necessary additions or alterations of the general law, will learn it in its present state. The Judge, Counsel, or Prac- titioner, on learning the alterations and additions, will not have to learn new principles and new systems. The mul- titude of members will not only admit of, but require tlie best organization. The dogmatic form of teaching will not prevail exclusively. In recording additions, the past will be learnt, with an ever accruing present developing and illus- trating the old. And not only may the best organization be obtained by this means, but it may be obtained by little or no expense to the state. I must not in this paper venture upon the detail of the means by which our legislative and legal systems may be thus regenerated and developed. It is sufficient to add, for the present, that the feeling in favour of a Law University, either through a union of the present Inns of Court or bv an independent institution, is becoming general among all classes of lawyers. They find in the present pressure of business an absolute need for laying a good foundation of positive acquire- 58 Ohstruction ofPuhlic Business, ment, which cannot be supplied in after hfe; and of allaying or regulating that pruriency of indefinite and inapplicable legis- lation which makes it necessary that they should go to school again to learn the new systems and new practices annually propounded by our Legislature, without thought of the past, of what they are doing in other directions, and of the prac- tical results of the combination of the whole. It would not be difficult to show that by the present state of things the national expenditure is very much increased in all the Departments of the State, and the general taxation of the Public, in an indirect as well as a direct form, much aug- mented without corresponding benefit to any class whatever. But I must conclude. S. V OFFICIAL SURVEY. f;i Suggestions for carryinq out an Official Survey, with a, view to ascertain the State and Condition of the Official Departments, and the means of rendering them more efficient and complete. I. — That a Survey be made of all Departments, Offices, and Institutions, by means of a Return of the Officers of which they consist, to be made in a tabular manner, somewhat after that of the annexed Table. See pp. 63, 64. II. — That the Heads of the Office be requested to estimate the proportion of time, on the average, during which each Officer is engaged on the respective functions that he performs. III. — That the amount of time so employed, with the Salaries corresponding to such proportion of time, be placed opposite the Office or Function (according to the annexed Table).* IV. — That for the purpose of forming the foundation of the future regulation, adjustment, and consolidation of Offices, a Return be made under the following heads : • Same Tabic as No. 1, with tlio sum brought out in opposite columns. 62 Official Survey. NAME OF DEPARTMENX I. The Agenda and the Appropriate Quali- fications NECESSARY FOR THEIR EXECUTION. II. The Officers and their Relation to the Institution. III. The Acts and Attendances of those Officers. IV. The Hindrances to which they are Sub- ject, and the Facilities which they need. V. Their Remuneration and their Responsibi- lities. VI. Their Estates, Properties, Revenues, Grants, Fees, &c., and their Expenditure. VII. The Laws and Decisions relating to their Offices. VIII. The Records, Memorials, and Publications relating to them. IX. The Matters in Controversy relating to their Offices, and Measures resorted to FOR determining THEM. X. Miscellanea which will not fall under THE foregoing HEADS. These heads are so arranged, that if it should be thought inconvenient to undertake the whole extent of the Survey at once, selections may be made of parts, and it will be found that each part is calculated to develop in important particulars the present state of our Official System, and its means of improvement. Official Survey. 63 TABLE I. Office as it is. Head. President or Chief and Members. Executive Officers. Clerks, Book-keepers, &c. Special Clerks. Household and Attendants. Total Number of Officers. [Insert the Names in the placeSj according to the present arrangement.] 64 Official Survey. TABLE II. Office as it is Proposku to be. Head. President or Chief. Members. Staff. [Name of OfHcer.] Administrative Committee. Referees. Office Clerks. Special Clerks, Accountant and Registering Clerks. Mechanical Assistants. Attendants and Household- Total Number of Officers. [Insert Names according to the Functions fuliillcd.] Official Survey. G5 GENERAL NOTES, Explanatory of Tables Nos. i. and ir. Headship. Membership. Officersliip. Clerkship. Special Clerks, Accountants and Statistical Clerks. Mechanical Agents. Attendants and Household. Give Instructions under these heads as io the manner ut which the Tables are to be filled up. The distribution should correspond, as nearly as possible, with the proposed Organi- zation, except so far as a different arrangement has been established. 66 Official Survey. [As a matter of prudence, the Survey should precede the Report of any precise Scheme of Organization. No individual could reach all the objects and occasions of Official Organiza- tion. If, therefore, any oae were bold enough to propound an entire plan, he would be assailed on all sides by objections, which, though capable of being met by the proper develop- ment and adjustment of the plan, would discredit and dis- courage his labours, and excite a degree of prejudice unfavor- able to the adoption of the results. By making a Survey, especially in the manner proposed, the very officers them- selves would give the materials to be compiled, and would themselves suggest the deficiencies and means of obviating them. It should be understood that no man's position should be made worse, but rather better. The profit to the public should be sought in the greater efficiency of Ministers of State, in the economy of expenditure indirectly produced, and in the solution of so many questions which embarrass affairs, and practically injure the Constitution by weakening faith in its legitimate action, and exciting the demand for larger changes than would be otherwise requisite or even thought of. The object of the second and third recommendations is to show, by a comparison of the present Offices with the pro- posed ameliorations, that the improvement will not involve more cost to the State ; that it will be simply a new Distribution of Force.] Official Survey. (17 LIST OF TIIF. DErARTMENTS AND OFFICES (with TIIEIIl CO.XSTITUENT OfFICES AND DEPARTMENTS) TAKEN COLLECTIVELY. Tliis List is a necessary prelude to a Survey, and the foun- dation of it. It may easily be formed from the Red Book; but from new jurisdictions being incorporated by the Legislature in existing Offices, the List will not be correct if the popular designation be always adhered to. On this account it is desirable that the Officers charsed with the superintendence of this Survey should com- municate in the first instance with each Office, for the purpose of obtaining correct particulars. Name of Department. Name of Office. Name of Department of Office. Name of Officer. Name of Assistant. Agenda. L Principal Object, with its Secondary and Subor- dinate Objects. II. Principal Object (as before). III. Principal Object (as before). Let each Principal Object and subject-matter of jurisdic- tion be distinctly stated as above, although they may be executed by the same machinery. It is needful to exhibit collectively the Objects which are placed in the same Office, that the scope of its juris- diction may be shown. If it should be mingled with the following Table, the larger considerations involved E 2 68 Official Svrvci/. in the displaoement of jurisdictions would be con- cealed in the detail, which is unfortunately the too frequent characteristic both of our Administration and of our Legislation. Some Offices have every species of matter under their cognizance with a manifest defect of means and result. The statement of such things would at once mark where there should be separation, where union or combination, and, perhaps, consolidation or amalgamation. Name of Department, &c. Agenda. (Under each principal Object.) Principal Agenda or Duties : with its Secondary Agenda, or duties ; with its Subordinate Agenda or Duties. These Agenda include all practical details, from the highest to the lowest, placed one under another in distinct enumeration, so that they may not be confounded with one another, and so that the incidents of each may, if necessary, be marked. This Table will form an useful basis for many of the Tables which are men- tioned hereafter. Results similar to those mentioned in the case of the Objects of our Offices will follow from this distinct enumeration. The nature of Official Duty, the incom- pleteness with which in many cases it is performed, or provided for, and the want of facilities under which our inferior Officers sometimes labour, will become apparent. OJicial Survey. %d Name of Department, Agenda. &c. To To Administrative. To To ectory or Official. To To Inquisitorial. To To Special, To To Legislative. To To Local. To To Judicial. Superintendence and Conirol. To To To To Financial. Registration, Record, and Publication. To To It is important to distinguish tlic Agenda according to the nature of the functions engaged in their performance, in order that it may be ascertained whether any portion of such Agenda may not be referred, with similar Agenda, to some body more fitly constituted to entertain it, and also to ascertain (if such Agenda be retained) whether the Officers and arrangements are on such a footing as to provide for its fair performance in due season. Indications of the nature of the Agenda and of the functions are given in other parts of this communication, and might without difficulty be em- bodied in the form of instructions for the guidance of th e Officers in making the returns. Each of the above heads might in the case of a very extensive Office be made separate Tables, but it is better to show the wliole together, that the extent to which incompatible functions are accumulated in the same hands mav be made clear, 70 Ofivial Sarveij. Name of Department, &c. Agenda and Qualifications. The matter involved in this Section is the correlative of examination and of reramieration, and a primary essential in Official Organization. It is astonishing how much friction is occasioned in public offices by a disregard of the personal and professional qualifications. Excellent people are put in false positions, and practically incapacitated by the admixture of functions for which they are not fitted. A person of muscular system is put to an occupation requiring thought and reflection, and a nervous person to one requiring physical more than intel- lectual habit. The reflective is put to the work of the active, and the active to the work of the reflective ; and each feeling conscious of ability, and of his desire to act to the best of it, and, unconscious of his inability in some directions, feels asfo-rieved at what he rerards as the undue claim on his exertions. By requiring that work be done according to instructions, and by making the payment dependent on the execution of it, in compliance with those instructions, a good deal of this class of difficulty would be obviated. The Officer would soon learn the extent of his own capacity, and would lend assistance to arrangements calculated to remove the hindrances to which he is subject, and to supply the facilities which he needs. It should be the office of the Treasurer to assess a scale of remuneration for the items of service involved in the greater service constituting the func- tion, which would teach when, and where, and how, assist- ance might be obtained, and facilitate its attainment. By associating with a person of reflective ability, one of active habits and one of a mixed character, there would follow an harmonious exertion, and the further practical result of a large augmentation of steady and eff'ectual work. Offivlal Harvey. 71 Name of Department, &c. Agenda and Officers' Assistants. Aiienda and Instruments or Documents. Agenda and Occasions. Agenda and Time Occupied. Agenda and Remuneration, Agenda and Implements. Agenda and Place of Action. Agenda and Procedure. Agenda and Process. Each of these Tables has its use in bringing out the prac- tical working of the Offices, and the occasion for the respective functions and agencies recommended in the accompanying papers. The extent of the Establishment, the nature of the aid, the distribution of the functions, the ordering of tlic pro- cedure, and the distribution of the work over time and over persons, the adjustment of the remuneration, the arrangement of many bye matters will be depen- dent upon the matters involved in these Tables. They will be useful for discipline ; they will not be less useful in the fair adjustment of the claims of the Officers, and in enabling the authorities to remodel and arrange the Offices, so as at once to do justice to the public and the public servants on assignable prin- ciples, appreciable by all persons. 72 OJicial Sarveij. Name of Department, &c. Acts axd Attendances. Part I. Acts performed. When and where. Part II. Acts pendhig. Acts in arrear. When introduced. When due. Part III. Calendar Table showing attendances throughout the year. Part IV. Monthly Summary of Acts and Fees in respect thereof. Tvlonthly Summary of Attendances and Fees in respect thereof. Or, where such Acts or attendances are not paid by Fees but by a Salary, the proportion of Salary that may fairly be assigned thereto. Remuneration should be dependent partly on acts and partly on attendance, and to that end tliese Tal)les would be useful. But their especial purpose is to brin"" out the distribution of work over time, and to show the eftects of a l^etter organization, and that it would not increase either the force or the expense. It would show where Offices fail from want of force, where from want of organization. It would show, too, how time may be better economised, and prompti- tude be obtained, without undue pressure upon any member of the Official body. Official /V«/Tey. 73 Nr.me of Department, &c. Hindrances to which srujKCT. [These Hindrances are usually — 1. The State of the Law under which the Office acts. 2. The Inaccessil)ility of the Legislature. 3. The Inaccessibility of the .Judicatures. 4. The Liaccessibility of the higher Administrative Dej)artments. 5. The Inaccessibility of Officers in communication.] Many other Hindrances might be particularized, such as. — A want of the proper means of enabling a Chief to execute his various functions of administration, of inquiry, of registration, of financial control, of official direction, of a special nature, of a local nature, of superintendence and control, and of registration and record. A want of gradation of skill to meet the exigencies of the Chief. A want of the proper means of ensuring the separate purposes of distinctive jurisdictions of a different nature, placed in the same hands. A want of proper means of ensuring the conservation of institutions, and of the public interests. A want of the proper means of eliciting all the considera- tions involved in a matter of administration. A want of homogeneousness in Offices, &c., to enable a person who has filled a place in one from applying his skill and experience in another. A want of instruction and training, to enable the inferior Officer to become qualified for higher position, and to give full assistance to his superior. A want of the proper means of obtaining, for the Legisla- ture, the Administrative Departments and the Tri- bunals, the necessary scientitic, aiul ])rofessional, and practical aid, not of an oflicial character, in a manner to be available. 4 Official Surveij. A want of proper means of observation and of inquiry, and of determining matters (in controversy) of a public nature. A vrant of means of ol)taining and collecting information and intelliirence as to the matters of the Office which may occur or exist elsewhere. A want of means to execute those works of legislation or improvement which are necessary to facilitate the business of the Office. A u'ant of proper intercourse with Offices connected with the same branch of Administration, or executing simJlar functions. A want of proper means of making legislative inquiries and framinor lesjislative instruments. A want of means to obtain the adjudication of doubtful questions ; and of preparing matters for judicial con- sideration. A want of proper means in inferior jurisdictions, to insure the full performance of all the acts necessary to a judicial conclusion. A want of the proper means of ascertaining whether the work of an Office is commensurate with its establish- ment. A M-ant of the proper means to assess the rewards of service, both ordinary and special. A want of proper means to incur special expenditure for proper objects, essential to the Avell-doing of an institution, and the success of its object. A want of similarity of constitution, whereby the amalga- mation or consolidation of Officers is hindered. A want of means to encourage and reward the efficient service of the Officers, especially for services of a special nature. A want of the proper means of constituting a Board, and ensuring its due action, without undue controversy and difficulty. A want of the proper means of preparing official matters for the Chief or Board. Ofwial Siu'ccii. 75 A want of proper responsibility of Offices in relation to their special expenditure. A want of means of internal audit in each Office. A want of proper means to economize the space of official houses. A want of proper intercourse witli the mechanical aids of Printing and Stationery. A want of means to obtain refreshments during or after the hours of business, when engaged in the performance of official duty. A want of proper means to secure the continuity of service. A want of proper means to secure the continuity of suc- cession in offices. A want of gradation of service, whereby promotion may be gradually made from the lowest office to the highest. A want of the means of providing for the timely retirement of superiinuated persons. A want of the proper means of importing from one service to another, persons qualified to render useful public service. A want of proper means to obtain supernumerary aid, in case of occasional pressure of business. A want of proper means of adjusting the vacations and absences of members and officers, for the purposes of health and business. A want of the projier means of ensuring the due promo- tion of qualified public officers. A want of the proper means to o1)tain special aid for mat- ters of an extraordinary nature. A want of proper means to ensure the proper distribution of business over time : and the economical application of the time and resources of the office. A want of proper means to ensure the constant and regular progress of matters referred to Commissions and Offices. A want of proper means of ensuring to the Chief a full knowledge of the matters of his administration without 76 Official Surcetj. undue labour and difficulty, or risk of misrepresenta- tion, intentional or unintentional. A want of proper means of superintendence and control, to ensure the execution of the directions and orders of the authorities. A want of sufficient means to execute the duties of a (small) office, without throwing incompatible duties upon persons partially qualified. A want of means of regular and systematic access to the administrative departments, having the superintend- ence and control of inferior offices. A want of means for ensuring the responsibility of the officers of the different departments. A want of proper means to arrange and deposit the papers and records of offices. A want of proper means of publicity, by publication in the public prints, or by circular. A want of proper means of collecting, recording, and ren- dering available the statistics of an office. A want of the proper means of communicating to the public information of a public nature, calculated to prepare the public mind for the reception and adop- tion of public measures. Name of Department, &c. Facilities required. [The Facilities will consist mainly in the removal of all well founded causes of Hindrance, but there are some or- dinary ones which it may be well to recite in order to found thereon a Chart of Facilities which may be generally applied.] 1. A proper distribution of functions with persons properly trained to fulfil them. (The distribution will facilitate the appoint- ment of such persons.) Official Survinj. 77 2. A proper Code of Instructions for the use of sucli persons. 3. A proper Outfit. 4. A proper place of business conveniently situated and adequately furnished with articles necessar)- for the convenient performance of the duties. 5. Proper convenience for suitable refreshment. These obvious matters need more special regard than they have ; a private trader considers them because his profits are dependent upon the efficiency of his workmen. What Mr. Thomas Cubitt has found convenient for his workmen, should be supplied to all Public Officers ; their comfort should be scrupulously considered, that the discipline re- quisite may not be made difficvilt by apparent injustice. Some of the matters above indicated will appear to the un- observant to be trivial, and beside the purpose ; I speak as a Witness of my own personal experience, and of my observation of the effect of the neglect of such things on the efficiency of establishments. A very insigni- ficant cause will interrupt an undertaking which cannot be revived from want of opportunity. A good workman will work under great disadvantages but our arrangements should be for persons of the average kind ; besides a good workman will manifestly do less if his time be frittered by seeking for his materials and doing that which an inferior hand of more appropriate qualifications could do better. Name of Department, &c. Remuneration. Remuneration is the chief means of energizing everv Establishment. But the usual mode of Remuneration of Public Officers is generally calculated to jnoduce the worst 78 Official Survey. effect. It has no relation to service — not much to quahfi- catiou — and little relation to means of existence. It should be made to depend upon work, so far as work depends upon the workman. He should be paid in respect of the work ; but if at any time the work should be insufficient, a stipu- lated sum in respect of the time of attendance during which lie is not occupied. It would he, a useful thing in new- Offices, well organized, to make the payment a dividend of the Parliamentary Grant or the Fees (or other Fund out of which the office is maintained), in proportion to the respective results of the exertions of the different Workers or Departments of Workers. At all events, some means of Remuneration should be placed in the hands of the Chief of an Office, to be paid to the Workers according to their exertions. Nothing is so absurd as the payment of all the salaries without reference to acts, or attendance, or to amount of service. Whether there be arrears or none — whether the work be ill, reluctantly, or well performed, the salary is paid. It would not be impracticable to adjust the Remuneration in such a manner as to encourage the good and discourage the bad; to be just to the Officer and just to the Public also. The very exact nature of the routine into which almost all official business falls, and into which it may be made to fall, affords a facility for adjustment which in some other services, such as the military and the naval, could not be. But the Remuneration of a Civil Officer, like that of a Military Officer, should be estimated on the whole period of service. He should be so fairly confident of his course of promotion as to feel that what he does to-day is but a step in his progress, if he does nothing to forfeit it. A system of Payment of Fees is, upon the whole, the best, and not difficult of adjustment, and the only one that can protect the Public from being charged with overmuch ser- vice in some cases and too little in others. Official Siu'veij. 70 Name of Department, &c. Responsibilities. Under this head sliould ])e stated all forms and means of Official Responsihility : whether by Bond or Recognizance, Fine or Forfeiture, Remuneration measured by complete or accurate service ; Returns of work done, Audit of accounts. Reports; and any and what form of Superintendence or Control. [The responsiljility of all Officers should be ensured by a Report made periodically to their immediate Superior, and it might be made in a summary manner, upon the plan of the Survey herein proposed, or in a similar manner to the Co- lonial Blue-books. Each Report should consist of so many sections corres- ponding with the subject-matters of the jurisdiction : one Report for each leading class of subject-matter where distinct matters were performed by the Office, and separate sections in such Report being allotted to the other heads of the pro- posed Survey ; the whole being prefaced by a short summary Report calling attention to matters of particular moment, or to such matters as the Officer having the superintendence and control of the Reporting Office may have thought fit to require to be so treated. An examination of the Reports which are now made to the Crown and to Parliament, would furnish ample illus- trations of excellent methods, and furnish illustrations of EvUanda in order to prevent the value of this expedient beinij lessened by an undue bulkiness and confusion. The proposed reports would reduce the number of Returns and Blue-books, and at no distant period occasion in many ways a great saving of expense.] It will not be reasonable to expect that inferior Officers will be willing to incur the odium of stating instances in detail, nor will it always be prudent to allow that oppor- tunity for vindictive imputation by means of specific state- ments to be published. But measures should be taken to ascertain in a general maimer, sufficient for administrative 80 Official Survey. legislation, the points of hindrance which occur, and it may, therefore, not be inexpedient to invite confidential commu- nications upon the understanding that their contents will be compiled for the above purpose, but that the specific details will not be gone into. Name of Department, &c. Estates, Properties, and Revenues of at,l kimds, AND Expenditure. Each Office should furnish a List or Inventory of all Properties and of the Persons by whom used, and also a Balance Sheet and Estimate of its Receipts and Expenditure. For this purpose it should be charged with the Rent and expense of its House, of its Stationery and Stores, and of all expenses occasioned by the service which it has in charge ; it should also state all sources of Revenue : and on the other side, it should give every item of Expense. The form should be the same for all Offices. This is necessary to exhibit all the Expenditure, and to show by whom it is incurred, and to check all needless expenditure, and without difficulty the same method might be adopted in the internal management of each office. Each Officer (or Department) should be charged with the expense of his room, fittings and furniture, lighting and warming, his stationery, and so on. No method short of this will curb the wastefulness of expenditure. The arrangements for keeping the necessary Accounts will probably not be greater than they are now, and, even if greater, the habits of general accuracy and prudence which such a system of economy, coupled with a well considered liberality in right ^directions is calculated to engender, would compensate for any addi- tional expense and trouble by the higher spirit and tone of Official Persons of all ranks. The very internal audit by which these matters would be checked must incidentally facilitate discipline and control in other matters. Official Survey. 81 I slioultl add a recommendation wliich I have made elsewhere, but which will be less and less necessary as our official affairs arc improved, viz., that every Chief of a Department or Office should have at his disposal a sum of money to be applied by him for the service of his Department without the necessity of applying to the Treasury in the first instance, but upon condition that it be specially reported afterwards. Nothing so discourages Ministers and Officers of all ranks as the inability to do their duty from the mere want of means. If there were such a fund to be applied under the control of a Special Officer, so as not to await the slow pro- gress of Treasury movements, occasioned as that progress is by its overwhelming business, some part of the evil which cankers mhiisterial enterprize would be got rid of. This Return may be made Revenue. I)r. To Revenues of Property. To Receipts of Fees. To Parliamentary Grant. To House. To Fittings and Furniture. To Stationery. To Special Service Fund. (All moneys and all moneys' worth.) by a Balance Sheet, thus : — Expenditure. Cr. By Establishment. By Management of Funds and incidental services. By House and Building, and incidental services By Fittings, Furniture, and incidental services. By Coverings, Clothing, and incidental services. By Provisions and incidental services. By Stationery and incidental services. By Carriage and incidental services. By Gifts, Loans, Charities, and incidental services. By Savings, Insurance, and incidental services. By Special Services. (See Return.) F 82 Official Survey. Name of Department, &c. Laws affecting it. A Chronological List of the Statutes and parts of Sta- tutes applicable to the Department, &c., and also a Statement of the Statutes arranged according to the respective subject- matters of the jurisdiction. The state of the Law is a principal cause of Official Hin- drance. It doubles the expenditure of many Departments, not directly and apparently by litigation, but by augmenting the amount of general business, while it produces a weakness and want of energy which are fearfully at variance with the public interest. The aid of each Officer thus obtained would facilitate the grand work of Consolidation/ the want of which is univer- sally recognized. The Consolidation of the Law is a topic of immediate concern, but there is a fear of expense, and of the extent of the labour. By dividing it among many, and by bringing many minds and experiences to bear directly upon the work in an uniform maimer, especially in the collec- tion of materials the task may be made both less exten- sive, and less costly, but it will still be necessary to place over the operation a presiding authority capable of applying the results, and stimulating exertion. Li the course of these papers a suggestion of the kind is offered. It is of immediate concern in the present posture of affairs and worthy of special regard. Official Survey. 83 Name of Department, &c. Decisions relating to it. This matter is an accompaniment to the last, and should have attention for the same reasons, and similar lists should be made. Many persons regard a measure of tliis sort, as the first step towards a Consolidation of the Law, and some as a means of lessening the necessity of consolidation. It is indispensably necessary for the efficiency of Public Offices, M'hich often become lax because the law is doubtful and cannot be vindicated with confidence. Name of Department, &c. Records, and Memorials and Publications relating TO IT. This Return will comprise Parliamentary R eports. Books, and all Matters specially relating to the Office. The object of this recommendation is to ascertain the state of information on every subject ; to stimulate the intel- ligence of every class of Officers ; and to rescue our Bureau- cracy from being to so great an extent the slaves of mere routine, and enabling them to assist the higher Ministers in the performance of their duty. It would also be the means of cultivating public intelli- gence on official matters, by w'ay of preparation for the measures which Govenmients may subsequently introduce, and thus facilitate their progress through Parliament. (See Letter IV.) The Form might be, as in the case of the Returns of Laws and of Decisions, both Chronological and according to subject matter. But whatever the plan, regard should F 2 84 Official Survey. ])e had to the occasions upon which information may he required, and that the result of such an effort should he the foundation of a Lihrary and such a system of Registration and Record as will enable the Office to keep it up afterwards, by fresh accessions of matter properly arranged. Name of Department, &c. Matters in controversy and Means of determining THEM. A Table, either Chronological or arranged according to the Agenda. This is a touchstone of the state of matters within an Office, and of its relations to other Departments of State. It will exhibit the hindrances of the state of the Law, and of the state of the Tribunals, and of the relation of higher and other Offices, and show the value of many of the sug- gestions which I have offered. It will prepare the Offices themselves to make recommendations, and suggest the matters which, without this head, might not press upon their attention. In carrying out the object in this respect, separate lists should be made of the matters now in controversy and of the matters which have been in controversy. A statement of the controversies which have arisen among our Colonial Officers and elsewhere, would of itself be an excellent means of legislating generally for our Officers. The experience of past miscarriages, through this cause, has availed very little for avoiding the recurrence of them, simply because they have been treated as isolated instances and not embodied in any shape for general instruction and example. By this means alone, includ- ing, of course, the proper preventions for similar mis- chief, the Colonial Office would be relieved of much embarrassment and of a great hindrance to its efficiency. Official Survey. 85 Name of Department, &c. Miscellanea which will not i-all under aky of the foregoikg heads. It is not apprehended that this head will be required, but it will be useful to those who may find a difficulty in applying the fore,iz;oing heads ; though any difficulty of that kind should be met by empowering some Officer to give instruc- tions as to the scope of each head and the manner of treating it. There is a Head of this nature in the Report of the Select Committee of the House of Commons on petitions, which might be much lessened if there existed any general arrangement of topics corresponding with the Official divisions and subdivisions of Departments and Functions. Till such an arrangement can be adopted, some such list of sundries is the only means of preventing the omission of matters which arc not easily placed. Besides, there might prolmbly be an alphabetical list of all the topics, witli reference to the divisions in which they will be found to be treated. General Remarks. It may be well to request each Department (of any mag- nitude) to appoint an Officer to prepare these Returns, and communicate with the above-named Officer. Lesser De- partments and Offices should return by their Chief or Organ. It will provide for prompt action without much expense. If the arrangement proposed with regard to the Privy Council should be adopted, these Returns might be made to the respective Committees to be by them collated and arranged and reported upon not only as their first M'ork, but as the means of mustering their respective fields of exertion. 86 Official Survey, Local Government Departments and Offices. [The Government Departments and Offices connected uith localities more or less extensive and more or less in- dependent, will furnish illustration for our use ; and, perhaps, in many cases the authorities of those localities may be glad to avail themselves of the general result of such Survey, conducted in the manner proposed. The Offices to which I refer are : — 1. Colonial Governments. 2. Provincial Government. 3. Municipal (County) Government. 4. Municipal (Borough) Government. 5. Special District Government. 6. Parochial Government. 7. Any other Government. Nothing would so effectually exemplify the sort of reforms that are needed, as a comparison of the Local Departments and Offices existing under so great a variety of circumstances, agreeing probably in all, or almost all, their essentials, but yet needing some excellencies possessed by others. I should recommend that a Survey should be made of each, and that the result be embodied in a Return in a Tabular Form somewhat after the manner indicated in the Table I, and also according to the Scheme of Offices as known.] REMARKS ON PRINCIPLES APPLICABLE TO OFFICES AND OFFICERS. 89 GENERAL EXPLANATORY REMARKS UPON THE PRINCIPLES TO BE APPLIED TO THE CONSTITUTION OF OFFICES AND OFFICERS, WITH I. A SuGGicsTED Application to Departments of Admin- istration ; and II, A Suggested Application to Departments or Exe- cution ; and III. Incidentally the mode on Which Reforms may he GRADUALLY INTRODUCED ; AND IV. Observations on the Considerations to be regarded IN respect to Offices and Officers. Action on the Survey. Supposing the Survey to be determined upon, it will not be inexpedient to consider the possible action thereon, both with a view to its right direction to its end, and to the application of its principles to those cases which must arise in Legislative or in Financial Administration while such Survey is in progress. Mv own conclusions are formed from observation ; but even if those with whom the authority to act rests, should have been led by a similar experience to the same results, I think that it would be ])olitic by some means to obtain the concurrent action of Public Functionaries, and that, for that purpose, it is necessary that they also should be led to consider the matter, not only from the point of view of the Offices to which they havo been accustomed, but also upon those considerations which do determine the nature of Offices generally and ought to deter- 90 Remarhs on Offices, &c. mine the nature of all, except so far as their specialty may require. The supply of wants where the Offices are considered by their Officers to be deficient will conciliate the support of those Officers, and expectation of promotion, and of aug- mentation of Salary will conciliate others, while the general spread of fair dealing will, I am sure, animate many. Without the specific information which a Survey or a more elaborate working out of m.y own materials will give, the treatment of the subject, must necessarily be in outline ; but the fuller notes that I shall have to make on the difierent Officers, and also on the considerations applicable to Depart- ments or Offices and Officers generally, will fill up that outline sufficiently for practical purposes. Parliament, I pass over Parliament, because in the present state of opinion, it is not prepared for more internal organization which has already advanced much by the energy of the Speakers and the good sense of tlie House, since 1832, and I will proceed to apply the suggestions to the Privy Council, the Council of Administration of the State, which will enable me to show the complete Organization of that branch of the Official system ; and afterwards I propose to pass to the Execu- tive Officers of State, who, though exercising many duties which constitute their functions of an administrative character, may be regarded rather as executive than administrative, since that characteristic prevails in the functions of their Offices. The Tribunals. I postpone Tribunals to the conclusion, or perhaps, to a separate effort. The Tribunals, which, though in almost all structural respects, they have the same requirements, and the same, or similar organizations as other Official Departments, yet from their more entire subjection to publicity and established rules of action, have a more definite character, and are less amenable to regulation by any means short of the power of Parliament. These Institutions should be included in any Survey, for Remarks on Offices, dc. 91 in tho Reforms of the Law that are now in progress, it is of essential importance to learn from a collation of all Courts, the proper constituents of a Court, whether it he of a mixed Judicial and Administrative nature, as the Court of Chancery, or a merely Judicial nature, as our Courts of Law, or principally of an Administrative nature, as our ('ourts of Bankruptcy. The costliness and delays of the Courts of Justice, as well as the miscarriage of their proceedings, aro owing quite as much to the organization of tho Courts, as to the state of the Law. Coincidence of Official Organization and Legislation. It is a curious fact worthy of remark, and of inmiediate practical application, that that outline which constitutes the l)est outline of Official Organization is the best outline of any instrument of Legislation. The explanation is, that a Law is but an authoritative recounting of the scope of administration and its modes of action ; and, therefore, where they are fitly contrived the exact representation of its nature and operation will correspond with it. It will follow, that in consolidating and organizing our Official Establishments, and providing them with due Legis- lation, we shall in fact consolidate much of our Law, and on the other hand in consolidating our Law, we shall produce a like effect on our Official Listitutions, and thus facilitate their improvement, and at the same time diminish and econo- mize their labour and the national expense. Principle of Official Organization. I propose, first, to treat of the most leading consideration, and at the risk of appearing pedantic, to start, with a proposition which is tho key and test of the whole scheme, and tho practical means of adjustment. It is, that the principle and groundwork of Official Or- canization is, that — the State — the Councils of the State — every ^linister of State^every Department of the State — every Office — every Officer — has need of j)rovision for the execution of 92 Remarks on Offices, dc. Matters of A ciministration ; of Inquiry ; of Legislation ; of Adjudication; of Finance ; of Direction ; of Special nature ; of Local nature ; of Superintendence and Control ; and of Registration, Record, and Publication, and should, in some form or other, to a greater or less extent, have such provision. The nature of the provision will depend on the extent and range of the matters which require such service ; and also upon the provision which is to be found in other Departments, or Offices, higher or lower. The higher Administrative Departments being complete, the lower will not need the same degree of completeness in the same particulars of service, but these particulars may be repre- sented by a single Office : and this Office being complete, other Offices may have an Officer of inferior grade. Thus in the higher or special Office, the provision will be by a high or special Functionary and his Staft'of Officers ; in the lowest, by a mere Book, or Book-keeper ; in the intermediate, by an Office, or Officer, or Agent, Clerk, or Assistant. PuESENT State of Things. In a rough maimer, the State is provided for by the Min- isters of State : — Administration, — Premier, or First Lord. Inquiry, — Lord President of the Council. , — Lord Privy Seal. Adjudication, — Lord Chancellor. Finance, — Chancellor of the Exchequer. Direction, — Secretaries of State. Local Matters, — Secretaries of State. Special Matters, — Chief Conmiissiouer of Works and Buildings, Postmaster-General. Remarks on Offices, dec. 93 Superintendenco and Control, — Chancellor of the Exche- quer, President of Board of Control. Registration, Record, and Publication, — Lord Chancellor, Master of the Rolls, Secretary of State. The Councils of State, the Parliament, and the Privy Council, are so provided for by the presence of the Ministers of State therein, but not by appropriate, or adequate, organiza- tion. In short, it would bo difficult to find any Function which does not exist somewhere or other. Our problem is, to indi- vidualize, develop, define, energise, and regulate it, that it may serve the State (by serving the INIinister) to the fullest extent of the need. The List of the Business which each Minister has on hand, with the matters therein involved, and the Functions which are requisite to fulfil those matters to the extent of the need, the long pendency of the questions, and the contradiction of principles and methods employed in the measures of the different Departments, attest the nature of the need. Application of Principle to Privy Council. For the reason I have mentioned, I pass to the Privy Council, which is susceptible of readier adjustment, and should suggest, that as opportunity offers. Committees should be formed as follows, or in some such manner :— Committee of Direction: President of the Council ; Lord Privy Seal ; Together with the respective Members of all other Com- mittees of Privy Council who take cognizance of the peculiar functions of this Committee. Committee Of Administration : All who are of the Cabinet ; All who have been of the Cabinet ; Together with the respective Members, &c. Committee of Inqitiry and Lnformation : All who are of the Cabinet ; All Ministers, Members of the Privy Council ; Together with the respective Members, tS:c. 94 Remarks on Offices, dc. Committee oe Law and Legislation : All Privy Councillors who arc Members of either House of Parliament ; All Privy Councillors who have been Members of either House of Parliament ; Together with the respective Members, &c. Committee of Judicial ISIatters : All Privy Councillors who are on the Bench of the Superior Courts ; All Privy Councillors who have been on the Bench of the Superior Courts ; Together with the respective Members, &c. Committee of Financial and Trade Matters : All Privy Councillors who fill the offices of First Lord of the Treasury, Chancellor of the Exchequer, President of the Board of Trade, and Commissioners of the Treasury ; All Privy Councillors who have filled such offices. Together with the respective Members, &c. Committee of Special Matters : All Privy Councillors who fill the Offices of Commis- sioners of the Treasury, Commissioners of Works, Postmaster-General, Commissioners of the Poor Laws; All Privy Councillors who have filled such Offices ; Together with the respective Members, &c. Committee of Local Matters : All Privy Councillors who fill the Offices of Secretary of State ; All Privy Councillors who have filled the Offices of Secre- tary of State ; Together with the respective Members, &c. Committee of Superintendence and Control : All Privy Councillors who fill the Offices of President of the JJoard of Control, Comptroller of the Exchequer ; All Privy Councillors who have filled such offices. Together with the respective Members, &c. Remarks on Offices, dc. d5 Committer of Registuation and Record : All Privy Councillors who fill any Office of Record ; All Privy Councillors who Ikivc been Chancellors, Masters of the Rolls, or filled any Office of Record ; Together with the respective Members, &c. The function of the Privy Council is to advise the Sove- reign, and its proper subsidiary functions would be to collect, receive, collate, and digest all available information for that purj)Ose. The later practice has been to cast upon them duties of a more active nature, which belong more properly to the Secre- taries of State ; and these Officers on the other hand have been charged with the collection of information. Nature or Organization and Distribution of Functions OF Committees of Privy Council. In the foregoing statement I have pointed out how the entire body of the Privy Council should be divided into Com- mittees corresponding with the Departments of Administra- tive function. In the Tables to be found in the sixth Division of these Papers, will be shown of what nature might be the Organiza- tion of each Committee and the distribution of the Functions. At present the Privy Council consists of several Com- mittees, the Elder one being the Committee of Trade and Plantations, the next the Judicial Committee, and that of later origin, the Committee of Education. It is obvious from these examples, that the system of the Privy Council is one of great pliancy, and under arrangements of a more regular kind might be made to fulfil the ])urposes of Commissions, to which, on so many accounts, there is reason- able objection, and to aid the Executive Dej)artments. A corollary of the establishment of a sound constitutional system of administration, providing appropriately for advice and information, and for execution, would be the eventual amalgamation of all Commissions and of their Functions, in the well known Departments and Offices of State, and in the Functions of those Departments aud Offices. 96 RemarTcs on Offices, dc. The intermediate operation by which these results miorht be obtained, would be by uniting in action with the Chiefs of Departments, the heads of their subordinate Departments, and consolidating their Establishments under the same general system of Official action. Separation' of Departments of Advice and of Execution. In any consideration of the Official system with a view to permanent arrangements, the solution of much difficulty would be found in more strictly adhering to the Constitutional nature of those Departments ; to give to the former that portion of Administration which consists of Advice, and to the latter that portion of Administration which consists of Execution, and as a corollary to give to each of these Departments for their assistance, a class of functionaries mainly suitable for the one purpose rather than for the other. Thus, instead of each of those Departments being made omnicompetent, which would not be possible without complete organization, each might be perfectly constituted, and so be enabled to do its proper business more effectually while it would derive from its fellows the benefit of their aid in their own proper matters. The risk of collision is to beobviated as it is obviated in Par- liament, by making the Members of the Executive Departments Members of the Committees ; and organizing both the Advice Departments and the Executive Departments on the same general model, with only a difference in quantity of special service in the direction of the speciality of the Department ; at the same time giving Execution entirely to one, and Advice, or rather Information, Inquiry, and the detailed work of Legis- lation entirely to the other. The Special Needs. Late circumstances have shown that there is Need, not of work, but of workmen in right places, so disposed that they may help instead of hindering each other, and so that the functions may be such as to be within the mastery of the personage who fills the Office, and not as the case now is, in Remarls on Ofices, ^^c. 97 some, and not a few instances, so incom])atll)lo as to make it obvious that any man, however qualified he may be for the main part of his Office, must perforce (on account of his peculiar qualification for that, and the incidental absence of other quali- fications) be unfit for the other part of his Office. Moreover, there is Need of a system by which a greater number of intelligences and influences may be brought into play in the concoction, deliberation, and maturation of mea- sures, without interfering with each other, so that there may be greater correspondence with public opinion and feeling, and at the same time greater unity of sentiment and action in the Administration. Offices of Secretary of State. The Secretaries of State constitute the Chief Executive Functionaries. Their Jurisdiction is of an Executive character throughout the Localities which they respectively represent. The subjects are of the same description. The Secretary of State for Home Affairs probably has within his sphere more or less connection with every matter that comes within the cognizance of the other Secretaries of State, except the dij)lomacy incidental both to the Departments of Colonial Affairs and Foreign Affairs, arising from the more entirely independent positions of the other Authorities with which they have relation, and which diplomacy constitutes at once the characteristic and the difficulty of those Departments, — a cir- cumstance often overlooked in considering Colonial ques- tions. The Office of Secretary of State in its several Depart- ments is now rich in every species of required Agency. The problem is, how shall the Secretary of State obtain from his Assistants such a mode of aid as will enable him to act promptly yet safely. It is supposed that if instead of having a great number of subordinate Officers, each with his special rant^e of duty, with all functions self-contained, and to a great extent excluding the aid of others, they were required so to shape their Reports as to bring the separate divisions of matter clearly before him, in one form, and so that he might take counsel readily of other Officers charged with these matters, G 98 Jlemarh on OJices, &c. he could unite the directness and promptness of volition which are requisite, with that consideration of matters which will make his action wise and prudent. To this end it is proposed, not to change the organization of the Office of Secretary of State, but to develop and arrange it in such a manner that each Secretary of State may really and truly preside over it, and all Official Departments under his Department. The interchange of the higher Officers of these Depart- ments of the Office of Secretary of State, and also of the Departments of Privy Councils and other Offices, would tend to increase the efficiency of Estabhshments, and to prevent that stagnation and ultimate destruction of Official ability which results from placing men of much active mental capacity in circumstances of limited routine. A man who, in the course of his Official career, has had opportunities of experience abroad in the Colonies, and in Foreign Countries, as well as at home, will be likely to be a more enlightened and better informed functionary than one Mdiose whole life has been passed in a Civil Service, perhaps in a single office at home. On the other hand, our Colonial Governments, and our Foreign Embassies would be strengthened by the infusion of special skill and information acquired in this country, and both one and the other would be instruments for collecting and receiving infor- mation of present importance to matters under consideration; it would simply be that some of our Forces were stationed abroad, instead of being all stationed at home. This would prevent the employment of Special Commissions, except upon very rare occasions. Of course, if such interchange were to take place with the Colonies, the inhabitants of the Colonies should share in the Imperial Service, which would lead to the establishment of links of connection favourable to the maintenance of sound relations with the Colonies. Of course, this is a suggestion that could be applied but gradually, for the narrowness of our official training and experience would preclude the selection of many persons who have attained high place from being appointed, with advantage to them- selves, or to the services in other positions of the same rank in the Foreign or Colonial Service. Remarhs on Ojficcs, &c. 99 COVTRAST nRTWEKV TIIR OfFICES OF THE TREASURY, SECRE- TARIES OF State and Committees of Privy Council. The Departments of the Treasury and of the Secretaries of State would differ from, on the one hand, an Administrative Committee of the Privy Council, and on the other, from an Ordinary Executive Office, in the followinfj respects. From the former, in that they will have a Special Officer or Com- missioner for each Special Division, instead of a Committee; and from the latter, in that they will have a larger range of Assistants and Agencies, being the respective Depart- ments under them. Many of the Chief Oflticcrs of the Staff, and of these Departments, might with advantage, and without additional expense, be Special Commissioners or Referees. It will be therefore seen that the distribution proposed has reference merely to the distribution of function, not of the per- sonnel, which will of course depend on other considerations. Application of the System to the Treasury. The application of the jurisdiction of the Treasury to the entire range of concerns is unquestionable, and it may be added that the Treasury might by its arrangements (and indeed needs and ought to do so) establish a perfect Official System, by which it would not only dispatch more effectually its own affairs, but, perhaps, more than any other Office could do, remove the hindrances to which our Official System is subject. It is due to the partial and specific manner in which it is now oftentimes compelled to deal with questions, — to the want of established principles of action, ranging over the whole of the same class of cases, — to the delay arising from the extent of its work, and occasionally to its oppressiveness in the ai)plication of its rules of economy, and to the injustice occasionally com- mitted towards individual Officers, operating to deter and to discourage other Departments, that schemes of improve- ment, and the public affairs are in so backward a condition. There is not a sufficient amount of openness and fair-dealing in its system; and the result is that that system has made the Government less to be relied u])on in its engagementsthan almost any individual, and this from no other fault than, as I believe, G 'J 100 Remarks on OJlces, <&c. its action by close, instead of open means ; by a narrow, instead of an adequate agency. A Return of all matters tbat await its doing would demon- strate these positions. By a system of Officering that should make its proceedings more open, more prompt, more amenable to the opinion of its own members, yet not so as to curb indi- vidual action, the greatest Reform of modern times would be effected, which would be the foster-parent of almost every other legitimate Reform. Mode op Application to the Treasury. I should suggest that in this (as in all other cases), the earliest step should be to develop the Establishment, by appointing one or more Officers, which it now wants or appears to want ; and the first which I would suggest would be the Remembrancer and the Controller, and perhaps the Super- intendent, to note what is to be done, when and where ; and to see that it is done then and there, or at least that the Arrear is notified at once, and measures taken for the disposal of it, or at least for its being done at the proper time or occasion. It is impossible in Offices, as it is with individuals, to change habits of long standing; and the best plan is to supply them with special aid, which does not directly disturb those habits, but which will relieve the pressure upon them; and if these be good, will assist them to escape. It is all the more important that this step should be taken with the Treasury, as it would better enable it to ap])ly the experience to other Offices. Model Office. I have sometimes thought that one of the best expedients to eflect a gradual change would be to establish, in connexion with the Treasury, a Model Office, through which all Clerks must pass, on their way to other Departments. It probably would not be put on a thorough footing till the result of the Official Survey should be ascertained ; but with the aid of some experienced Officers, it might be made the means of collating, receiving, compiling, and digesting the Returns which should be made, and which might be the Jiemarks on Offices, dec. lul foundatioii of a sound natural system for generations to conic. I am very much inclined to press this matter, for by tho aid of a corps of Clerks and ]3ook-keepers corresponding with tho functions I have indicated, I believe that not only would the general ])lan be develo])ed on paper, but it \Yould be to a very great extent worked out in practice. It is of so much the greater importance to establish special means, as the interruption of current business, however imper- fectly carried on, always occasions irretrievable mischief, and it is a proved axiom in all Reforms, that the new method should for a while proceed pari passu with the old, till the old is so nearly worn out as to interpose no obstruction to the progress of the improvement, and admit of its entire abolition. A Model Office would have this merit, that instead of dis- missing Officers who are rendered unnecessary on the reduction of Offices, they may bo drafted into it as into a Depot, and be avaikible to proceed thence as Supernumeraries, or to fill places in new Offices, instead of the costly and disastrous practice of filling such Offices with Clerks entirely untrained. Illustrations of Application. The Privy Council and its Committees, the Offices of the Secretary of State, and the Offices of the Treasury, furnish all the illustrations of the practical ap])lication of the principles contended for, except perhaps as regards sundry matters of detail, and the distribution of agencies over localities. The former will be supplied by the Office of Woods and Forests and the Office of Works and Buildings, of which one will give all the specialties relating to the management of Estates and Properties, especially of the landed kind, and the other all that relates to Housing all sorts of persons, to works and buildings of every description, with all the special detail involved in either, and also some amount of local agency ; but the Revenue Departments generally, the Inland Revenue, and the Customs Revenue, and perhaps tho Poor Law Department, and tho Department of the Registrar of Births, Deaths, and Marriages, furnish the most complete systems of local agency. 102 Ilcmarks on O^ces, dc. So that as regards the General Departments of Govern- ment, the filling out of this outline by the information to be derived from the Survey, will give so complete a view of what is necessary in our Official System, as to make it inexpedient to go into the details of the nuiltitude of minor Offices, many of which, it is conceived, ought to be consolidated with the main institutions of which they are subjects, by attaching to them proper Offices of Account, &c., from the Chief Depart- ments to which they belong. Thus relieved of much of that Accounting and Official detail which embarrasses their more Special Functions, and needlessly augments their Establish- ments, they would be made more effective for their purposes. Kequisites of Minor Offices. It should, however, bo repeated (as remarked earlier in this paper), that no Office, however small, should be without its Register of matters. And probably, wherever an Officer should exist, he should have, either by himself, or in connec- tion with some other Officer, taking cognizance of cognate matters, a Clerk and Book-keeper, and, if need be, an Agent or Assistant, and if need be, an Examiner or llegistering Officer. By adopting uniformly in limited Offices this limited organization, after one method, the persons so employed might bo easily drafted into other Establishments. In such cases, care should be taken not to commit the injustice of re- garding such Officers and Clerks as not belonging to the Civil Establishments. They should rather be regarded as Officers and Soldiers detached on Special Service, and entitled to be restored to their position when the occasion ceases. By this means it would become much easier to modify Establish- ments, for Chiefs would not then be deterred by the painful feeling that the parties discharged are thrown on the world without resources. It may be remarked, at the same time, that on the other hand, it should no longer be considered tliat Official employment of an inferior kind disqualifies for other employment; but it should be required as a test for competing for Government employment, that the individual is fit to do eometbing eltse, if the necessity should arise. Remarks uu VJJiccs, ike. ]03 Offices. General Remarks. Not an inconsiderable part of the deviation from a conmion system has arisen from the practice of acting upon partial views in relation to occasions of the Creation of Offices and to the preliminaries to regular operations — the formation of Offices — the Extension of Offices — the Consolidation of Offices, and the Abolition of Offices. Each of these occasions should be regarded, and to avoid the recurrence of similar miscarriages, some principles and general scheme of action should be established for the guidance of the Administration, both for action on each occasion, and for the general superintendence and control of Offices. The establishment of an Office has been left too frequently to the Minister who has been the author of the measure, and too little to the control of the Treasurv. The establishment of a general system would diminish this evil, if, indeed, it did not take away the necessity of making a new Office at all. Sometimes, and not unfrequently, it has happened in the case of new Offices, that their state and conditions have not been pre-appointed, but they have been left to commence ope- rations in a state of inorganization, and allowed to grow of themselves into some sort of practical action, corrcs])onding with the special nature and habit of the person who ha])pened first to fdl the Office. The foregoing remark as to the independency of Officers in creating and starting Offices applies also to their Administration generally, which has in some instances no reference to any standard but the individual will or notions of the Chief for the time being. It nuist be remembered, that a Department or Office is an Institution for the conmion use and benefit of all sorts of persons, brought together to effijct a common good, and therefore nobody is at liberty to allow his idiosyncracies to prevail to an undue extent ; that the function of the Chief or Officer is to dictate or direct the policy, and that all movements in obedience to that ^dictation or direction, should obev a 104 Remarks on Offlces, c{:c. course coiTOsponding with tlio ordinary law of Official action, except so far as the necessity of the exigency shall require a deviation. It is from the Public Departments and Offices being conducted after the wills and dispositions of individuals, and not accord- ing to a common law or practice adapted to the general nature of Official business, modified as it is in this country by the action of Public and Parliamentary influence that Offices have become to be independent peculiarities, instead of parts of a well-established and well-recognized state of organization. Creation of Offices. In reference to the Creation of Offices the following general remarks or positions may be offered : — No Office for a distinct purpose should be created, unless the matter bo of such overwhelming magnitude, or so special, or so novel, as to require a separate Establishment. An Officer with a few Assistants may be necessary, but gene- rally the proper course will be to add it to an existing Department. If the matter be of the nature of Council or Advice, to a Committee of the Privy Council. If of an Executive nature, to one of the Secretaries of State, or to a Kevenue Department, &c. Whenever a new Office is established, a preponderating force should be sent to put it in order; the Estal)lishment should be greater rather than less during the first period of its existence, and afterwards when the routine is settled and the work has become facile, it should either be reduced or charged with more worlc. When Offices are distributed according to functions, such additions may be made without difficulty. Sometimes a matter may be so special or novel, as to make it proper for a while to have a special Ofiice ; but such Office should be of the same make and mould, and be so conducted, that when the occasion ceases it may be incorporated with the main Office. For this reason its procedure should follow that of the main Office. Remarks on Offices, (ke, 105 Preliminaries to Regular Operations. Before commencing the operations of a new Office, it is necessary to take a House, of a proper description, in a suit- able situation, to organize the Establishment, to prepare Re- gulations and Forms, and to train Clerks : and all the above incidents of the position, if set about as they should be in a regular manner, will constitute a suitable means of training ; but the proper course would be to draught Clerks, or at least a certain number of them, from other Establishments, and supply their places by new appointments. Every Office with which I have been acquainted has failed, to a great extent, from this cause. The Officers of the Department having the superior ad- ministration of the new or altered Office, should be charged with the superintendence of this important task ; and on the day of commencing operations, a special Report should be made of its actual state. Of course, these preliminary operations would be facili- tated by its being made the express duty of some particular Officer — of the Treasury, (say, a Surveyor-General of Offices,) who would collect all the desiderata, and with the aid of the pro]>er Departments, design and plan the operation accordingly. I know not how to speak emphatically enough on this point. In almost all the Departments M-ith which I am acquainted, there have been instances more or less striking, of the necessity of these recommendations, and even where the Legislature has provided ample time for preparation, it has been too frequently wasted, with a certain perma- nent increase of expenditure, without corresponding success. One main source of the evil is the leaving the establishment of the new Office to the new Officer, who may be very skilled in the subject matter of his Office, but little skilled in Official arraniicmeuts. 106 Remarks on Ojlccs, dec. The FoiiMATioN op an Office. Auofmcnt for a time the Estcablishment to sucli an extent as will admit of the new operations being carried on without the disturbance of the current business. This may be done by increasing the assistance required for the mechanical duties, which is less difficult, or by doubling the Ordinary Staff in those particulars where the pressure is likely to be greater, or not unfrequently by providing those functions in which the Office is deficient, or by a combination of all these. An Office seldom retrieves a bad start. It must be remem- bered, that at the commencement of its career, the principles will not have been defined by the Chiefs; the Officers will probably be untrained, and the routine will not be esta- blished. Such has hitherto been the case. By establishing regular principles of Official action, by providing for the training and examination of clerks, and by establishing a common routine much of this evil will be removed, but still it will be prudent to give an increased force at first, say only for a stated period, that there may be leisure to do everything considerately and painstakingly till practice has made the task an easy one. I believe, that in the great majority of Cases, the neglect of this ])recaution has been a capital original cause of much Official failure; and sometimes to such an extent, as to lead to the Eventual abolition of an Office, or to its new Con- struction. Reiiiarh on OJ/icci>, (Sec. 107 Extension of Offices. After an Office has mastered its routine, it will be often found capable of undertakini; new duties, not only without detriment, but with advantage. The more work, the better the discipline and workmanship. As observed under the head — Creation of Offices — this may be easily done when the Offices are modelled alike. An Office should be so paid, that while it will not receive more remuneration than its work justifies, it will have induce- ment to work its matter out, and do all other needful work that may be put to it. There are many ways of extending an Office : — by in- creasing the number of its Departments, or of its Function- aries with Separate Functions ; or by attaching to Existing Departments, or Existing Functionaries, subordinate assist- ants for the whole range of their duty, or for a])propriate divisions of duty, forming part of such range. Such exten- sions may be temporary or permanent, by means of experi- enced Clerks, borrowed from other Offices, or from a general Department, or by means of supernumerary or probationary Clerks, Avho, for the time, occupy a species of brevet rank — waiting for promotion to the next superior rank. These Special Employments should be given to Superior Persons of their Class; and so operate immediately as an Instruction to them, and also as a means of giving a move- ment in promotion, calculated to keep alive the hopefulness and zeal of others. The Tables which immediately follow, show in various wavs the matters of service involved, and the manner in'which assistance may be supplied or withdrawn, so as to meet in a due degree the requirements of the various details, according to the Occasion, without disturbing the general framework of the organization that may be adopted ; and, also, of so dividing the work amongst inferior hands, that they might at the same time assist their superiors and acquire the information and training necessary for the higher posts. 108 EcmarJiS on Ofices, dc. Examples of Extension by Assistance. Accountant. Clerk of The Journal. The Ledger. The Statistics. The Specifications. The Estimates. Director. CJerk of The Direction. The Special Aj^encies. The Administrative Committees. The Special llcfcrces. The Local Agencies. Secretary. Cierk ot The Board. The Papers. The Correspondence. The Agencies. The Intelligence. Actuary. Clerk of The Orders. The Engrossments. The Forms. The Minutes. The Digests. Registrar. Clerk of The Acts and llecords. The Library. The Indexes. The Registers. The Files. Thfasurer. Clerk of The Receipts. The Stores. Tiie Cash. The Paymentr. The Bills. Auditor. Clerk of The Grants and Fees. The Receipts. The Issues. The Vouchers. The Claims. Remembrancer. Clerk of The Time Agenda. The Personal Agenda. The Subject Agenda. The Special Agenda. The Local Agenda. Supkrintendent. Clerk of The Complaints. The Defaults. The Localities. The Inspections. The Special Surveys, Controller, Clerk of The Arrears. The Diaries. The Attendances. The Absences. The Properties. This Table will bo useful to indicate not only the means of Extension of the different Offices, but the range of practical duties included therein Remarks on Offices, &c. 109 Examples of Extension by Assistance. Administrator. Adviser. Director . . Secretary Actuary . . Registrar Treasurer . . Accountant . . •Auditor . . Remembrancer . . Superintendent . . Controller. . . ATcnt. Clerk. Book-keeper. This is the simplest and most effective means of exten- sion. It provides both for gradation of service and continuity of succession in service. Each Officer will by filling his post become fit for that which is above it, while he is imme- diately useful for the entire object, so that every member of the group is acquiring the entire range of experience, and able to assist every other member of the group. It is the arrangement I should prefer for any undertaking such, as the present. It would give every possible degree and kind of practical qualification, without displacement of or hindrance to any. 110 JRemarJcs on Officer, &c. Official Agencies. Matters. o "a < (I.) Persons, &c. [ (II,) Estates and Properties. (III.) Domestic Matters, Build- ings, &c. (IV.) Fittings, Fixtures, and Furniture. [. (V.) Clothing and Coverings. [.. (VI.) Provisions and Refresh- ments. [ ("\ II.) Stationery, Books, &c, (VIII.) Carriages, &;c. .[ (IX.) Gifts, Loans, Allowances, and Charities. [ (X.) Money, Savings, Insurances, and Investments. o < U a, I M o o Where there is much Action in detail, and there will be in the making and management of many of these matters in some parts of the Official system, it will be wise to secure efficiency by the above division and subordination of func- tions, which will afford at once the means of deserved pro- motion, and at the same time of placing Officers in positions more correspondent with their ages and qualifications. The divisions indicated by the head of the secondary columns are in fact those which take place in professional organizations, though under different designations, and somewhat different arrangements. Remarks on Offices, dc. Special Agencies. Ill Matters. (T.) Personal (II.) Estates and Properties (III.) Housing (IV.) Furniture, &c. . . (V.) Clothing (VI.) Provisions (VII.) Stationery (VIII.) Carriage and Conveyance (IX.) Gifts, Loans and Charities (X.) Money, Savings, Insurance, and Investments to a 'c '3 c .5 S The Officers who would have place in these columns are numberless ; they are all those tradesmen who supply our wants under the different heads included in the principal column, which heads are also capable of subdivision. The heads of the parallel columns indicate the divisions of prac- tical matters, which are to be regarded in our estimates and accounts, m our statistics, and in our records of administration and legislation, and judicial action. They will be found practically to exist, but not to be recog- nized with distinctness. The special means of accounting, and registering, and bookkeeping, will facilitate these practical distinctions, without embarrassing the action of a Department or Office. 112 Remarhs on Offices, dc. Local Agencies. c o u Localities. a '73 U o . 0) ex, C^ ^ ■ '3 > s o o < < fTANT AND SlATIST. (Clerks, Bookkeepers, and Agents.) Persons and Establislunent. Estates and Properties. Housing, &c. Fittings, Fixtures, Fiu-niture, and Implements. Coverings and Clothing. Provisions. Stationery. Carriage and Locomotion. Gifts, Loans, and Charities. l Savings, Insurance, Investments, &c. Mechanical Assistants. Stationer. Bookbinder. Printer. Copier. Lithographer. Subordinate Mechanical Assistants. Attendants. (and Household). Officekecper. Doorkeeper. Housekeeper. Messenger. Clerk of ( Porter. Subordinate Attendants. 198 Official Organization. THE DEPARTMENT OF DIRECTION, May be coml)ined with that of Administration, but it would be more convenient to keep them separate. The Department of Administration deals with the higher, or more general, considerations relating to the matter of things : with such as are of a more abstract character. The Depart- ment of Direction, with the more ordinary and more special considerations of an official character, relating to the execu- tion of things, with such as are of a more concrete character. Moreover, it is a type of ordinary Offices of all grades, and would be useful for the purpose of distinguishing the Ministerial from the Administrative Function. In treating of the Administrative Department, it was said that it was the Office of the Director to take charge of the Action, as contradistinguished to the Office of Administrator on the one hand, which \vas to determine the Policy. . Acting on these distinctions, for purposes of convenience if not of real distinction, all the ordinary Offices which go to compose an Office of Direction are considered seriatim. This Department might, as professional persons do, per- form the Directory part of the duties of the Administrative Body ; but for a while, at least, it is thought expedient that there should be a class of Officers to collect the rationale of each Office, and thus to facilitate the organization of all, with- out interrupting the ordinary action of business ; for there is, in truth, as much need of a Survey of Official Objects, and of the materials at hand for their solution, as there is of a Survey of Offices for the purpose of Official Organization. And these ends could scarcely be accomplished without employing for a while, a separate machinery : not that that machinery would be additional, for the rehef thereby given to all Offices would enable them generally to detach one of their number upon this service. Deimrtment of Direction. 199 Director. The Chief, Chairman, or other presiding Officer should be the Director. The duties of the Office are well known. Where there is a President, or Ciiief of a Department, who is Administrator, the Vice-President should be Director with the manageinent of the ordinary business, leaving to the President the weightier matters of policy, and attention to State and Parliamentary matters : the union of these, with Official Duties of a common kind, has occasionally pre- judiced the latter. Secretary. The Office of Secretary' is well understood. He is the Organ of the Body or Office to which he belongs. He should be ready to receive and express, orally or in writing, the wishes of the body : accessible and facile of communi- cation, and active in the discharge of his duties. It is a proverb — that he usually acquires the power of the Chief, and absorbs the energies of his Department; and, loaded with duties, discharges almost all of them perfunctorily, or with skilful evasions of difficulty. Chiefs, jealous of this usurpation, have devoted them- selves to the duties of the Secretary, and forgot their own ; and the affairs of the Department have, from the necessity of the case, fallen into arrear and difficulty. All parties incur blame, and all suffer injustice ; and the end, usually, is either the abolition of the Office, or the placing it upon a footing equally removed from its proper purpose. By requiring that the Secretary' shall do nothing without a minute, either general or special, made by the Chief, or sanctioned by him ; and that all acts shall be done by the Clerks, under the direction and superintendence of the Se- cretary, and recorded by the Registrar, the evil may be remedied to the common advantage. 200 Official Organization. Actuary. This term is not used in the modern sense, as the calcu- lating Officer of an Insurance Company ; but in the Ancient Roman sense, of the Officer Avho drew formal acts. These acts ought to be drawn by an Officer conversant with the matters of the Department, as well as with the legal require- ments of legal documcjits. The Secretary is charged with duties, if not of a more active, yet of a more miscellaneous character ; while the function of the Registrar being to control, not only the acts drawn by the Actuary, but all other acts of Office, the function of drawing the instruments is not compatible with his Office. It is useftd, and indeed important, that the duty should be performed by a distinct Officer ; because, on account of its responsible character, and requiring close attention, it is apt to be delayed till a fitting season, and ev'entually done in haste, and hurry in- consistent with its solemn character. Hence future doubts, difficulties, and litigation, and augmentation of needless and costlv business, which might have been prevented, if the 'work had been done timely, and by a person properly quali- fied for the task, and not embarrassed by other duties. Registrar. The functions of the Registrar are indicated in those of the Secretary. He should be the Recording Officer. It is not unusual to make the Registrar a mere Clerk, in which case the department loses the rich field of training for higher service, and the immediate use of the Officer as a practical Adviser. It cannot but be that an Officer who must consider all sub- jects profoundly, will be a better Adviser than a Secretary, whtise position forces him to consider them more super- ficially, or, at least, more with reference to immediate action than to general principle. The mechanical duties of the Registrar must be done by inferior clerks, but the principal duties should be done by a person of higher standing. Department of Direction. 201 Treasurer. An office too well known to need ii recapitulation of its purpose and particular uses, but in every department it should 1)6 filled by some proper person, either alone or with another office. It may, however, be observed generally, tliat every tiling turns so much upon money and money considerations, espe- cially in this country, while the energy of an office depends so entirely upon its economy, (that is, the adjustment of its measures to its means, so that it may not alternate in extravagance and parsimony, in impulsive action and timo- rous repose, but move onward steadily and progressively,) that this Officer is an essential requisite in every department. His function should be not merely to control the expense, but activelv assist in ascertaining the available means, and devising the best application of them for the effectuation of the objects of the department. He would superintend the designing, the specifying, the platniing ; the estimating, the contracting for all works of every kind, as well as the appli- cation of the moneys to the purpose. He should be Treasurer in its true and legitimate sense, the husbander of the finances as well as the controller of the application. The evil now is that the expense is incurred, engagements are entered into, and the Treasury is applied to afterwards, or being slow to apprehend the value of the work, it repels, discourages, and rejects, or determines reluctantly. Accountant. The remark made in respect of the Office of Treasurer applies to this Office also. It may be added, however, that the Accountant, from his mastery of figures, might usefully combine wiih the proper duties of his office, that of Statist. It is a Cardinal rule in Official Organization to separate Accounting,where it is required to any extent,from all,or almost all, other Functions; for it not only requires to be followed 202 Official Organization. closely and without disturbance, but it becomes sometimes and not unfrequently a justification, if not an excuse for neglecting other matters confided to the same hand, which usually, therefore, fall into arrear. Auditor. There should be an internal as well as an external Audit ; the same Auditor may, however, discharge his special duties for different Offices. The Audit should take place at the Office, and the Officers should be instructed in all the require- ments of the Audit Office. AVhen the duties of an Audit are not extensive, the same Officer may perform the same duties for different Offices ; and such an arrangement is recommended by the means which it would give him of contrasting the expenditure of one Office with that of others. There should also be Auditors for special matters ; for to be a good Auditor requires a fair knowledge of the thing as well as a knowledge of figures. It is for that reason (among others) that in the proposed Organization dis- tinct provision is made for different matters, and the union of accounts with statistics is recommended, and that such ample provision is made for service in the Official Department of the Accountant and Statist. Remembrancer. This Office is new in nature though not in name. It is proposed as a cure for some of the many evils which attend our official system. It is proposed that he should take cognizance of all things in relation to time, of all occurrences and time appointments, and that upon any matter being appointed to be done at a period however distant, or upon an event however contingent and uncertain, he should note the matter in a proper remembrancer, and that where no time or event should be named, he should assign it to some time or event, so that necessarily, in the ordinary course of things, it must recur to Department of Direction. 203 attention. Without this expedient it happens in the most active Offices that orders are given and not obeyed ; that business coming in without immediate occasion for attention is passed over and forgotten, and that the time of the Office, (which is a resource to l)e measured by the Salaries of the Estal)Uslunent, and the cost of the plant, divided by the period of business), is lost or misapplied. Such an Officer, and such duties properly performed, would be of the highest use to the Minister, who could run his eye over periodical reports, and find not only what awaited the attention of his Department, but what was likely to await his attention. The Survey will disclose the Official provisions which are already made for the performance of such duties, and it would be desirable that it should also disclose the practical modes by which those duties are carried out. Properly arranged, the Return will in this respect show all the occasions which arise, and the order, frequency and casualty of such occasions, with, of course, the varying demands for different kinds and modes of exertion. The Calendar would be his instrument of Action — such Calendar should be framed for each Office and Officer after the same model, so that by Consolidation, one Calendar might be ample for all the Calendars of an Office, and all the Calendars of Offices of the same kind might be consolidated and also framed, so that with a glance of the eye the scope of the active exertions of each Office would be indicated. It is said that the East India Company adopt or used to adopt a system of the sort by which matters to be done at a great distance of time were noted at once, and when the time came the duties of the occasion were present without much seeking. S U PKRI NTEXDENT. The duties of the Superintendent extend to the personnel of the Office, to the properties of the personnel in their official capacity. He should visit the places of business and secure the jiroper keei)ing of all things there. He would take cognizance too, of attendances, absences, vacations, and 204 Official Organization. holidays, and all that related to the discipUne of the Depart- ment apart from the actual intercourse with their immediate Chiefs. The utility of this Officer would depend on the extent of the Department, but it should be provided for, either alone or with other matters ; for one necessity of a better Organiza- tion would be better discipline ; while the Officers should be more indulgently and more judiciously cared for in regard to leaves of absence, which may be made a means of stimulating exertion and also of preventing arrears, the bane of all regu- larity. A very good Chief as to the substantial duties of his Office often performs his duty of superintendence and control most inefficiently, partly from his mind being absorbed in other parts of his duties, and partly from a distaste or disin- clination to press strictly upon others. A firm man devoted to the duty and with the proper means of executing it would be the better expedient. Controller. If the Office be not extensive this Officer maybe dispensed with, but not hastily. As the Superintendent has charge of the Establishment with regard to the presence or absence of the Officers and the care and custody of the properties assigned to their use ; the Controller should have cognizance of the acts of the Officers in relation to their performance and the payment of remuneration in respect thereof. The Con- troller should report all absences and all forfeitures in respect thereof, and without his Certificate of attendance no payment should be made by the Treasurer or Paymaster, and any pay- ment so made should be disallowed by the Auditor. Part of the means of conservation of the Office is as strict a relation as possible between payment of salary and other remuneration and performance of duty, which would do more to energize Officers than almost any other means. The report of the Controller should also be necessary to promotion. Department of Direction. 205 The Controller should be responsible for the sufficiency of the Establishment and for the general distribution of the work, and also for the adjustment of pay to work as much as possible, which would prevent the Establishment from becoming, or continuing to be, a disproportionate burden to the Public. The Administrative Committee. In an ordinary Office whose jurisdictions are not extensive this Committee may consist of the same Officers as the Staff (or of the Staff with a special Officer for any division of the duties which require special aid), but sitting periodically for the purpose of taking business in the mass by way of resume and considering special matters within the cognizance of such Committees, a mode of proceeding absolutely necessary for such a review and for the consideration of questions of a higher kind. Thus the Officers might sit (as a Board) daily, say 10 or 11 o'clock, to dispose of current business ; the Committee sitting later, say at 12 or 1 o'clock, on the special business of the dav. The arrangement is calculated so that at least the whole range of business shall come before the Board in the course of a month. But where each description of business is great in quantity, it is manifestly proper that the bulk of it should be trans- ferred to other Offices better adapted to execute it. Nevertheless reduced as the business may be, there will be still occasion for such of it as necessarily comes before the Office, to be brought regularly at stated periods before the Chiefs even if it were only to establish habits of regularity and despatch,and to take precaution that nothing should escape notice. There are some things which can be considered in no other manner than in mass by way of Audit and Review. 206 Official Organization. ESTABLISHMENT. Chief Officer and Assistants. The General object of the Office of Public Agent should be to assist the Public in their intercourse with the Office and it should be his duty whenever any person requires to search the Record, to make an Application, to make a Registration, or to obtain the Intervention of the Office, to assist him in the preparation of his document. And for this purpose he should be provided with Instruc- tions of the Requirements of the Office and with forms of different kinds, suitable to such commissions. His Remuneration should be partly by Salary for attend- ance and partly by Fees for Service. His responsibility should be ensured by requiring that he make a minute of each interview and transaction, and a bill of the charges incurred. These documents should be reported to the proper Offices for control and audit. The qualifications for this Office would be the same as those of a respectable Solicitor or Surveyor; and as his occasions correspond he will require the same class of assis- tance, constant or occasional, according to the extent of the work, viz., an Assistant Managing Clerk, a Copying Clerk, a Book-keeper, and the use, constantly or occasionally, of a Messenger, together with (of course) a Waiting Room, Work- ing Room, and Audience Room, with the usual subsidiary offices. His Establishment, his properties and other matters of outfit and official provision should be borne out of the Fees leviable in respect of the branch of service assisted by con- tributions to the extent to which the fees so leviable are not adequate to meet certain guaranteed amounts. The other Routine Officers, the Receiver and Examiner of Papers; the Clerk of the Minutes, Board and Hearings ; the Clerk of the Correspondence and Orders; and the Clerk of the Acts and Records (with perhaps the exception of the last) have their Functions described in their names. Department of Direction. 207 Tlie object of the last Officer is to distinguish all final acts from the current run of papers ; and to make Notes and Digests of important matters for the future information and guidance of the Office. His Function would be with the details of Records, while the Receiver of the Papers would keep the merely Official Register. If the business should become extensive, each might bave an Assistant ; and if more extensive, their Functions mightbe divided according to the obvious divisions which the several matters comprised in their names indicate. But in truth a very great range of business may be accomplished by such a division of force as is indicated aljove ; the power and efficiency however must depend much upon its instruction. With the aid of an Agent, responsible for the proper preparation of documents, the Receiver and Examiner ought not to be charged with a very laborious Function. It would be rather responsible than laborious, being mainly to prevent the introduction of very incomplete documents. With the aid of Forms, and the proper exercise of the duty of the Clerk of the Acts and Records, in keeping in view the exceptional, or rather extraordinary, matters that go to develop the doctrine and practice of the Office, the Clerk of the Minutes, &c-, will not have much difficulty in preparing those documents in a full and proper manner, according to the views of the Board, or in bringing out the specialties upon which tlieir decision is to be taken. But liis duties will be laborious, involving constant attendance upon his Superior Officers. The duties of Clerk of the Correspondence and Orders will, if the duties of the former Officer be properly worked, consist rather in fair draughting than in devising new matter ; but still upon him will rest some responsibility in taking care that incompleteness passed in the Minute do not occur in the Act. The main, or principal, control in that view, will be with the Clerk of the Acts and Records, whose subsidiary task of abstracting, and digesting and duly recording the matters, will make his main task easy. 208 Official Organization. The work in tliis way of several persons with different species of talent, so as to bring them into constant inter- course, has a wonderful effect in transfusing the excellence of each, and raising the intelligence of all, while the facility with which the work is gone through, makes the business less irksome, and in some cases not unpleasant, especially if it be seasoned with hope, and with expectations fairly realized. The Accountant and Statist, And his Subalterns should take notice, according to the nature of the matter, whether Account, Statistics, Trans- actions, Laws, Inventions, Books, Memorials, Records, or other Topics of Registration, of the subjects designated in this division. Their Function would be to execute the details of all matters of Recordation, in such a form as to be at once accessible upon being called for by the Minister or by any Department of Administration. It is proposed that there shall be attached to each Department an Officer or one or more Clerks under this Designation. In all cases they will have to record the parti- cularized Specialities, so far as they occur in the conduct of the business of the Department, both in regard to its Special Function and in regard to the official conduct of its business. This Officer and his Clerks would also be the Special Assistants of the Administrative Committees of the Depart- ment, for whom they would prepare the Periodical Resumes. The object and result of this Office would be to keep up the information of the Office. Most Officers content them- selves with conducting the general business, without collating its results, so as to be ready for use upon the next occasion, whicli causes it to be necessary upon every occasion to hunt up the precedent cases, and to reconsider the doctrine anew. The training in skill and intelligence, as well as the eventual saving in labour, would fully compensate for this pains-taking expedient. Remarks on Offices, dc. 129 Administration and their Subordinates. It is hoped to make this intercourse more Jictive and regular, by distrihutinir the functions in such a manner as to estahh.sh habitual communi- (vitions between the Chiefs and their Subordinates. But it would be well not to leave this to accident. It is of importance to the Chief, for he cannot know his work without knowinsr his workmen. The same advanta^jje which results to him from his Intercourse with other public persons in Parliament and in Office, would result from a regulated Intercourse with his inmiediate Subordinates. I know that from this want of communication. Ministers often lose useful service by way of suggestion, and of assistance to be had by no other means. To know that a suggestion, if worked out, would be useful, would often be a sufficient motive to its being so done. Officers, too, have a right to feel that they are not wholly dependent for the good opinion of their Chief, upon the mere representations of those who have habitual access to them. The same principle holds in some degree as to the Inter- course between Officers of different Departments. A good deal of correspondence would be rendered unnecessary if Officers met, and what is of equal importance, much vagueness and fighting shy of the point in cpiestion would be got rid of. A Common Lirrary. For all Offices, there should be a Common Library or a Department of the more General Official Library, for each Class of Officers. This would, like a College of Offices, lead to a Consolidation of Practice, which is only second to a Consolida- tion of the Law. It would give occasion for intercourse, even if the more formal and definite plan of a College should not be adopted. Hut the College is tho better expedient, on ac- count of the means which it affords of giving assistance to the Minister on large matters, without employing fresh and untried agencies at a large expense, and without subjecting the Officers, who would divide the work amongst them, to an undue, or oppressive amount of labour. In any view, however, a Library is indispensable. The 1 130 Remarks on Offices, dc. want of it is the occasion of most eerious expense, in many ways, to the Government. It would be a most facile and useful means of gradually introducing improvements at the suggestion and with the concurrence of Functionaries, and afford opportunities of circulating information of a practical kind amongst this class of persons. It is unnecessary to dwell upon this topic which has been dilated upon so much at length in one of the Letters pre- ceding these observations. Maxims and General Memoranda. It may not be improper to conclude these papers with a number of General Remarks or Maxims, which should, I think, govern us in this matter. Some of them may appear to be truisms, but it will be useful to put them on record as part of the case ; for nothing is so apt to be disregarded as what is commonly true. New truths, or new aspects of truth, get themselves thrust forward to the displacement of their elder but not less valuable fellows. Indeed, some in the following List, to all appearance the most trite and obvious, are the most neglected, and with consequences not the least serious. Combine the Theoretical with the Practical. the whole View with the Matter in Hand. the New Idea and the Old. Reflection with Action. Energy with Pinidence. the Distant with the Immediate. Reconcile all Interests. Find a Place for all Capacities. Unite Competition with Co-operation. individual Energy with collective Completeness. Remarks on Offices, 8fc. 131 Shut the Doov upon no Suppestion. Consider all, and Stand by tliat which is Good. Assign to every Function a Functionary. Separate the energetic in Action from the Recording and the Con- trolling. Provide for the intimate Connection of the Intellectual with the Mechanical of all Functions. Anange that Matters be done in such rapid Succession as almost to produce continuous Action. Unite in the same Functionary the Functions in respect of which the same motive (remuneration or other) is applicable. In Consolidating Offices, discharge None, and promote, if possible, All. No little War— no little Office. Let every Office be fully Manned, and adequate to all its Exigencies. Take each Matter in its Turn. Finish one Matter before beginning Another. Appoint a Time for every Thing. Take everything at its Time. Make Sure as you Proceed. Reject at once what cannot eventuate Successfully, Take into View the whole range of Objects. Be Simple, Comprehensive, and Complete. Never proceed without a Design. Set out the Work before Starting. Refer the Dispute as soon as it Arises. Never adjudicate till the Case has been Stated and Tried. Dispose promptly and conclusively of internal Disputes. Be careful in making Engagements. Be exact in their Fulfilment. i2 132 Remarks on Offices, &c. Employ the Young to Inquire. the Middle-aged to Do. the Old to Caution. Provide for everything. Do nothing twice over. Old Maxims. He hath made good progress in business that hath thought well of it beforehand. Prudent pauses forward business. Deliberating is not delaying. Counsel is no command. 8ome of the Principal Problems to he Solved in a proper Official Organization are the following : — How to bring the Ministers as a body to the same Point of View. How to bring the Public to the same Point of View. How to bring Parliament to the same Point of View. How to bring the Masters of the Policy and the Masters of the Work to the same Understanding and Action. How to make the Minister Master of the Situation. How to enable Colleagues to act in Alliance with and in Support of the Minister. How to enable all parts of an Establishment to act together for the Common End without delay. How to remove the Hindiances indicated in a former page. How to provide for tiie despatcli of Business without hindrance by Political Changes. OFFICIAL OBJECTS. 135 OFFICIAL OBJECTS AND Memoranda of Matters under Consideration. The extensive need of Official Organization, and of Official Administration, suggested these papers. To illustrate this topic, a General Outline, or Classified List, of all the topics which (in any degree) engage the attention of Public Men, ought to be made. The List should not be confined to Measures ; but should include all those topics which are of a Public Nature, and within the Scope of the Government ; or rather which the Minister may be called upon to consider, either for the purpose of negativing or proposing. It would be found, that scarcely any Topic could be excluded from consideration. The Lord Chancellor, in his capacity of Representative of The Sovereign, who is Parens Pah'ke, has to think of all those Domestic Matters which affect the Care, Custody, Education, and Maintenance of Infants in the Wardship of Chancery. The Secretary of State, or his Colleagues, or Assistant Officers, the Heads of the Poor-Law Department, the Lunacy Commissioners, the Directors and Inspectors of Prisons, must take note of the Lodging, Food, Clothing, Provisions, and other such matters connected with the Objects of their Care, the Paupers, the Lunatics, and the Prisoners. Again, the Department of Works and Buildings has cognizance of all matters of Building, whether affecting the Structure, the Materials, Inventions connected therewith, and with the Housinc: of all 136 Official Ohjects. Departments of State. The Woods and Forests, and the Duchy of Cornwall, and the Duchy of Lancaster, with the Management of Landed and House Property. The Ad- miralty with Docks, Piers, Harbours, and the Building of Ships; and again with the Lodging, Food, Clothing, and Provisioning of Sailors The Post Office must regard all means of Carriage and Locomotion, whether by Railways or Common Carriage. The Treasur}^, through the Stationery Office, has cognizance of Books, Printing, Engraving, Maps, Charts, and large or small Stationery ; so that, in all pro- bability, there is no question which can possibly affect any Lidividual in his private capacity, which the Government has not to regard for some Public Purpose- Thus it will happen, that almost every Topic should have place in the List, that the Minister (according to his De- partment) may be able, like any other Individual, to inform, or remind himself of it, as occasion may require. To simplify the matter, then, to him, the subject should be mentioned in its proper place in the List, that he may readily refer to all matters with which he has concern ; and at the same time regard them in their respective relations to matters, whether of the same, or of a higher or lower degree; and so insensibly in learning about it, learn also much of other things with which it is connected. It is thus, indeed, that most of our learning comes in common life ; we see and do not observe ; and yet, some- while after, at the end of a long period of years, we find that unobservant sight has left impressions upon our minds, which, with similar impressions, has given us a stock of knowledge, that, if we had sought for it, would never have come so well as that knowledge casually picked up, or rather which has attached itself to us in passing. It is this effect which it is desired to obtain, by a judi- cious system of Recordation, to which all may have recourse, in their career. What is now casually acquired by each, will not suffice : the knowledge of each will not be the knowledge of all. The object, therefore, is by compiling one Great Chart, or Code of Topics, to bring home to all, the matters which are Official Objects. 137 afloat, and by placing them in correlation to show their connection, and their subordination to the same General Principles. The Book-keeper and Filer of the Papers may then register in his Record, or place in his Depositaries, arranged according to the same method, the materials which the Clerk of the Intelligence is perpetually transmitting to him ; and the result will be, when the Minister needs his Tale, that all the Materials may be placed before him, Scheduled, Noted, Indexed, and, may be, Compiled. Such a method is as needful and useful as Books are. Such materials are the materials of which Books are made; and, without some such system, with appropriate files, and with appropriate Depositaries, the work cannot be done. If, years ago, the Consolidation of the Law had been proceeded with in this coarse manner, the work would have been well nigh done. These coarse methods may not have the dignity of au- thorship — but they have the dignity of plain usefulness, and are authorship of a rougher kind — the raw material. Such a List, well prepared, would teach the People poli- tical patience — how to make their own wishes proceed, by making way for those wishes upon which the majority, or the most influential, were agreed. The following List is the merest outline of the sort of thing. If it were filled out, it would exhibit very portly dimensions, and be of the same use in Politics, as Johnson's Dictionary has been in our Literature. But the direct Object is, by showing the Objects of Care, to show also the needful Agents of Care, and the needful methods of working those Agents. The Department of Inquiry might, as a foundation of its own proceedings, and of a System of Official and of Legal Review, of the existing state of things, and of claims for New Administration or Legislation, supply all the matters which are wanting. The Parliamentary and other Indexes would supply the materials without much difficulty. These Tables are not arranged in conformity with any 138 Official Objects. views, to the exclusion of any other view, or set of views ; but as a Chart or Plan, in which may be inserted the re- spective views of all parties in the most convenient manner. For the reason stated in the Introductory Letter, these Tables are not, at present, inserted. They would comprise, under the appropriate heads, every topic that claims the attention of The Minister, and, completed by a merely sys- tematic collocation of heads, would indicate the entire range of Administration and of Law, the utility of which will be incidentally explained in succeeding pages. Official Objects. 139 CLASSIFICATION OF OFFICIAL OBJECTS. OBJECTS OF CARE. The State, and all the Affairs of the Persons and Associations of Persons which com- pose it, so far as those Affairs are fit objects of Public Care. AGENTS OF CARE. The Minister, and theOpFiciAL Departments with their Subordinate Offices. 140 Official Objects. OBJECTS OF CARE. General Administration. Imperial Administration. General Objects. The Public Peace. The Public Safety. The Public Worship. The Public Health. The Public Instruction, The Public Amusements. &c. &c. &c. Special Objects. Persons and Establishments. Estates and Properties. Buildings and Works. Furniture and Implements. Clothing and Covering. Provisions, Food, Fuel, &c. Locomotion and Carriage. Stationery, Books, &c. Gifts, Loans, and Charities. Savings, Investments, Insurance, &c OfficldJ Ohjed^. 141 OBJECTS OF CARE. General Administration. National Administration. General Objects. [^Repeat in separate Tables as in Imperial Adminis- tration, for England. Ireland. Scotland. Colonies.] Special Objects. [Repeat in separate Tables as in Imperial Adminis- tration, for England. Ireland. Scotland. Colonies.] 142 Official Objects, OBJECTS OF CARE. Special Administration. [War*] Administration. General Objects.f Sjyecial Objects. Repeat in separate Tables as in Imperial Admin- istration. • * Insert each Special kind of Administration (such as Education, Works, &c.) to which a Special Official Machinery is assigned ; making, as in accounts, the actual transactions, the occasions for Entries under the respective heads. t Wliatever these Objects may be, according to the nature of the subject Ofickd Objects. 143 OBJECTS OF CARE. Local Administration. [County] Administration. General Objects. [llcpeat in separate Tables as in Imperial Adminis- tration, for Cities. Towns. Parishes. Districts. Metropolis.] Special Objects. [Repeat in separate Tables as in Imperial Adminis- tration, for Cities. Towns. Parishes. Districts, Metropolis.] Department of Direction. 209 Supernumeraries. Provision should be made by a corps of reserve for im- portant accessions of business ; besides which, there sliould be one or more Supernumeraries in every Office to take tlic place of the absent, to do business of a pressing kind, which requires to be taken out of the routine, and to do business of a kind which does not fall within the routine. The mode of remuneration would prevent this expedient operating as an injustice to the existing members of the establishment, or as a burden upon the Public, while it would afford means for preventing arrears, and also of preparing and executing im- provements which cannot be easily introduced without special aid: partly employed in the preparation, or acting for the re- gular force while it is being trained to do the new duty. It is said that owing to the want of such a force, improvements cannot be introduced in Railways, and it is certain that it is so in many Civil Departments. The Supernumeraries should be held to l)elong to the depot, or Model Office, and might be with- drawn, or retained, according to the nature of the mission. They should be trained hands, waiting to be put on an Establishment on the occasion of a vacancy ; and, therefore, instructed properly to render the needful assistance with efficient energy. Special Mechanical Services. Stationer. Lithographer. Printer. Engraver. Bookbinder. It is necessary that a small corps of such services, skilled in their respective works should be employed in immediate connexion with the Office, that they may learn the nature of the work and the best methods of rendering their services promptly, efficiently, and economically. From the ignorance of the nature of the mechanical art on the part of the employer, and from the ignorance of the intellectual object on the part of the employed, there results a largely disproportionate expenditure of money, of time, o 210 Official Organization. and of the skill of the employer and employed, in so much that for many purposes to which such aids are necessary, they are not employed, while the money now expended on such services would probably be adequate to the performance not only of what is now done, but of all which is requisite to be done. We require a bridge of communication between the intel- lectual and the mechanical workman, and from long observa- tion it appears to me that this would be met by the employ- ment of the following serviceable functionaries, whose duty it would be to make themselves famiUar with the objects, the occasions, the means and adaptations of every description of work, to a degree sufficient to interpret the wishes of the employer, and the means of the employed, in particular services. I mean the Designer, the Planner, Specifier, Estimator, Contractor, Maker, Maintainer, Cleaner, Keeper, and User ; whose Objects, Qualifications, and Duties are mentioned under the head of Special Services. Stationer. In an Office of considerable range, the duties of the Stationer would be considerable. They would be 1. To keep a full supply of all necessary Stationery. 2. To keep a full supply of all Forms, properly arranged and accessible. 3. To be in attendance at the Office of Stationery to deliver it out. 4. To enter the receipt and issue of Stationery, in Day- book. 5. To enter the requisition of Stationery and issue in Ledger and Pass-book. G. To keep all accounts of Stationery in all its branches. 7. (To superintend the mechanical keeping of the Library, of the Printing, Bookl)inding, Lithography, and Copying Offices, and Worksliops.) 8. To perform all transactions usually performed by a Department of Direction. 211 "Stationer, Bookseller, Publisher, Printer, and Bo()k])inrler," wliere those duties are mixed. 9. To prepare all Specifieations of Work for these Special Services. 10. To perform all the transactions usually performed by Her Majesty's Stationery Office. Upon his constant and punctual attendance, and upon his careful discharge of his Duties respecting Forms and other such facilities much practical convenience would depend. Where the business of an Office is action, a large per centage of ex- pense and labour might be saved by the use of this Officer. Printer. All large Departments require the aid of an accomplished Printer ; and for that purpose the office of Queen's Printer, oi other Printers in the employment of the Government, should be organized so as to be more available for Administrative purposes. By training the entire corps, and giving small detachments to the Offices, printing might, in many cases, be introduced with much advantage. All formal documents such as are used in Chancery, should be printed under appropriate control. In Law making, and Report making, it is essentially necessary to have good Printers, trained to exhibit the sub- jects properly by appropriate type, that the Minister may read them without difficulty. All the effijct of a precis may be obtained by printing one set of things in one type and another subordinate set of things in different type ; and in all cases printing tends to m^ke the composition more clear and definite, and the writer more exact. The Printer should be conversant witii the required methods, which he could exhibit for the guidance of the Reporter. From the want of some bridge of communication between the Author and Printer, nnich of the value of the art of the latter is lost, and the work is more costly than it would otherwise l)e. A very considerable amount of expense would be saved () 2 212 Official (Jiyanization. by having a Printer to work in conjunction with the Office and other mechanical assistants. Plis duties would be 1. To print all Documents and Registers, and other matters proper to be printed. 2. To set out the work for Printers (in the same manner as the Copier) and generally to perform the same duties. 3. To distinguish the matters by different type, and by different methods of printing available for the purpose. 4. To keep the Printer's account. 5. To act in concert with the Stationer, Copier, Book- binder and Lithographer. Bookbinder. In all Offices of Record (and every Office is to a certain extent an Office of Record) a person having some skill in Bookbinding and in the subsidiary arts of that trade, is indis- pensable. The indirect effect of his assistance is not appre- ciable except to the observant ; but it may be said in brief, that it would have the same efl'ect in the depositing an custody of papers, as Printing has upon composition. It would assist order, economise space, and facilitate the depo- siting of, and access to, the papers and records; and by being executed with punctuality at certain intervals of time would assist in superintendence and control. In detail the duties of the Bookbinder would be 1. To bind all Books and Papers according to the methods appropriate to the class of Books and Papers, and to the stage of use, &c. in which such Papers may be. 2. To perform all services of detail which are involved in Bookbinding itself, or which are usually performed by Book- binders. 3. To distinguish by appropriate labelling on the parcels and other available means, the Department to which the books, &c. belong, and the subjects of those books, &c. 4. To keep all the usual accounts of transactions by him such as are kept by the Stationer, Copier, &c. 5. To instruct the Officers and Clerks, &c. in the details of his work and the grounds thereof. Department oj Direction. 212 Engraver. To draw on stone or zinc, or other appropriate mate- rial, all illustrations by drawing or painting, that admit of, or require, such treatment. In Legislation, illustration might be made much more available than it is. By Engraving on wood matters of form which are of constant recurrence the cost of Printing mig;ht be reduced. On the whole. Engraving may be made in vari- ous ways an useful auxiliary both to Printing and, to Book- binding, and would answer many of the purposes whicli they are calculated to accomplish. Copier. Much value may be ascribed to the Copier, and to Copy- ing. The duties are very useful in training for higher tasks, if set about properly. But more pains should be taken with it as an art, both for the sake of the Service and for the sake of the Copier. Much of the impracticaljility of Copiers arises from their merely mechanical exertions, and from the want of proper direction and method. To make tlie Office more useful and more economical, the duties should be analysed and followed thus — 1. To receive the work and note the receipt (day and hour.) 2. To peruse and make it legible. 3. To set it out for the Writers, by ruling in pencil the space to be filled with writing. 4. To allot it to the Writers (where it admits of it) as (1) Text to one (2) Schedules to another. 5. To solve their doubts. 6. To examine it when copied. 7. To check the quantities. 8. To return it to employer and note the return (day and hour.) 9. To enter it in Ledger and Dav Book. 10, To enter it in Pass Book. 214 Official Organization. The Household. The Ofl&cekeeper. The Doorkeeper. The Housekeeper. The Messenger. The Porter. There are a variety of Domestic Services to be performed in every Office corresponding with the similar Services of an Ordinary Domestic Establishment, which are usually per- formed in Offices by persons under the above, or similar, designations, besides which there are sundry occasions in different kinds of Offices, for Mechanical Services which in many cases they could, conveniently, perform and which it is important that they should be able to perform. Tlie Officekeeper should be a superior person, accustomed to attend upon others, and to command inferiors. The Housekeeper should be qualified to manage the kitchen and refreshment arrangements, which would be an express part of his or her Duty. In an Office of magnitude, and where the business is very active, there should be an Attendant on each floor, but so placed that he can communicate by some means with the Attendants on the other floors and the Porter at the door ; a condition that might simply be fulfilled by letting the Attendant's room be a room over the entrance. In an active Office the keeping the rooms in order and performing sundry minor Services calculated to relieve the Clerks, would constitute, perhaps, sufficient employment. But in some cases where the transactions would permit, they should be able to perform some handicraft calculated to assist the operation of the Office. We must not underrate the Services of such persons : well appointed, they may be turned to the best account, and assist in multiplying the energies of others who are not qualified for physical or active bodily exertion. In some Offices the Officekeeper should be a person of intelligence, and able to fulfil duties of somewhat higher nature than those which are usually assigned to that Officer. Department of Direction. 215 He should be able to keep the Waiting Room and arrange therein, Matters or Papers for Public Intelligence, and know the distribution of business so well as to l^e al)le to direct the Applicant to the Division of the Office, where his inquiries might be best considered. It would be useful to have some scheme of promotion among them dependent upon the recommendation of their immediate Chiefs. Attendant or Doorkeeper. (Domestic.) It is expedient that the Attendant on each floor should be a Pupil Clerk, or Writer, if not a handicrafts man. It might be his Duty 1. To attend the persons occupying rooms on the same floor. 2. To keep the rooms in order. 3. To keep the properties in these rooms, and to be responsible for them. 4. To perform minor Mechanical Services (in aid of persons occupying rooms.) 5. To copy papers and letters. 6. To keep the Remembrancer of the rooms attended by him. DEPARTMENT OF INQUIRY. 218 Official Organization. Department or Committee of Inquiry. THE BODY. Head. President. (Lord President.) Vice-President. (Lord Privy Seal.) Members. All who are of the Cabinet. All Ministers, Members of the Privy Council. Together with the respective Members of all other Com- mitees of Privy Council, who take cognizance of the peculiar functions of this Committee. Special Members, (or Principal Inquiring Referees.) Special Officers having cognizance of some Principal Department of Affairs, or of knowledge or skill within the scope of this Committee. Staff. Director. Secretary. Actuary. Registrar. Treasurer. Accountant. Auditor. Remembrancer. Superintendent. Controller. Assistant Staff Officers. Administrative Committee. (Referees or Commissioners.) Of Administration. Of Direction. Of Inquiry. Of Special Matters. Of Legislation. Of Local Matters. Of Judicial Matters. Of Superintendence and Control. Of Finance. Of Registration, Record, and Pub- lication. Inquiring Referees. Persons, attached or unattached, who have cognizance of some special branch of knowledge or skill. Department of Inquiry. THE ESTABLISHMENT. 219 Uhief Officer. (Clerks and Agents.) Agents, Public and Official. Receiver and Examiner of Papers and Fees. Clerk of Minutes and Board. Clerk of Orders and Correspondence. Clerk of Acts and Records. Special Inquiring Officer. (Clerks or Agents.) ' Inquiries. Surveys. Investigations. Reports. Instructions. Intelligence. Observations. Interrogations, the Library, the Expositions. Assistant Officers. Shorthand Writer. Transcriber. Accountant and Statist. (Clerks, Book-keepers, and Accountants.) / Persons and Establishment. Estates and Properties. Housing, &.C. Fittings, Fixtures, Furniture and Implements. Clerk of ( Clerk of ( Coverings and Clothing. Provisions. Stationery. Carriage and Locomotion. Gifts, Loans, and Charities. \ Savings, Insurance, Investments, &c. Mechanical Assistants. Stationer. Bookbinder. Printer. Copier. Lithographer. Subordinate Mechanical Assistants. Attendants. (and Household.) Officekecpcr. Doorkeeper. Housekeeper. Messenger. Porter. Subordinate Attendants. 220 Official Organization. DEPARTMENT OF INQUIRY. A Committee of Information and Inquiry ought to con- stitute a Special Branch of the Privy Council, to make In- quiries into matters within the scope of the prerogative, in aid of the Executive Departments ; and also such Inquiries as either House of Parliament may have requested, by address to the Crown. That Inquiry sliould precede important Acts of Admin- istration and Legislation, is now an admitted principle. The principle should be carried out constitutionally, by proper and adequate means, conducted in such a manner as to preclude the imputations which have been cast upon Commissions, and upon the motives for tlieir appointment. Inquiries might, in all cases of Legislation, be made to the extent of ascertaining what has already been done ; and if the procedure were systematically ordered, might produce a definite result, almost within a pre-appointed period. It must be confessed, that many Inquiries have been carried on in a very imperfect and costly manner ; because, they were conducted by persons, not perhaps incompetent, but unused to the task, without design and without method. To obviate this, there should always be a Preliminary Report or Statement, giving the position of the matter, and some account of tlie points of controversy to which the Inquiry is to extend. The Committee of Inquiry, or the Official Inquirer, may be made available for the investigation of many projects (worthy and unworthy) which press on the attention of the Minister. He has not time to go into the matter, — his Officers have not the time ; — but the subject is worthy of consideration, or pertinaciously demands, and ought, to be well worked out, and disposed of, even if it were only that he might apply himself to other things. De2)Cirtitient of Inqulnj. 221 On the other hand, if the sii1)ject l)e nut properly backed, the Government should not be at the charge of the Inquiry, till by the result, the value of the object of Inquiry be satis- factorily shown. Let the Inquiry be made, but at the expense of the Applicant, and in the appointed manner ; and let the Country pay only in the event of its adopting the suggestion, and in anticipation of that result, let the most scrupulous care be employed by the State in watching the progress of the Inquiry. In this case, as in others, Officers, whose pursuits are not overwhelming, might be Agents of Inquiry ; but it should be a rule protective at once of the Object, and of the Applicant, and of the Public, that the methods should be regular and exhaustive of the subject, and adapted to it. The Inquirer should not be at liberty to be loose, and easy, and careless, and fanciful of methods ; which has, on other occasions, caused Inquiries for good objects to fail of their purpose, and to give rise to expense, sometimes unnecessary in itself, oftener in its amount. The practice of making such Inquiries, (where not un- advisable in public) would much facilitate the development of public opinion, and the progress of action, in all those matters upon which the agreement has become general. A subject like the present, subjected to an Inquiry, con- ducted in a legitimate manner, would at once vindicate itself and conciliate pul)lic opinion, and the support of Officials themselves ; but everything dcjiends upon the ordering of the course of Inquiry, that prejudices may not be excited before the object is developed, and judgment come to before the case is stated and the facts are proved. I have found persons the most opposed in natural character, in their antecedents, and in their interests, cordially acquiesce in conclusions which have been led to by facts properly marshalled, and justifying such conclusions. If a judicious method be adopted, and unflinchingly adhered to, the Inquiry would be economical, since the Applicant would be careful in his statement, and not dis- posed to press facts that could not be sustained, because he would know that such doings would be useless. 222 Oficial Organization. For the reason just adverted to, it would l)e poor economy to stint the Organization of an Office for Inquiry; the efficiency of the instrument being the best means of restrict- ing the range, and reducing the cost of Inquiry. To prevent such a Committee assuming an invidious character, it sliould not go into questions of a personal nature, but simply into those of a pviblic nature— into those questions of a general or abstract character, which, from having little concern with persons, or with matters of momentary interest, (though important in their influence on affairs) are not gone into at all. Clerk of the Inquiries Would be the Chief Officer for conducting this class of Official Operation. He should be a master of what has been done before in the same direction, and of the methods to be pursued, the nature of which has been indicated in the fore- going remarks. Clerk of the Surveys Would take cognizance of Inquiries in their local relation; and afford the same sort of assistance as that which is usually given by Surveyors and Engineers. Clerk of the Investigations. The Inquirer would prosecute his Inquiries as to mat- ters more or less patent, at all events without canvassing doubtful or difficult points. His duty would be to ascertain what is alleged, or appears. Deeper investigation should be traced in a different manner, as if with a view to present the result to a judicial tribunal, and so that it might (if it were thought fit), be so presented, there to undergo the trying processes by which judicial conclusions are arrived at. Gen- Department of Inquirj/. 223 orally speaking such iuvcstig.'itions .slunild Ijo conducted by Referees skilled in the matter, and the Clerk of the Investiga- tions would he employed in assisting the actual Investigator, and eventually in preserving the results and bringing them properly before the Officers for whose use they were intended. This point of investigation is not to be treated lightly ; for it is wonderful and lamentable how much depends upon it, and how little the point is understood. Many persons cmploved as Referees satisfy themselves with a degree of Inquiry which is not calculated to enable them to justify (if called upon) their conclusion, by a statement of grounds and reasons. Clerk of the Repokts. Many Inquiries have miscarried through the voluminous- ness and immethodicalness of the Reports. They have wan- dered over too wide a field, and resulted in confusion rather than clearness. Men charged with Current Affairs would not read them, and their contents were not of ready reference for the occasion. I have known several prepared for legislation which have not been read bv tlie draftsman. Hence he has done one thing where Public Opinion required another. The Reports should be exhaustive, but so framed that all may trace their contents, and find the material which they require. It would be well if Reports were always twofold ; one the Preliminary Report, giving the state of information at the com- mencement of the Inquiry ; the other the complete Report bringing up the information to the present time; and also, where the details were extremely copious, by an additional complemental Report, supplying Schedules, Tables, Appen- dixes, and such like matters, of an illustrative or detailed nature ; and lastly, where a complete Report had been so recently made as to render cither a preliminary, or a com- pleted Report unnecessary, a supplemental Report, supplying the later information. An Officer, charged witli the cognizance of Reports, would prove an excellent subsidiary Adviser as to states of information, and check the pruriency of Special Inquirers. 224 Offickd Organization, Clerk of the Instructions. Every Clerk and Officer should start in the Department of Inquiry ; learning makes a necessary preliminary to all action. It would bring them acquainted with the present and past Ob- jects, Occasions, and Means, the adaptations and every other question in every Department of Administration ; but to make anybody of use for anything, he should be trained in some degree, a principle now well recognized. This Officer should be intrusted with that duty, and acquainted with all the means of reaching every order of mind and person, for each presents its hindrances to the reception of knowledge, and to the obedience of the idiosyncracy of the individual to the object of an institution. I should be very much inclined to treat these grown up children like the little ones, and afford the same patient attention with reference to the same ends, and with facilities nearly as simple. But this is a matter which need not be dwelt upon. The proposed Survey would disclose all the appliances already in use. It may, however, be mentioned, that great attention is paid in some Offices to the handwriting of the Clerks, with obvious advantage. This is a point which has been con- sidered of late, and needs fuller consideration, with a view to real economy, in reference to the habits of the Officer throughout his career, and to his facility in completing his work without the assistance of others. Clerk of the Intelligence. An Officer would be usefully employed in reading the Public Prints and Works, and Extracting the Matters which concern different Offices. The subject has been elsewhere discussed. Upon the principle adopted in these suggestions, of allotting every important function to a distinct func- tionary, I would allot this duty to some such Officer as above, under that, or any other convenient designation, and I think his place may not improperly be found in the Depart- ment of Information and Inquiry. DcpartiutnL of Iikj^uuij. 22;3 A class of proljationary Clerks might usefully be assigned to assist liini in the task ; and probably it might not be Inexpedient that other Offices should send their quota of information, as it presents itself to tliem in the course of their business. If the information which is found in the Public Prints were properly collected, there would be little need of formal Reports. The mass of facts that would be accumulated by the daily collection, would furnish such an abundance of material, that little would remain to be done beyond com- piling the material, and in many cases filing it. Besides the task of keeping the accounts, this task of filing and deposit- ing, suitably, the Information received from the Clerk of the Intelligence, would devolve on the Clerks acting under the Accountant and Statist; and the Collections so made would be brought,notonly before the Staff as Current Business, but before the Administrative Committees at their periodical itting in the more convenient form of a resume. Clerk of the Observations. Too little care is taken in Observing the operation of our Institutions, especially in those forms of proceeding which Avould involve no intrusive prying, even into such Institutions as the Public may be considered to be entitled to regard as their own. Suits in the Court of Chancery, proceedings in the Bank- ruptcy and Insolvency Courts, in the Courts of Nisi Prius, and in the Criminal Courts, disclose remarkable instances of the working of our Laws and Institutions of which no account is kept. This Officer should be charged with this Duty in aid of the Government, or of his Department or Office. If such Observations were collected and published in a connected form, the Public mind would be prepared for the action which the Government might think proper to make, while the (Jovcrnmcnt would have the opportunity of meet- ing the Public views on matters which were ripe for settle- ment, and placed at liberty to postpone such as were of a p 226 Official Organization. more disputable character, which, it would be impolitic to entertain. The task is one which would require the services of a Superior Officer ; for much would depend upon his sagacity, as well as upon his activity. He would, however, be much assisted by the observations of the Press, which would be collected by the aid of the Clerk of the Intelligence. Clerk of the Interrogations. Tlie main Object of Interrogation is to develop the subject, and induce thorough consideration by ensuring careful statement on the part of the Avriter, and careful perusal on the part of the reader, or of the person for whose use the work is intended. The occasions for it are almost as frequent as writing or speaking. The full-minded person is apt to treat of a subject as if his readers understood it as well as himself, while the interested take advantage of the imperfections of his state- ment to excite a successful opposition, which would not have existed but for the opportunity of misrepresentation which that statement occasioned. It would be of great service, generally, in Inquiries and in projects submitted for consideration, if instead of objecting to what does not appear clear, the matter were made the subject of systematic Interrogation, calculated to elicit exj^la- nation and to develop the plan, which the author, from the fullness of his knowledge, or the ripeness of his conclusions, finds difficulty in bringing out without overlaying the sub- ject, or without anticipating difficulties and objections that may never occur, either on account of the knowledge of the persons addressed, or on account of the sufficient suggestive- ness of his original statement. The matter may be there, or contemplated, but not brought to the surface, because it is not yet wanted. In like manner the Objector should be Interrogated as to the particular grounds and reasons of his Objection, and the better means by which he would meet the 01)ject. Department of TDrjuinj. 227 The conduct of Committees and Commissioners of Inquiry would also prom))t a suggestion. The Witness should first submit his connected statement carefully prepared by him ; but he should subsequently be submitted to Interrogation. Justice Avould thereby be done to the Witness, to the Inquirer, and to the Object. The methods of Interrogation used in Chancery and in the Ecclesiastical Courts, and some of the Commissions of Inquiry which have preceded their Inquiries by the circula- tion of Queries, afford examples of the methods which, with more or less modification, might be applied. It would be of National importance to collect these, if it were only to enable persons making statements to submit their own statements to their own critical Interrogation before they were issued. Clerk of the LiiiUAiiy. On all subjects that come for solution, literature has provided a great mass of materials, probably sufficient to solve the questions that embarrass, or at all events to supply ample materials for a preliminary Inquiry, and to furnish means to set the minds of our publicists of all kinds on the considerations to be regarded, in the discussions by which the Public Mind needs to be informed, preparatorily to the action of the Statesman. No Office, therefore, should be without its Library ; but a Library is practically useless without a Librarian — not a mere depositor of books, but a master of the contents. His service should be in request whenever a Report is required ; but to necessitate intelligence and activity on his part, and to enable others to use him, and to know how to use him, he should adopt a method in the care of his Library, especially in the keeping of his Catalogue ; and his Reports should follow the same method, for the sake of brinfiins: out those considerations that are necessary to enable the Minister, or principal Inquirer to avail himself of the results in the directest manner. The arrangements would be thus — Chronological, His- p 2 228 Official Orijanaatloa. torical, Statistical, Doctrinal, Logical, Biographical, Geogra- phical, Etymological, Polemical, Miscellaneous. The indis- ])cnsable utilities of each of these heads, in contributing to the result might be shown by practical illustrations under each ; but it is not necessary to give them on the present occasion ; and it would not be difficult to do so hereafter, if it should become necessary in giving instructions for the conduct of this most useful and indispensable branch of our Civil Business. I have known important situations so mis- managed from the want of appropriate knowledge, that I might be tempted to be too earnest and emphatic if I pursued the subject farther. However, I should say something in favour of distin- guishing methods of Binding, and of the accessories of Bind- ing, as Labelling, &c. These ought to be so managed as, if possible, to address the eye, and certainly to assist in the placing of the books in their places, and keeping them in their places, by means of less-informed persons, and even of unlettered servants. It is, too, a good check upon the abstraction of books, for where a Ijook has its place, its absence from that place calls attention to the fact, and induces observation, and, if need be, inquiry. The Assistant to the Librarian might be a working Book- binder, and used to the care and preservation of books, according to the nature of those things. If all Liljrarians formed a College of Librarians, it would not be difficult to form a Catalogue of all known works relating to their respective subjects, each Librarian being obliged to furnisli his quota, being that part which concerned his own matters. The Inquiring, or Recording Referees, else- where mentioned^ might assist most effectually. DejMrtment of Inqu'iry. 22.9 Clerk of the Exi'ositions. It would be well that all tlie materials collected upon any pending Inquiry should be brouglit out and exposed, as in an Exhibition or Library; so that it may, as far as possible be seen synoptically. Lists, Chronological and other Tallies, Maps, and Matters of that sort being exhi])ited on the walls; the Books, Models, and other illustrative materials being put on Stands or Tables; and all being duly explained in a Catalogue Raisonnee. This is the best method of bringing to the mind all the complicated matters. The Relations of these matters — the special Grounds and Reasons must be dwelt upon in the study. The advantage of this mode of dealing witli the subject would be that others could see the same things in the same way, and talking about them in an easy, conversational manner, would interchange sentiments easily and naturally, and probably hasten many matters twenty years. Men of discernment, and earnest to succeed, will not disdain these simple methods ; one merit of which is, that they may be made serviceable to secure the consideration of those who will not read. Besides, the man of thought will find this a method of relaxation. It will change the mode of mental labour, and enable him to return to abstruser studies, without the sense of having lost time. In this service the Printer may be of essential aid, by Printing distinguishingly the matter, and by Printing, in a tabular manner, whatever is susceptible of that mode of treatment. If common methods be adopted for all things of a like nature, comparisons may be instituted, and the points of agreement and of difference seen at a glance. Almost any subject, such for example as this subject and the Consohdation of the Law, might, by such expedients, be made familiar to every capacity ; and that in a space of time scarcely credible ; at all events, the broad outlines and the scope of the matter might be thus displayed. It is often forgotten that Books are but Tables bound up 230 Official Organization. and it is much to be feared that the so binding them has often led to a diffuseness from which we should escape if we were to exhibit the matter synoptically, l^y means of Tables and similar expedients. However, apart from this, the bringing papers together in a room, so as to be of ready access in the private abode, or office of the Minister, when the question is one of elaborate detail, with which he is not familiar, is a facility that should not be lightly regarded. It is a form of proceeding well suited to our irregular habits of acquiring information ; and, at the same time, by accustoming us to view, comprehensively, large and complicated questions, is calculated to obviate in some degree the chance medley effect of those habits. DEPARTMENT OF LAW AND LEGISLATION. 232 Official Organization. Department or Committee of Law and Legislation. THE BODY. Head. President. Vice-President. Members. All Privy Councillors who arc JMembcrs of either House of Parliament, or Lawyers. All Privy Councillors who have been Members of either House of Parliament, or Lawyers. Together with the respective Members of all other Committees of Privy Council, who take cognizance of the peculiar functions of this Committee. Special Members. (or Principal Legislative Referees.) Special Officers having cognizance of some Principal Department of Affairs, or of knowledge or skill within the scope of this Committee. Staff. Secretary. Treasurer. Remembrancer. Director. Actuary. Accountant. Superintendent. Registrar. Auditor. Controller. Assistant Staff Officers. (.Jurist. Tribunalist. ^ Pleader. Cursitor, Formulist. Collector and Enumerator. Receiver and Arranger. Stater and Compikn*. Examiner and Objector. Trier and Recorder. Administrative Committees. (Referees or Commissioners.) Of Administration. Of Inquiry. Of Legislation. Of .Judicial Matters. Of Finance. Of Direction. Of Special Matters. Of Local Matters. Of Superintendence. Of Control. Legislative Referees. Persons attached or unattached, who have cognizance of some special branch of knowledge or skill. Department of Lam and Legislatloi . 233 THE ESTABLISHMENT. Clerk of Chief Officeu. (Agents and Clerks.) Agents — Public and Official. Receiver and E.Karaincr of Papers and Fees. Clerk of the Minutes and Board. Clerk of the Orders and Correspondence. Clerk of the Acts and Records. Speciat, Legislative Opficeu. (Clerks or Agents.) / the Codes.' the Consolidations, the General Laws, the Special Laws, the Supplemental Laws, the Bye Laws, the Regulations, the Legislati\e Matters, the Digests. , the Instructions. Assistant Officers. Accountant and Statist. (Clerks, Book-keepers, and Agents.) / Persons and Establishment. Estates and Properties. Housing, &.C. Fittings, Fixtures, Furniture and Implements Coverings and Clothing. Provisions. Stationery. Carriage and liocomotiou. Gifts, Loans, and Charities. \ Savings, Insurance, Investments, See. Mechanical Assistants. Stationer. Printer. Bookbinder. Copier. Lithographer. Subordinate Mechanical Assistants. Attendants. (and Household,) Officekeeper. Doorkeeper. Clerk of / Porter. Subordinate Attendants, Sec. Housekeeper, ^Messenger. 234 Official Organization. DEPARTxMENT OF LAW AND LEGISLATION. Tliis Department ought to take cognizance of all matters of Law and Legislation, under the Presidency of the Lord Chancellor. Its task at the present moment would be over- whelming, if it were not endowed with Special Agencies and Means, and a numerous and accomplished Staff" to do the work : The aid of some such Staff as the following, would be barely sufficient for its purposes : [■Jurist. rCodifier. Tribunalist. Consolidator. < Pleader. ^ General Law Writer. Cursitor. Special Law Writer. Formulist. ISupplemental Law Writer. Collector and Enumerator. Receiver and Arranger. Stater and Compiler. Examiner and Objector. Trier and Recorder. Bye Law Writer. Regulation Writer. Legislative Officer. Digest Writer. ^Instruction Writer. Each one of them would find ample employment, for it is to be remembered that the function would extend to all Legislation, not merely to the Consolidation of the past Law, but to current Legislation, and to all descriptions of Legis- lation. A Committee or Board of the Privy Council for matters of Law and Legislation under the Presidency of the Lord Chancellor, would constitute an appropriate means of exe- cuting tliis species of work; being of the nature of advice and assistance, and not of execution. It will be well to justify the appointment of so many Officers, by an explanation of their duties. Department of Laiv and Legislation. 235 Thk Jurist. It would be the Office of the Jurist to take cognizance of rights and obligations ; of the interest and the sanction wliich constitute the principal elements of right ; of the object, the occasion, the agent, the act, the conditions, and the mode of action which constitute its principal particulars ; and the expression of which makes the formal rule of right. The TuinrNALiST Would have cognizance of all Jurisdictions and Tribunals ; not merely of Tribunals usually so called, that is, of Judicial Tribunals, but of all institutional agencies, official or other- wise. All personages whose Office is promoted for the furtherance of a right, public or private, do in fact perform acts of a judicial nature, and should proceed with a more or less regard to the requisites by which a judicial determina- tion is arrived at. It would follow that this Officer would have charge of the personnel of all Official Organizations. The Pleader Is a Functionary who is getting, or has indeed got, into great disrepute ; but whether under that or any other desig- nation, or in a distinct form or not, the function must always endure. He is the logician of our system. The Officer whose care it is to determine what is to be done, or said on any occasion, to point the effort to its purpose, and to exclude whatever is irrelevant to the occasion, on account of its being either wholly or partially without the scope of the matter or the right which is in question, or so at that time. It is of no inconsiderable use to give a separate existence to this personage, not only for the object just mentioned, but in order to esta])lish a distinction betM'een the matter of a form, or the subject in suljstancc, and the expression of the matter, or its practical em])odiment in 236 Official Organization. printed or written letters on paper or other material. Each has its use: but the close adlierence to literal form, has destroyed or marred the use of both. It has restricted the scope of good sense which is the province of pleading, and excited a disrelish to form, without which there cannot be definite expressions of any kind. If the Pleader were accustomed to all the methods of statement in all Courts and Places, and to that end" were to collect such methods, eliminate their defects and extract their virtues, point discriminately to the occasions where one kind or another might be most usefully employed, we might become as great masters of statement as ever we were, and by the use of the same methods of ratiocination come to a state of closer agreement on a greater range of subjects, — a matter of no slight importance in considering the higher uses of this Scheme of Organizing our Civil Forces. It should be his Office to take cognizance of Pleadings and Statements of all kinds. The Cursitor Would take cognizance of Proceedings of all kinds — whether administrative, inquiring, legislative, judicial, finan- cial, directing, special, local, superintending and controlling, or registering and recording — with the order and course of pro- ceeding in the exercise of every right and the fulfilment of every obligation. It would be his duty to marshal actions according to the occasion, and to distribute them over time. Proceedings have their peculiar Agencies ; it is necessary to proceed step by step, yet promptly, and without needless intervals or delays ; to order the course of action, so that everything may have its turn in time as well as in place, and not be turned aside with neglect to be precipitately handled in the moment of pressure. Tlie separation of procedure, both from the expression of the right, and from the ordering of the matter of allegation and statement, and from the requirements of form would give a degree of simplicity to our Law, quite beyond the con- Department of Law and Lejtdo.tlon. 237 caption of the unol)servant. It would mark what is proper for general or popular use, and what is proper for the prac- titioner. A collection of the procedures of all Official Departments and of all Tribunals, would furnish us with the richest stores of material, by which we might rescue both our Official and Judicial Systems from the reproach of a narrow and inappli- cable method, that hinders instead of assisting the progress of business. In both systems it is so, partly because we are commonly ignorant of rationale of Offices and unaccustomed to the proper use of them. The Cursitor would be an useful agent of Finance. He would mark the periods between the conception and consum- mation of the work; the time actually employed in the work and on each stage of it ; the intervals between one stage and another; the loss occasioned l)y particular incidents; and the gain that might be obtained by prompter means : the time, the space, the cost, the labour, the men employed in many processes. The Cursitor would be the ally of the Estimator, who must needs follow his methods. The Form u list Would take cognizance of the Forms and mode of state- ment employed in Expressing and Recording every Action and every Transaction in Formal and other Documents. His use has been shown in discussing the uses of his colleagues. He would also take cognizance of all the me- chanical methods which are involved in the use of Forms, and all the incidental advantages of using them ; the saving of labour, of time, of skill, the limiting of the range of mis- understanding, the ordering of the strictural matters within the Form, the Heading, the Name of the Document, the Pre- mises or Subject-matter, the Occasion, the Act, the Condi- tions, the Authentication, the Appendices; and again the Paper, the Writing, the Type, the Folding, all matters which, facilitat- ing the distinguishing of the matter and the Filing, Reporting, and recording it, go to economise the exertions of an Office and to make it efficient. All these matters are of the greatest 238 Official Organization, concern in law-making. The cVLsregard of some, apparently the most trivial, has occasioned in the administration of aifairs just that sort of result which has followed now and then from placing a stick or stone on a railway. The Collector and Enumerator. It would be the function of this Officer to collect and enumerate in tables, alphabetical and classed, the subject- matters to which the range of inquiry and action is to extend. I. The Persons of all kinds. The Matters of all kinds. The Acts, Transactions, and Proceedings. The Times and Events. The Places and Districts. The States and Conditions. All the subjects, in short, of the Law. II. The Laws relating to them. 1. The Codes, and parts of Codes. 2. The Bodies of Law, and parts of Law. 3. The General Statutes, or parts of Statutes. 4. Special Statutes, or parts of Statutes. 5. Supplemental Statutes, or parts of Statutes. 6. Digests and Cases. 7. Text Books. 8. Bye-Laws, 9. Regulations. 10. Practice and Usage. III. The suggestions, complaints, and representations that have been from time to time made or stated, and the action thereon. By Parliaments. By Courts of Justice. By Governments. Department of Law and Lc(jislatlon. 23.0 By Functionaries. By Bodies of Persons. By Chamljers of Commerce. By tlie Public Press. By Professional Writers. By other Writers. By Individuals. But in making this Collection^ he would, of course, be assisted by all other agencies according to the range of their Functions. It would be his Business to collect from them, and by the help of their Enumerations, to make a complete Enumeration. The Receiver and Arranger Would perform the task of putting the matters com- prised in such Enumeration in complete order. This work would be of a higher kind, and calculated to prepare the way for, The Stater and Compiler, Whose Function it would be to State or Express those matters according to the prescribed manner; and so to compile them that The Examiner and Ojjjector Might compare the Statement with the Instructions for preparing the compilation of the Code or Law, and state his Objections, if any, for the Action thereon, of The Trier and Recorder, Who would try the Objections in such manner as should be appointed, and correct the Code according to the result. 240 Official Organization. A Process of this kind is necessary for a large operation like a Code, requiring so wide a range of knowledge, such variety of skill and sustained application for so long a period of time; and where the results of miscarriage are so great. The methods must he pre-appointed and ascertained; and each workman trained to take his part. All other great undertakings owe their success to such methods. One man can give birth to a grand idea of uni- versal application, but it never happened that one man realized such an one by his own single exertions, without the aid of much time or much assistance, or both. Clerk of the Codes. It would be his Duty not only to collect the Codes them- selves, but to extract such matters as may bear upon Current Legislation, and also to Index the Codes according to any scheme of Index that might be adopted, in order that the matters might all be readily accessible. He might also make and collect Outlines of the Codes, and frame a good general outline ; and thereafter w-atch all Legislation, with a view to its eventually forming part of a Code. The following countries are said to have Codes : — 1, Baden. 2. Bavaria. 3. Belgium. 4. Brazil. 5. Cracow. 6. France. 7, Greece, 8. Ilayti. 9. Hesse. 10. Holland. 11. Ionian Islands. 12. Lombardy — Venice. 13. Lucca. 14. Luxembourg. 15. Parma. 10. Portugal. 17. Roman States. 18. Russia. 19. Sardinia. 20. Two Sicilies. 21. Spain. 22. Tuscany. 23. "Wallachia. 24. Loui- siana. Could we but be induced carefully to collate these Codes according to some common standard, such as is indicated by the division of the Functions here suggested — a Code of Ri2;hts and Obliijations, a Code of Tribunals, a Code of Pleading, a Code of Procedure, and a Code of Forms — the essentials of Legislation would be brought out to view, while the very work of so collating these contributions to Legis- lation would train the persons to be employed to the task ; a preparation which must be undertaken before we can count upon efficient results. De2Xirtment of Law ami Lerjidation. 241 Cleuk of the Consolidations. This Officer would perform with respect to Consolida- tions, Duties similar to those of the Clerk of the Codes; and also make, or superintend the making of, such additional Consolidaticns as the Departments of Government should require. The instances of Consolidation are now numerous. Some of them are good pieces of Legislation and, perhaps, all give examples of Practical Legislation which it would he wise to separate from the mass for adoption in other cases. Consolidation has its Office and Exigencies distinct from those of Codification on the one hand, and General Law AVriting and Special Law Writing on the other ; and these it is important to regard in our present transitional state — care being taken that nothing be done inconsistent with the larger work of eventually including the whole in one Comprehensive System. Clerk of the General Laws. This important range of Duty is worthy of a Special Agency. General Laws have failed (1) from not collecting from our existing Legislation all the provisions that apply to their Subject-matters ; (2) from not adopting a sufficiently comprehensive method ; (3) from not making that method at once logical and uniform; and (l) from putting in the same Law, matters of an incongruous nature that could not be embraced by the same designation. There is less excuse for doing the task imperfectly, as our Lav/ furnishes abundant material; but the excuse has been that proper means for executing the task have never been allowed ; and that the experience of failures has nut operated to prevent the recurrence of similar failures ])ecause no ncans have been taken to collect and compile instances of these failures for the information and guidance of the persons who have been employed. Tlie making of General Laws is a financial question of great importance; for th? state of many oi" Q 242 Official Organization. our Offices, and the expense of them result from the want of "-eneral rules of conduct amounting to a common Law, of which we may take habitual notice. Clerk of the Special Laws. Special Laws are usually drawn by the Officer of the Department : but as it is not fit that the Laws of one Depart- ment should differ from those of another in matters not strictly of a special nature, there should be an Officer charged with the duty of keeping the Laws of the Department in har- mony with the other Laws of the same Session, and if possible, with the General Laws of the Land. Special Laws^, as distinguished from General Laws, have their peculiar exigencies and requirements. They should follow the order of the Laws of which they form a part. They are more specific, as they are more special; indeed they should contain nothing which is not of a special nature, and the presence of any general matter ought to be noticed by the Special Law Writer. Special Laws would be brief indeed, if there were General Laws for each class of matter to which General Laws are applicable. Clerk of the Supplemental Laws. Supplemental Laws are open peculiarly to the remark above made as to Special Laws, that they should follow the order of the Law of which they form a part. They have other exigencies : they require to be even more specific ; to have their connexion with the other Laws, and the extent of their operation in regard to these Laws, and to the matters common to bo;h, more distinctly marked ; and the duty is so extensive, so important, and so peculiar, as to require a separate hand. This Officer should also be Clerk of tlie Repeals; and bound also to notice in a proper Index all the alterations and variations of existing Law, which arc ftom time to time made by the Legislature DepaHment of Law and Legislation. 243 Clerk of the Bye-Laws and Regulations. This branch of the subject differs from the foregoing, not in the general considerations applying to its matters, but in the different character and extent of their operation. Tliey require peculiar care in their treatment, because there is a constitutional jealousy in all quarters towards sub- legislation ; and for that reason they should be subject to more supervision and control tlian other Laws or, at least they should have the ])cncfit of the same assistance. It is a circumstance that deserves particular attention in reference to the present matter, that the Judges of the Land who have had to make Regulations have in the majority of instances signally failed ; ■while other Functionaries who ought to make them have usually shrunk from the task, on some account or other, probably the difficulty and distastefulness of it. Clerk of the Digests and Text-books. These productions are now bej^ond the range of public interference though they once were subject to the imprima- tur of the Judges. It would be desirable that all Offices should make Digests and Text-books of matters within their jurisdiction, and such might be subject to the general control of such an Officer. But the object of this appointment is, rather to collect, than to make such Books. They are need- ful to the practical Legislator; they should be known to him ; but at the moment of his need he has seldom time to hunt out the information he requires. Some have doubted whether the objects of Consolidation miMit not be better attained bv authorized Text Books com- piled under one system ; but all consider that they are excel- lent preparatives to extensive operations in L^w-making. q2 244 ' Official Organization. Clerk OF THE Instructions. This matter is within the scope and cognizance of Government, and offers the means of eftecting large improve- ments in the economy of its administration. The ignorance, and want of skill of its Officers are the occasion of a very large portion of the public expense: and considering that these evils are shewn in intelligent and able persons who are not found wanting in other things it may be attributed to the want of available information on the matters of their respec- tive Departments. This service, like all other departments of Legislation, requires peculiar aptitude, fullness, clearness, distinctness and ready accessibility to the information at the moment of need ; and (for Forms constitute a portion of such Instructions) a well principled, well arranged, and simple body of Forms which the Officer may apply without difficulty. Clerk of Legislative Matters. Besides the Committee of Legislation of the Privy Council, there should, under some designation or other, be a Legislative Officer for each Department of service. I have found it a necessity. To judge of this necessity, we must consider what are the subjects of Legislation. They are not simply Laws, but Bye-laws, Regulations, Instruc- tions, Forms, Digests, Statutes, the Rule and Practice, or Usage, and all which are incidents of an Office. Every act of the Office Avhich establishes a new principle, or departs from an old one, or adopts a new application, or an application to a new thing, calls into use the Functionary whose business it should be to note it, that it may be filed, or inserted in its proper place, in the Code of Regulations, to be available for all classes of persons thereby affected, whether the Objects of Care of the Department, or the Agents of Care. It is from want of such an Officer that modifications which Department of Law aiid Leyislatlon. 245 are suggested and sanctioned by practice, are not adopted in the System in such a manner as not to create anomalies, and that the adoption of new inventions encounters so much ol)struction, because the authorities in the case arc not al)le to withdraw themselves from the routine, and consider the matter. AVhat is deemed an exception would under such a system, be found to be l)ut a special application of the general rule, called for by an 01)jcct, and upon an Occasion within the scope of the higlicr principles of administration. It is in this field, and that of adaj)tations, that Administration has its chief Office. Common rules are applicable to common Occa- sions, and are to be executed by common, or inferior, agents. The Exceptions, as they are called, are only to be treated exceptionally; because the Administrator, or the Legislator, has not been able to adjust the rule to all the cases to which it may apply. A new case being discovered, the office of the Administrator is promoted to apj)ly the rule to the occasion, and thus realize the object; and where frequent occasions have defined the proper conditions of a new or a more comprehen- sive rule of more general application, which can be executed as before by inferior agents, the Office of the Legislator is promoted to enact such rule. It is from the want of such means of adaptation, that Laws become either obsolete or oppressive ; and often inapplicable to, or impracticable in the new circumstances. The following is a modified plan, recently suggested to meet the occasion of mere Consolidation of the Statute Law. But it will eventually be found that this matter of Legislation, which is of constant application, must be provided for by permanent arrangements. Parliament is entitled to have the Legislative matters well prepared on sound general prin- ciples, with regard both to matter and form ; and there is an absolute need for a like provision for the entire range of sub- legislation, which in this country is very extensive. By employing persons temporarily, their services do not acquire 246 Official Organization. the advantages of an institution ; their experience expires with the completion of the work ; tlie skill of one is not communicated to another, and traditions so essential, like habits, to regular and prompt action are not acquired. Besides a regular Office, properly constituted and con- ducted on regular methods, would be cheaper as well as more efficient ; and would enable the Government to conduct this, which is a great Financial, as well as Legal and Admi- nistrative Operation, onward to immediate results, shewing themselves in all the nieasures which it undertakes. It seems to me that this measure should be conducted as great imdertakings of a mechanical kind are, upon design, with plan, specification, and estimate ; and with arrangements M'hich would at least promise the completion in an assign- able time. The subjoined outline, following the suggested Scheme of Commission for the limited purpose, will give an idea of the course of operation. I should assign a period of one year for each stage of operation, and should make the remuneration contingent on the work being done within the appointed period, giving of course every available facility to the undertakers of the work. Supposing a Special Commission (of a limited character) I should recommend that it consist of Five Members at least; and that each Member should hold a separate Func- tion or Office, viz. — One to be (" Jurist "' or) Commissioner of Rights and Obligations, to have cognizance of Rights and Obligations. One to be ('•' Trii:)unalist " or) Commissioner of Juris- dictions and Tribunals, to have cognizance of all Jurisdictions and Tribunals. One to be ("Pleader" or) Commissioner of Pleading, to have cognizance of the matter of Pleading and Statements of all kinds. One to be (" Cursitor" or) Commissioner of Procedure, to have cognizance of Proceedings of all kinds. One to be (•' Formulist " or) Commissioner of Forms, to have cognizance of all Forms. Department of Law and Legislation. 247 Tliat these Commissioners shuuld Ijc assisted by the following principal Officers or Assistant Commissioners, or, if economy require, should themselves execute the task, viz. 1. To collect and enumerate the matters of Legislation and Judicial Decision. 2. To receive and arrange them according to the scheme of Consolidation. 3. To state and compile them in the prescribed manner. 4. To examine and object in reference to requirements of all kinds. 5. To try objections, and correct the Instrument, Code, or Consolidated Statute. And that they should have the further assistance of the following mechanical aids, acting in immediate connection with them. 1 . Stationer, 2. Printer, 3. Bookljinder, 4. Lithographer, 5. Copier; and also of an OfRcekeeper, Housekeeper, Doorkeeper, Messenger, and Porter. The business of the Commission should be conducted with the regularity of an Office, and to that end the Officers should form a species of Board, and be assisted by a proper Staff of Assistant Officers and Clerks, and have all the faci- lities and appliances of an Office. I should further recommend a large unpaid Commission, to consist of persons engaged in Legislative Matters or in- terested in Legislation, but to be divided into Committees, CO responding with the practical affiiirs, and the functions nvolved in the Administration of them. 1. Departments and Offices of State. 2. Persons, Corporations, Associations, &,e. To these Committees the Commissioners should periodi- cally report, which would give practical direction to the labours of the Special Commission, and, at the same time, enable many persons who nmst be subsequently engay;ed, either in the passhig of the Law or in its administration. 248 Official Organization. to become gradually acquainted with the scope and details of the t"isk, and thus prepared to support and defend it in Parliament. I should suggest that the Legal ^lembers of every Depart- ment of State and its Law Officers, should be a Committee to collect (in a given form,) the Laws of their Departments, or to assist and superintend the Collection of the Laws by the Special Commission. It would be desirable to invite the voluntary aid of Public Officers, of Members of the Bar, and of other persons, capable of affording assistance in any Special Departments ; and also of Students of Law, whether for the Bar or for the profession of Attorney or Solicitor. With a view to these services being made available, a Scheme of Operations should be carefully prepared. By these means the Commission might be made efficient as well as economical, and at the same time a large range of unpaid service be secured, by which the Public and the Par- liament would be trained to consider the Law in the first instance, and after it has passed, to appreciate it. If hereafter the examination of Candidates for the Pro- fessions were based on the Consolidated Law, there would be added an adequate motive for engaging in the sei'vice of making the Consolidation, and also in the necessary training in the use of the Instrument of Law, the want of which lias often occasioned an antasfonism between the Le;2:islature a!u} the Tribunals. Department of Law and Le'TS. Attendants. (and Household.) Officekoeper. Housekeeper. Porter. SUBOEDINAIK ATTENDANTS, &CC. Bookbinder. Copier. Doorkeeper. Messenger. 25 G Official Organization. DEPARTMENT OF JUDICIAL MATTERS. There is already a Judicial Committee of the Privy Council, but in addition, and in subordination tliereto, every principal department at least should have its Judicial Officer. Every Office has occasion for the exercise of the judicial function upon matters coming within its own cognizance. Of this character are : — the Matters which are expressly referred to its judicial determination, of which every consi- derable Office has few or many: — the Matters of a Domestic nature, relating to its internal affiiirs or disputes amongst its own Members and Officers, Attendants and Servants: — the Matters which require to be referred to other Judicial Tribunals in a judicial manner, and of which, in the course of its career, some will occur : and — Matters of an im- portant nature, which, thougli not strictly of a judicial nature, require to be subjected to judicial tests, or to be investigated by persons of judicial habits. Such questions the Minister or Head of the Department, worried as he is by all sorts of matters, cannot grapple with. Whatever may be his administrative ability, and perhaps on account of his administrative ability, he is usually unable to fulfil this function with advantage, or in due time, or without com- promising other relations. Hence the presence of a Judicial Officer, such as the ancient Recorder, would be of inestimable advantage in every great Department. He should try as well as keep the record. And if the matters are extensive in range or various in nature, such an officer will require proper aid, in trying the statement of the case; the questions of fact; Department of J adicial 31atter^. 257 the questions of law; the judgment; and, it may be, equit- ably adjusting the matters admitting of or requiring such adjustment. All these matters involve different considera- tions and skill of different kinds. They require, too, to be taken seriatim and separately, that they may not be slurred over, and that their considerations may not cross or be inter- mingled with each other. In the Superior Courts where the proceedings are more regular, and the sul^jects have undergone a previous elimina- tion by means of pleading, assistance of this nature is not so necessary; but no Judge can safely dispense with such assist- ance, cither l)y means of the agency of the Parties or by means of the agency of the Court, or by means of method in the conduct of the trial, or by means of a private agency. The result will depend mainly upon the care with which these processes have been executed. As all judgments are subject to revision, either directly and authoritatively by means of regular appeal, or indirectly and luiauthoritatively by means of reports and public discussion, it would be well in all cases, and before all Tribunals and Officers, to conduct judicial proceedings with the same strictness of method, whatever may be the latitude of dis- cretion which the Judicial Officer is authorized to exercise in his adjudication. A summ.ary proceeding is not exempted from the logical exactness which is required in the regular proceeding, but only from that severity of method which is exacted in the latter. Where regularity and strictness are not enjoined, it is difficult to l)e as regular and strict as the case admits of or requires : and, therefore, it not un- commonly happens that Judicial Persons invested with full discretion as to procedure fall into a degree of laxity which either precludes a fair adjudication, or renders their jud"-- ment legally inoperative. To obviate such consequences it is proposed that there should always be the means of enabling the Judicial Officer K 258 Official Organization. to make a separate statement of the case, with a distinct Adjudication upon its sufficiency; a separate statement of the legal questions with a distinct Adjudication thereon ; a separate statement of facts in question, with a separate Adjudication thereon ; and finally a separate state- ment upon the whole matter as proved, with a distinct adjudication thereon ; and supposing such Adjudica- tion though conformable to law technically considered, to be unconformable to Law equitably considered, a separate statement of the difference with a distinct Adjudication thereon. And, to facilitate his Judicial Service, it is proposed also that means should be afforded of ascertaining distinctly what is the state of the Law under the different heads of matter upon which he may have to Adjudicate. Upon these principles it is proposed that the Department of the Privy Council which is charged with the cognizance of Judicial Matters, should l)e provided with a corresponding number of Officers charged with such secondary or subsidiary functions, and that other Officers should have similar aid in a degree proportionate to the Judicial Service with which they are charged j and also arrangements calculated to ensure, or at least facilitate, efficient j udicial action. In Inferior Jurisdictions, or in Jurisdictions without the aid mentioned, it would be expedient to have Official persons employed as above in giving aid to the head or Judge. At all events those matters, whether done at the same time of the day, or at different times, or on different days, should be taken seriatim and separately that the steps toward the conclusion may be distinctly traced even if it were only to keep both the Judge and the Parties, in view of the different matters on which they are engaged. Department of Judicial Matters. 259 The Officers employed on the Committee of Laws and Legislation: the Jurist, the Tribunalist, the Pleader, the Cursitor, and the Formulist, or similar Officers, ought to be engaged in the task of digesting and registering the decisions, and in assisting the Judges in the trial of the separate matters by collecting the cases involved in their respective Juris- dictions, and reducing them to a shape for immediate use : a Function which is necessary under any state of the Law but peculiarly necessary in its present state. It would be an interesting matter of inquiry to ascertain from diflferent Judges the private methods of assistance which they have found it useful, or expedient, to adopt in working out the cases which they have received for Adju- dication. The Survey of Tribunals would afford valuable sugges- tions for the constitution of a proper Court and the proper aid necessary for the discharge of its functions, especially where the parties do not appear to assist the Court, or are unable to do so. The quantity of Judicial business, which has been with- drawn from the Courts of Justice and referred to Special Commissions and other bye authorities is very great indeed and ou2:ht to be referred to an Administrative Judicial Tribunal of competent authority, if there be reasons for not referring: such business to the ordinarv Tribunals. The severance of such business from ordinary Offices would not only relieve them largely, but would tend more effectually to do justice to the Suitor. It would be well as a matter of Official training and prac- tice, that all Officers should pass through the Judicial De- partment for the sake of acquiring that orderly, precise, and logical method of investigation which the proper exercise of R 2 260 Official Organization. the Judicial Office demands; for all Official Matters^, except the purely ministerial, are in their essential nature judicial : that is to say, it must be ascertained whether the object be Avithin the jurisdiction of the Officer ; whether the occasion on which the jurisdiction is to be exercised has arisen ; whether the conditions precedent have been performed ; whether the actor, or person whose act is invited, is the person by whom the act is to be performed ; whether the act invited is the right act in the case ; whether the mode of action is right ; and finally, what are the consequences of the Action, and the possibilities of Failure, and the consequences of Failure. Where the amount and importance of the business should justify such an amount of force, Special Officers for each Division of Duty might be appointed, or one or two to perform the principal Department of Duty, as for instance, (1) the duties assigned to the first five might be given to one; and the duties assigned to the second five might be given another. Whatever is done in this direction, should be done in such a manner as to keep all the Divisions distinctly in view. The Clerk of the Statements Will Examine, with the assistance of other Officers, the Statement or Claim as to its sufficiency as a Statement or Claim in the case in question, both in respect of its Form and its Matter. The Clerk of the Questions of Law Will Examine and Report to the Judge or Judicial Officer the Statement of the Grounds of Law and the Issues of Law. Department of Judicial Matters. 2G1 The Clerk of the Questions ok Fact Will Examine and Report to the Judge or Judicial Officer the Issues of Fact and the Statement of the Evi- dences of Fact. The Clerk of the Judgments Will Examine and Record the Judsfment or Conclusion. o The Clerk of the General Matters and Appeals Will Examine and Report to the Judge or Judicial Officer the Grounds of Special Applications or Appeals. The Clerk of the Rights and Obligations Will Extract and Report to the Legislative Officer the Matters of Right and Obligation involved in the Case, and also assist the Judge or Judicial Officer by citing the ne edful Rules, Precedents, or Authorities applicable thereto. The .Clerk of the Jurisdictions Will, in like manner, Assist in all Questions of Juris- diction. The Clerk op the Allegations and Pleadings Will Perform a similar Service in Relation to the Matter of all Statements. 262 Official Organization, The Clerk of the Procedure Will take Cognizance of all Procedures and their Rela- tion to the Matter of Right on the one hand, and the Con- venience of the Tribunal on the other ; acting in Aid at once of the Suitor and of the Court. The Clerk of the Forms Will Entertain all Matters of Form ; will Note all Points of Defect and Modes of Amendment; and Prepare the necessary Instructions for making such Amendments and pre- venting the Occasion of their Recurrence. DEPARTMENT OF FINANCE AND TRADE. 2G4 Official Organization. Department or Committee of Finance and Trade. THE BODY. Head. President. Vice-President. Membeks. All Privy Councillors who fill the Offices of First Lord of the Treasmy, Chancellor of the Exchequer, President of the Board of Trade, and Commissioners of the Treasury. Together with the respective Members, &c. of all other Com- mittees of Privy Council, who take cognizance of the peculiar functions of this Committee, Special Members. (or Principal Financial and Commercial Referees.) Special Officers having cognizance of some Principal Department of Aifairs, or of knowledge or skill within the scope of this Committee. Staff. Secretary Treasurer Director. Actuary - Accountant Remembrancer - Superintendent - Assistant Staff Officers. Administrative Committee. (Referees or Commissioners.) Of Administration. Of Direction. Of Inquiry. Of Legislation. Of Judicial Matters. Of Finance. Registrar. Auditor. Controller, Of Special Matters. Of Local Matters. Of Supermtendence and Control. Of Registration, Record, and Publication. F1NANCIA.E AND Commercial Referees. Persons attached or unattached who have cognizance of some special branch of knowledge or skill. Department of Finance ami Trade. 2G.' THE KSrABLISilMKNT. Chief Officer. (Clerks or Agents.) Agents — Public and Official. Receiver and Examiner of Papers and Fees. Clerk of the Minutes and Board. Clerk of the Orders and Correspondence. Clerk of the Acts and Records. Special Financial and Commercial Officer. (Clerks or Agents.) Collector. Journal Clerk. Receiver. Ledger Clerk. Cashier. (Banker.) Paymaster. Disburser. Assistant Officers. Storekeeper, Curator. ACCOITNTANT AND STATIST. (Clerks, Book-keepers, and Agents.) / Persons and Establishment. Estates and Properties. Housing, &c. Fittings, Fixtures, Furniture, and Implements. Clerk of Coverings and Clothing. Provisions. Stationery. Carriage and Locomotion. Gifts, Loans, and Charities. ^ Savings, Insurance, Investments, &c. Mechanical Assistants. Stationer. Printer. Bookbinder. Copier. Lithographer. Subordinate Mechanical Assistants. Attendants. (and Household.) Officckeeper. Doorkeeper. Housekeeper. Messenger. Porter. Subordinate .\ttendants, &e. 266 Official Organization. DEPARTMENT OF FINANCE AND TRADE. The Office of such a Committee, as indeed of all the other Committees of the Privy Council, would be simply to inquire and advise, and to aid in the preparation of elaborate acts of Administration and Legislation, which might be beyond the strength of the Ordinary Executive Agencies of the Treasury. These are of a most extensive range, and are of such a character as to meet with little assistance from the Treasury, in competition with the ordinary business, in consequence of which they are often indefinitely postponed. The Depart- ments of such Committee would include the Collection ; the Receipt; the Custody; the Investment; the Issue; the Pay- ment; the Accounting; and the Auditing of Moneys, and accounts of all Offices and Departments of State, which are not under the immediate cognizance of the Treasury. The Savings' Banks Inquiry and many other matters would probably have been disposed of earlier, if there had existed Functionaries capable of applying themselves to the task, while there is a large number of such questions which the Treasury has not been able to entertain at all. The Functions now performed by the Board of Trade might probably be united with the above Functions, to which they are intimately related. The Persons who are now Heads of Departments under the Board of Trade might either be Special Members of the Board, Staff Officers, Administrative Commissioners, or Referees ; and all the duties performed by the Subordinate Clerks and Officers might gradually be consolidated, and performed by the persons of like degree in the Department. Department of Finance and Trade. 2C>7 The Financial and Commercial Officer. Each Office should have an Officer of this land ; of whom, in subordinate Departments nothing need be said. Our Constitution practically makes money a test of aflFairs of Departments, as it is a test of Commercial affairs. This Officer should have cognizance of the Estates, Pro- perties, Grants, Fees, the House, Furniture, Stores, and Sta- tionery, and everything which makes the Revenue of the Office ; and the Establishments, Pay, Material, and whatever constitutes the Expenditure. All matters should be brought into estimate ; and all matters should be brought into account; and each department of the office, as well as the whole office, should make both estimate and account, that not only the total expense, but the distribution of the expense, should be made manifest. On the other hand every Department, especially the highest, should have the means within limits of performing needful service, without making out a previous case to the Treasury, since the exigency and benefit of the service may require prompt treatment, and can only be proved by the event. The condition of such expenditure should be, that before the thing is undertaken, the Officer should make a special plan, specification, and estimate of the work he pro- poses, and when the work is done, he should report the actual expenditure in similar detail for future guidance and information, and for the purpose of showing, not only whether the work was wisely done, but whether it was wisely set about. I have known not only wasteful expenditure to be the consequence of this denial of means, but that great benefits of a public nature have been denied. If the Organization of the Treasury were of such a nature as to insure sympathy with all services, and a prompt con- sideration of applications, the course recommended might, to some extent, be dispensed with ; but if within due limits some discretion were confided to properly constituted offices for purposes of a pubhc nature under conditions calculated 268 Official Organization, to insure responsibility for the result, we might energise our Public Departments, and produce some such results as are supposed to be exclusively incident to commercial enterprize. I have known instances of work undertaken for Public De- partments, which have not been paid for years, and which has wholly discouraged much useful eflfort. The general subject is certainly a delicate and difficult one, yet of most pressing importance to the Public Ser\uce; and the constitu- tion of such an Officer in direct communication with the Treasury, and acting on its principles and methods, might be an useful means of adjusting' the matter and overcoming its difficulties. This Department admits of more precise development ; especially in the division of the Special, Financial, and Commercial Officers; but, as in other cases, the specific modification should be dependent upon the Returns of the Survey. The principle is illustrated in the accompanying Tables. DEPARTMENT OF SPECIAL MATTERS. 270 Official Organization. Department or Committee of Special Matters. THE BODY. Head. President. Vice-President. Members. All Vxiyj Councillors who fiU the offices of Commissioners of the Treasury. Chief Commissioner of Works. Postmaster General. Members of the Poor Law Board. AU Privy Councillors who have filled such offices. Together with the respective Members of all other Committees of Privy Council who take cognizance of the peculiar functions of this Committee. Special Members. (or Principal Special Referees.) Special Officers having cognizance of some Principal Department of Affairs, or of knowledge or skill within the scope of this Committee. Staff. Director, Secretary - - - Actuary - - - Registrar. Treasurer - - - Accountant - - Auditor. Remembrancer - Superintendent - Controller. Assistant Staff Officers. Administrative Committee. (Referees or Commissioners.) Of Administration. Of Direction. Of Inquiry. Of Special Matters. Of Legislation. Of Local Matters. Of Judicial Matters. Of Superintendence and Control. Of Finance. Of Registration and Record. Special Referees. Architect. Engineer. Department of Siiecial Matters. THE ESTABLISHMENT. 271 Chief Officer. (Clerks, and Agents.) Agents — Public and Official. Receiver and Examiner of Papers and Fees. Clerk of the Minutes and Board. Clerk of the Orders and Correspondence. Clerk of the Acts and Records. Special ( (Clerl Officer. is, or Agents.) Designer. Planner. Specifier. Estimator. Contractor. ■ Maker. Maintainor. Cleaner. Keeper. User. Assistant Officers. Mechanist. Modeller. Constructor. Surveyor. Manager. Clerk of the Works. Draftsman. Foreman. Accountant and Statist. (Clerks, Book-keepers, and Agents.) Persons and Establishment. Estates and Properties. Housing, &c. Fittings, Fixtures, Furniture, and Implements. Clerk of Covering and Clothing. Provisions. Stationery. Carriage and Locomotion. Gifts, Loans, and Charities. Savings, Insurance, Investments, &c. Mechanical Assistants. Stationer. Printer. Bookbinder. Copier. Lithographer. Subordinate Mechanical Assistants. Attendants. (and Household.) Office Keeper Doorkeeper. Housekeeper. Messenger. Porter. Subordinate Attendants, &c. 272 Official Onjwikation. THE DEPARTMENT OF SPECIAL MATTERS, Will represent all Special Affairs and Agencies, e. g. : — 1. Estates and Properties. 2. Buildings and Works. And so on, in relation to the production and supply of them, or of their incidents. There should be an Officer for the whole, or for one or more, according to the exigencies of the Office, with certain subsidiary Functional Officers, who would have regard to those elements of business which must be brought to the view of the Administrative Officer, such as — Designer. Maker. Planner. Maintain er Specifier. Cleaner. Estimator. Keeper. Contractor. .User. Whatever the thing made or done, it requires the service of many functions comprised in the Offices above named, which will be more particularly indicated in the following observations : — It may be convenient, as in other cases, to entrust these functions to a few or fnany, but they should never be lost sight of, for it is by the disregard, or exclusion of a part of the process of action that miscarriages, excess of expenditure beyond estimate, misunderstandings, litigation, and other disappointments and calamities occur. Nor may we prudently reject such aids because the names are new and peculiar. Our great undertakings often fail because our great men, upon whose determination such things rest, are not conversant with details or with the methods of mastering them. We are to remember that we are doing National work, and that hundreds of ihousands depend upon the issue of a right or a wrong judgment. Palaces, Bridges, practical measures of all kinds, structural Department of Special Matters. 273 and political have failed and discouraged other measures, because the minor subsidiary works indicated in the above mentioned functions have not been systematically and habitually worked out. Employed constantly in all under- takings, great or small, a sureness of step will be gained which will move onward a vast number of measures now claiming solution and constantly arising for solution. Designer. In the Departments charged with Special Services, such as Works, or matters of that nature, the office of Designer would be most useful, if used systematically, that is, if he fairly collected the desiderata, with the ends to be avoided as well as those which are to be attained — the occasions for which the thing is required — the means already employed, and the adaptations that are to be provided for. Art and skill are great economizers. They calculate nicely the adaptation of means to ends, which not only saves money in the making but in the use ; for an unwieldy thing demands more labour, too large a thing occupies more space than enough, and an unsightly thing distracts the attention and wearies the senses to no purpose. Besides, design compels thought, and checks useless enterprise as well as tends to ensure the success of the Useful. Its presence promotes the intelligence as well as the ease of the Office ; while its neglect engenders bad habits of all kinds, and with bad habits Mant of discipline, and dilatory, imperfect, work. Plannek. The Planner is but the realiser in detail of what tlie Designer has directed, and his Office is to be constituted on the same grounds. No article of a novel kind should be allowed without a Plan accompanying the application, and none should be refused without a reason being communicated to the appli- cant. s 274 Official Organization. Specifier. The Specification of Details is the necessary foundation of the Estimate-and Contract, a means of bringing all points into view, and so far assisting to view both plan and design more critically, especially in relation to Cost. Estimator. The duties of this Officer are indicated in his name ; his services are of great value, both in checking heedless expense and preventing what is often disastrously extravagant, the vague fear of expense and the hesitation which it engenders to enter upon proper and necessary undertakings. The Office is distinguished from that of Specifier, because the knowledge and skill required are of a different kind. Contractor. The Contractor in the ordinary sense is the undertaker of the work; but his Office in this Organization is to superintend the preparation and making of the Contract, and the collecting information for the safe conduct of the Negotiations. It would be his duty to watch Contracts generally; the cases in which they have been Successful and those in which they have failed, and the considerations which in each class of under- taking ought to be regarded. The Office should be one of primary importance in a state of things where everything from the greatest to the least is to be done by Contract. Maker. The name, coupled with those that follow, distinguishes the object of this Office. Like the Contractor, his function Department ofSjyecicd Matters. 275 will be to inform himself of all matters connected with the function of making, that he may be prepared to advise all other Officers in that respect, and to be the medium of com- munication with Special Referees, if it should be so required. A specification of the Occasions on which his services may be required would justify the appointment of such an Office. There is scarcely a Law which does not manifest its necessity. Without the aids supplied by the Designer, the Planner, the Specifier, the Estimator, and the Contractor, the duties which would devolve upon this functionary would be beyond the capacity of any person. He will be master of the concre- tion, as they of the abstraction. He will be more practical, they more theoretical. He will be the Realiser, they the Inventors of each Class. Maintainer. For the sake of explicitness and distinctness, as well as to provide a convenient distribution of functions, so that no Officer may be charged with more than he can perform, this Officer, whose duty it would be to keep up the fabric, is proposed. It may however be doubted whether his sphere of action over things existing and their adaptations, or modifications does not involve an amount of duty, which would make it incompatible with any other Office. It requires, too, a different kind and order of ability. The mind and skill which can make a new and entire thing upon an unoccupied field is very different from the mind and skill which can adopt existing things to new purposes. The one requires to be a greater master of expedients perhaps in themselves inferior ; to be rather the clever man than the genius. At all events, the separation of the considerations, by placing them in distinct persons may lead to their more perfect development ; and at the "same time provide sufficient means for mutual advice and assistance. s 2 276 Official Oryanizatioii. Cleaner. A homely title for an Office of universal Need, and one of the costliest. The expedients for Cleaning and Keeping are worthy of the Economist's regard. It is a heavy item in Public Expenditure. It involves more scientific knowledge than is apparent, and a knowledge not so generally diffused as the Need. It extends to every thing that we have and use, and in the long run occasions or saves a great expense, for the duration of everything depends not merely upon its Use, but upon the Cleaning of it. Keeper. Keepers and Curators are very numerous ; their function is to take charge of the matters placed in their care and custody, but the considerations which apply must depend upon the nature of those matters. It would, however, be worth while to ascertain the principles on which such Offices are appointed. Some are filled by scientific men without proper assistants. They know the nature of their trust, but cannot perform it. Others are placed under other persons to be assistants, without proper Superiors. They can per- form their trust if they knew it. The want of Organization in such cases mars the purpose. Again, from want of know- ledge, both superiors and assistants fail, whilst such persons are fearfully oppressed by the least amount of Official Routine which it may be necessary to subject them to. If the official part of their duties were performed by persons of Official aptitude, it would conduce equally to the benefit of the Public Service, and to the comfort of such Employes. The collection of the knowledge necessary for Keepers of Museums, Books, Registers, and Articles of Vertu, might save the Nation as well as individuals, much indirect Expenditure of Money, and still more in the Preservation of those Objects of Care, which if lost or destroyed, cannot be replaced. Department of Special Matters. 27 t-> User. This term is used for want of a better. It is applied to all those persons whose occupations or occasions bring them to Use any article, and whose acconmiodation is the ol^ject, end, and aim of all the rest. They are the best judges of the efficiency of the article and the sufferings by inefficiency, and it is necessary, therefore, for one and all, the Designer, the Planner, the Specifier, the Estimator, the Contractor, the Maker, the Maintainer, the Keeper, and the Cleaner, to have this personage, his wants and feelings, in their remembrance when they exercise their several callings. The same truth applies to Administrator, Inquirer, Legislator, Judge, Financial Officer, Official Special Officer, Local Officer, Superintendent, and Controller, and Registrar and Recorder ; for all are in some sort Designers, Planners, Specifiers, Estimators, Con- tractors, Makers, Maintainers, Cleaners, and Keepers, and require the exercise in their Official behalf of the same func- tions, since such functions are applicable to all things made or done. It is Useful, therefore, to have some personage to take note of the relations of all Users to the matters within the cognizance, not always within the recollection, of the Official Departments of State. The Assistant Officers. The Mechanist, The Modeller, Constructor, Draftsman, Surveyor, Manager, Clerk of the Works, Foreman, might receive into their class many additions in practice, according to the nature and extent of the Special Business to be transacted; but, the established practice, is to depend 278 Official Organization. mainly for such aid on temporary engagements. It is sufficient for the present purpose, merely to indicate their relation to the Service, and the necessity of considering the Means of providing such Aids, and the Occasions for them. The Survey will show in what degree they now exist, and to what extent they are necessary. ])EPARTMENT OF LOCAL MATTERS. 280 Official Oryanization. Department or Committee of Local Matters. THE BODY. Head, President. Vice-President. Members. All Privy Councillors who fill the Offices of Secretary of State. All Privy Councillors who have filled the Offices of Secretary of State. Together with the respective members of all other Committees of Privy Council ^ to take] cognizance of the peculiar functions of this Committee. Special Members. (Or Principal Local Referees.) Special Officers having cognizance of some Principal Department of Affiiirs, or of knowledge or skill within the scope of this Committee. Staff. Director. Secretary . . Actuary . . Registrar. Treasurer . . Accountant (and Statist) . . Auditor. Remembrancer. .Superintendent. .Controller. Assistant Staff Officers. Administrative Committee. (Referees or Commissioners.) Of Administration. Of Direction. Of Inquiiy, Of Special Matters. Of Legislation. Of Local Matters. Of Judicial Matters. Of Superintendence and Control. Of Finance. Of Registration, Record, and Publication. Local Referees. Persons attached or unattached, who have cognizance of some special branch of knowledge or skill. Department of Local Matters. THE ESTABLISHMENT. 281 Chief Officer. (Clerks and Agents.) Agent, Public and Official. Receiver and Examiner of Papers and Fees. Clerk of the Minutes and Board. Clerk of the Orders and Correspondence. Clerk of the Acts and llecords. Special Local Officer. (Clerks or Agents.) National Officer. County Officer. Municipal Officer. Parochial Officer. District Officer. Assistant Officers. Statist. Surveyor of Districts. Surveyor of Roads and Works. Surveyor of Buildings. Surveyor of Institutions. Surveyor of Callings. Statistical Draftsman. Accountant and Statist. (Clerks, Bookkeepers, and Agents.) Persons and Establishment. Estates and Properties. Housing, &CC. Fittings, Fixtures, Furniture, and Implements. Clerk of Covering and Clothing. Provisions. Stationery. Carriage and Locomotion. Gifts, Loans, and Charities. ^ Savings, Insurance, Investments, &c. Mechanical Assistants. Stationer. Printer. Bookbinder. Copier. Lithographer. Subordinate Mechanical Assistants. Attendants. (and Household.) Officekeeper. Housekeeper. Doorkeeper. Subordinate Attendants. &c. Messenger. Porter. 282 Oficial Organization. DEPARTMENT OF LOCAL MATTERS. All Matters have Local Relations, which, however, would not have been sufficient reason for giving a functional cha- racter to this Office, if it were not that, owing to the past state of things, and the intricate state of our Law and Policy, it is necessary to have regard in any act of Administration, or of Legislation, to other matters that have place in the same quarter. The appointment of Officers to have cogni- zance of matters in such relations is calculated to counteract the tendency to act upon partial considerations; for an Officer charged with all matters of a Local nature, is apt to have administrative qualities, which make him a good Adviser ; besides which it happens, that for purposes of Control, there must be Inspection, Superintendence, and Visitation, conducted by Officers not occupied too exclu- sively with Home Duties ; and it is better, both for the sake of efficiency, and for the sake of economy, that similar duties should be placed in the same hands, if they be not of a too special and absorbing nature. If a Committee of Privy Council were established, to assist the Secretaries of State in all Matters of a Local Nature, which, though perhaps at present, an unacceptable measure, may, if subjects continue to increase, as they have hitherto done, in number and importance, become an indis- pensable one. Special Local Officers. These Officers would have cognizance of all Matters and Interests of a Local Nature to which allusion has just been made, but they would take cognizance of Statistics in a special degree ; they may therefore be specially regarded under the designation of Department of Local Matters. 283 Statist. All Statistics have relation to Locality, more or less extended. Locality is the base or area ; and the best and surest means of collecting the needful information for facili- tating the operation in the first instance, for verifying it afterwards, and for judiciously applying it to actual affairs at last, is Local Distribution of Service. This Officer, like others, should be rather the Receiver and Compiler of other persons' collections, than the Col- lector. Each Officer should collect and return the Statistics of his own suljject matters, which will have a double opera- tion on his own Office : 1st., in ensuring adequate intelligence ; 2nd., in ensuring adequate diligence ; while, by the process of collection, it would lead to intelligence on the part of the persons with whom he must come into communication for the purpose of collection, and on the part of Functionaries of all kinds to whom the results are communicated. The pursuit and study of Statistics has been one main means of the present advancement of Public Opinion ; its , backwardness in many respects, has been to a great extent, caused by the want of Statistical Information. This Officer, to act usefully, should not act alone. His value will be in proportion to the occasion which he gives to other Departments and Officers to contribute their quota. Every Office should have its Statistical Clerk, charged with the duty of supplying the needful information, under the direction of the Chief of his Department; but for that purpose he should be trained in the Principal Department, that his contributions may come out in a shape to be readily consolidated in the general mass of information, without additional labour or loss of time. Surveyor of Districts. An Officer of this description would be useful. The conflict of jurisdictions, the defect of jurisdictions, the relations of jurisdictions, and the division, distribution. 284 Official Organization. arrangement, alteration of Districts, together with the ap- pointment of Officers within them, all matters which have for some while past been thrown upon the Secretary of State, or subjected to his veto or consent, require to such labour, an extent of deliberative character, as to make it im- possible for that High Executive Functionary, charged with so many and multifarious duties, to perform the duty. The information which must be collected, tried, and considered is much too extensive to be mastered by an active Officer. It is this accumulation of incompatible functions which makes it impossible to discharge his duties promptly. Surveyor of Roads and Works. Surveyor of Buildings. Surveyor of Institutions. Surveyor of Callings. The Designations of these Officers indicate their Func- tions, which have been called into request extensively by the Legislation of the last quarter of a century. The Survey will furnish a Completer List of such Offi- cers; and at the same time an enumeration of the duties with which they are entrusted. The use and abuse of this description of functionary is a topic of much importance, both on account of the interference of the Office with Trade, and on account of the tendency to deny the Office the very means of performing the duty without oppression. The Office should not exist without proper support, nor without proper superintendence ; but how to give the support without giving too much power, and how to supply the superintend- ence without lessening the responsibility, are problems of some difficulty and delicacy. DEPARTMENT OF SUPERINTENDENCE AND CONTROL. 286 Ojficial Organization. Department or Committee of Superintendence and Control. THE HEAD. Head, President. Vice-President. Membees. All Privy Councillors who fill the Offices of First Lord of the Treasury. Chancellor of the Exchequer. President of the Board of Control. Controller of the Exchequer. Together with the respective Members of all other Committees of Privy Council, who take cognizance of the peculiar functions of this Committee. Special Members. (Or Principal Superintending and Controlling Referees.) Special Officers having cognizance of some Principal Department of Affairs, or of knowledge or skill within the scoj)e of this Committee. Stafp. Director. Secretary. .Actuary. .Registrar. Treasurer. .Accountant. .Auditor. Remembrancer. .Superintendent. .Controller. Assistant Staff Officers. Administrative Committee. (Referees or Commissioners.) Of Administration. Of Direction. Of Inquiry. Of Special Matters. Of Legislation. Of Local Matters. Of Judicial Matters. Of Superintendence and Control. Of Finance. Of Re-^istration, Record, and Publication. Superintending and Controlling Referees. Persons, attached or unattached, who have cognizance of some special branch of knowledge or skill. Department of Superintendence and Control. 287 THE ESTABLISHMENT. Chief Officer. (Clerks and Agents.) Agent — Public and Official. Receiver and Examiner of Papers and Fees. Clerk of the Minutes and Board. Clerk of the Orders and Correspondence. Clerk of the Acts and Records. Special Supekintending and Contbolling Officer (Clerks and Agents.) Visitor. Superintendent. Inspector. Controller. Remembrancer. Assistant Officers. Accountant and Statist. (Clerks, Bookkeepers, and Agents.) ' Persons r.nd Establishment. Estates and Properties. Housing, kc. Fittings, Fixtures, Furniture, and Implements. Clerk of Coverings and Clothing. Provisions. Stationery. Carriage and Locomotion. Gifts, Loans, and Charities. Savings, Insurance, Investments, Sec. Mechanical Assistants. Stationer. Printer. Bookbinder. Copier. Lithographer. Slbordinatk Mechanical Assistants. Attendants. (and Household.) Officekeeper. Doorkeeper. Housekeeper. Messenger. Porter. Subordinate Attendants. 288 Offijcial Oryanization. DEPARTMENT OF SUPERINTENDENCE AND CONTROL. The Principal Officers of such Department would be — 1. Visitor. 2. Controller. 3. Superintendent. 4. Inspector. 5. Remembrancer. An Administrative Department or a principal Executive Department will find occasion for all the functions implied in these Offices. Indeed it will be found that they exercise them now, but by a great variety of agencies, without rela- tion to each other, and not in such a manner as to connect the Chief directly with each operation so as to give compre- hensiveness of view and unity of action. It is this necessity of bringing home all matters to the Chief, naturally and without undue or irksome exertion, at short and stated in- tervals, so that he may exercise an entire mastery over the whole range of the subject matters of his jurisdiction and agencies of all kinds that constitutes the touchstone of the fit organization of his office. It is not necessary, nor is it fit, that he should be a drudge — in all calmness and repose he should have all matters passed in array or review before him, and should by a coup d'oeil be able to see their scope, and direct his attention without embarrassment or distraction to any part that may require his special regard. As he is one, so every function beneath him should be one ; but that he may not unduly restrict the agencies beneath him, this oneness of character should not be narrow, but co-extensive with all the operations which may fall within his cognizance. Like a Merchant he should be able at any time to ascertain readily the state of his transactions. Department of Saperintendcncc and Control. 289 Visitor. This ancient Officer slioukl l)e appended to every f;reat Department of State, eitlier in the person of the Chief Oflicer of that Department, or in some Officer of nearly equal rank. The present fashion now is to postpone Visitation till every- hody is so entirely in the wrong tliat the only possil)le con- clusion is the demolition of tlie Office, or the dismissal of all the Officers ; and sometimes the efficient steps can be taken only by the agency of a Committee of either House of Par- liament, or of a Commission of Inquiry, wliich acts under the ])rejudice, of a charge, and thus has Iialf adjudged the olYender guilty before it proceeds to inquire. One advantage of this Office is, that the general doctrine relating to its functions is well settled, and might, without difficulty, be compiled as a Text-book for the Officer, and a terror to the contumacious. Many Officers hold their Offices at the pleasure of the Chiefs of Department under whom they act, but this expe- dient is not half so eflectual in keeping good order as an occasional direct visitation proceeding from it. Of course to take from the Office the character of arbitrariness, the law and usages of Office, and the regulation of Officers should be better settled. Whatever the perfection of the internal control of an office, the whole body needs the atmospheric pressure of an external control, to keep all the parts in their place; without it important functions arc apt to fall into desuetude. Controller. The Controller should be an internal Officer, acting immediately^ and reporting periodically to the Visitor as to a superior authoritv. Matters being appointed to be dune at certain times, or other certain intervals, it would be his duty to report whether they had been so done or not, liis Certificate alone should be T 290 OJ/icial Organization. the authority for the payment of remuneration, and equally an authority for any fine which might be incurred by the default. His cognizance of all affairs, especially in regard to the requirements of any superior authority, would make him a good practical adviser in that direction. He should be charged with providing adequate force, and adjusting the force to the requirements of the Office. Superintendent. The Superintendent should be the Marshal of the Office, and have cognizance of all mechanical agencies. To see that whatever is required to be done, is duly done at the right place. His more especial function would be the Superintendence of Inspectors, where they are numerous. . Inspector. Inspectors are Local Officers, Surveyors of detail. They should be inferior to the Superintendent, and under his cognizance. During the last twenty-five years this Class of Officers has been called into much request. A collation of their Reports would give a rich field of instruction, not only as to their own duties, but as to those of other persons whom they have had to control. It would be greatly desirable that the results should be compiled for general instruction, and also as a means of lessen- ing the occasion for their intervention, or, at least, for their intervention except as valuable agents for disseminating- the fuller and more accurate knowledge which they acquire in the prosecution of the duties of their Office. It is, however, desirable that Offices of this kind should be held only for a limited period, and be a step in promo- tion, or that they should be associated with other Offices of a Department, of Superintendence and Control 291 more limited nature. To retain men of great intelligence and active minds in a limited range of occupation, is to ensure their deterioration. If they pass from one pursuit to another at proper intervals, and under proper restrictions their intelligence and activity are kept alive. Besides, Offices involving much movement are apt to fatigue first, and then to disgust. Remembrancer. The office of Rememl)rancer is placed in this l)ranch be- cause its operation is of the nature of control, to which it is auxiliary. He should take cognizance of all matters in relation to time and events of all kinds, natural and appointed, and note the Agenda in relation to them. In a higher sense he would exercise the foresight of the Office, which, in the pressure of present and current affairs is often disregarded, and in Legislative and Administrative func- tions, he would probably prevent the confusion of times and seasons which balks the purpose of these functionaries. This function would make him a proper adviser, and therefore fairly a Member of the Board. It would give him an Historical as well as a mere chronological character : as useful for what is gone as for what is to come. This Office being light in its practical functions might be filled by one who has so far advanced in life as to have passed active exertion. The list of miscarriages that arise from a disregard of occasions to come, would be very numerous. It would of course be the function of this Officer to take care that arrangements should be made for the execution of future Agenda. This would l)e a means of equalizing the work, for if the current business should fail, the anticipation of work which must come at a later period, would suj)j)ly present occupa- tion ; and perhaps forestal a pressure which would be over- T 2 292 Official Orgcmization. whelming, if added to the usual amount of business. Where tlie Offices are placed in few hands, the functions of this Officer are most valuable ; because upon him, in con- junction with the Controller, would devolve the disposition of time, so as to enable each Officer to discharge his respective functions in such a manner as not to hinder any portion of the business. But it cannot be too often repeated, that it is, at all times, better that the Office should be large, and well organized, and fully manned, rather than small, with many functions placed in few hands. DEPARTMENT OF REGISTRATION AND RECORD. .CS» •>!•.•,» 29 -i Official Orfjanization. Department or Committee of Registration and Record. THE BODY. Head. President. Vice-President. Members. All Privy Councillors who fill any Office of Record. All Privy Councillors, who have been Chancellors, Masters of the Rolls, or filled any office of Record. Together with the respective i\Icmbers of all other Committees of Privy Council, who take cognizance of the peculiar functions of this Committee. Special Members. ^Or Prineipal Registering and Recording Referees.) Special Officers having cognizance of some Principal Department of Affairs, "or of knowledge or skill within the scope of this Committee. Staff. Director. Secretary . . Actuary . . Registrar. Treasurer. .Accountant and Statist. .Auditor. Remembrancer . . Superintendent . . Controller. Assistant Staff Officers. Administrative Committee. (Referees, or Commissioners.) Of Administration. Of Direction. Of Inquiry. Of Special Matters. Of Legislation. Of Local Matters. Of Judicial Matters. Of Superintendence and Control. Of Finance. Of Registration, Record, and Pub- lication. Registering and Recording Referees. Persons attached or unattached, who have cognizance of some special branch of knowledge or skill. Department of Ber/id ration and RecorcL 295 THE ESTABLISHMENT. Chief Officer. (Clerks and Agents.) Agents — Public and Official. Receiver and E.xamincr of Papers and Fees. Clerk of Minutes and Board. Clerk of Orders and Correspondence. Clerk of Acts and Records. Special Registering and Recoeding Officer. (Clerks or Agents.) Enumerator. Describer. • Definer. Classifier. Designator. Assistant Officers. {Collector. Sorter. Receiver. Accountant and Statist. (Clerks, Bookkeepers, and Agents.) / Persons and Establislament. Estates and Properties. Housing, Sec. Fittings, Fixtures, Furniture, &:c. Librarian. Index Maker, Reader. Abstractor. Extractor. TFiler. < Depositor. [Keeper of Books and Papers. Clerk of ( Coverings and Clothing. l*rovisions. Stationery. Carriage and Locomotion. Gifts, Loans, and Charities. \ Savings, Insurance, Investment, &c. Mechanical Assistants. Stationer. Printer. Bookbinder. Copier. Lithographer. Subordinate Mechanical Assistants. Attendants. (and Household.) Officckeeper. Housekeeper. Porter. Subordinate Attendants, &c. Doorkeeper. Messenger. 296 Offlricd Oryaiiizatluii. DEPARTMENT OF REGISTRATION, RECORD, AND PUBLICATION. It is difficult to explain tlie nature and use of this Depart- ment, but by reference to the numerous occasions which have occurred of late years to create Offices of Registration. The principle is very imperfectly worked out, and probably nothing but a Survey of the whole range of such duties, would discover the means of consolidating the functions and placing the whole upon a more satisfactory footing. Being a Department of Information and Advice, it should constitute a Department of the Privy Council, whose functions are all of that character. A valuable paper appeared some- while ago in the "Atheneeum" on this subject, which will repav perusal; but the subject is too copious to be touched upon here, except to indicate its importance and its relation to the general Scheme of Official Organization. It appears to me, however, that a Department of Privy Council (of which the Lord Privy Seal and the Master of the Rolls should be Members) might well deal with the subject, as it affects the Privy Council, and thus prepare the way for a more general treatment of the matter. In all cases, however, care should be taken to separate the Official Register from the Record. Tlie Assistants of this Department consist of two Classes, Intellectual and Mechanical. The Intellectual include the Enumerator, the Describer, the Defincr, the Classifier, and the Designator; and the mechanical, the Collector, the Sorter, the Receiver, the Filer, and the Depositor. The function of the former will be to index, and in some instances to exa- mine by indexing; and of the latter to keep in proper places DepaHiiiaiit of Ueyistmtivn and lircord. 2Ii7 and ill a proper manner the instruments of Registration and Kecord. All will, like other Otiicers, he required to assist the Administrator, Inquirer, Legislator, Judge, Oflieial Director, and other Functionaries, with the information in their stores, which must be forthcoming on all occasions. It is expe- dient, therefore, that the Office should be well manned, and actively superintended and controlled and it will probably be found to have a powerful effect in promoting real economy. As this Department consists to so large an extent of details, and is dependent for success on extreme accuracy in details, some of its officers must be habituated to mechanical services, which involve more or less intelligence, while all require entire reference to the occasions when the Records and Papers will be needed. I refer to those Officers whom I have designated the Collector, the Sorter, the Receiver, the Filer, and the Depositor. Some of these Officers should be well accustomed to boohs and bookbinding, to cataloguing books, and making indexes, and other subsidiary duties, which persons of these callings are in the habit of discharging. The Enumerator. The function of Enumeration is of much importance in all Departments of Administration. In Legislation it is indispen- sable. Many failures in that walk are traceable to the want of this service. It requires a patient skill and some technical facilities. Each thing or item should be separately stated and distinguished by a number. In the general Scheme of Offices, I have placed it in the Department of Registration and Record, for the sake of givnig completeness to the Registers and Indexes, and ensuring the proper tiling of information Mhich is to be found in the Memorials and Records of the Office. 208 Official Organization. The Describer. This Officer is equally important. The Enumerator will designate in short general terms, — the Describer will detail the parts of M'hich a thing consists, as well as all matters which properly fall under the description of Thing. The Definer. To Define is a necessary preparative to Classification, and deserves special treatment both on account of the peculiar powers of mind that it needs and because it is of so difficult a kind that if it l)e associated with other functions it is apt to be intermingled and blended with them. As in the case of enumeration the want of it has caused frequent failures in Legislation and in Judicial Administration. The Classifier. After the performance of the foregoing functions, of Enu- meration, Description, and Definition, this task becomes easy. It should be given to a man of action, intelligence, and steady powers of application, that the Registration may not fall in arrear. The Designator. The Designator or Name Maker would be of much use in simplifying the Law, and popularizing many matters that are veiled in description or paraphrastic allusion. It has been said that Law making is but Name making. It is clear that it serves an useful part. Our Statutory Law has been prac- tically much simplified by giving names to our Statutes. If foreign or extraneous matters were by the introduction of General Law more extensively excluded, and if a common framework Averc constantly used, the matter of the Law might be enumerated among the "Household Words" of the coun- Department of Rerjistration and Record. 21>9 try. The principle equally applies to all other things which, like Corporations, may Ije said not to have existence till they have a name. The LiBRAUiAx. In the department of Inquiry, provision is made for the Office of Clerk of the Library, but as his duties would be of u very active nature in immediate connection with pending inquiries, it is thought that an additional Officer should be provided in this Department, and that his duties should be of a different kind, that is, to take cognizance of fresh accessions of Books, and with the aid of the Index-maker, the Reader, the Abstractor, and the Extractor to dispose of the contents in a manner to be turned to ready account, by the Clerk of the Library when the occasion shall arise. Both should act in unison, and perhaps for the sake of greater mastery of their vocation, should act alternately in one or other capacity, for it is a matter to be constantly regarded that the means are never so well adjusted as when the manager of them is made actually responsible for the end. The Index-maker Is an Office well known, and not sufficiently appreciated. It is thought to be of a merely mechanical nature. It requires intelligence, painstaking accuracy, and a degree of labour which they who write currentc calcnno have little conception of. The Indexes should be very various. In this respect we should imitate the Authors or Book-makers of olden time, when men devoted a Life to a Book, and enshrined them- selves in it. There should be separate Indexes, as many, in short, as there are divisions of labour accordin Offices of Secretary of State .... Nature of Jurisdiction ..... Development of present Organization . Interchange of Officers of Department a means of in- creased efficiency ..... Contrast between the Offices of the Treasury, Secretaries of State, and Committees of Privy Council Employment of Chief Officers of Staff as Special Com- missioners or Referees ..... Application of System to Treasury Consequences of present System Mode of Application to 'J'reasury .... Development of Establishment Appointment of Remembrancer, Controller, and Super- intendent Model Office . Establishment of Illustrations of Application Requisites of Minor Offices ON OFFICES General Remarks . Creation of Offices Conditions to be regarded Preponderating force at starting to be reduced after- wards or charged witli more work Preliminaries to regular Operations House of proper description .... Organization of Estalilishment . . . . Preparation of Regulations and Forms Training of Clerks ..... Draughting Clerks from other Establishments . Superintendence of Operation of Establishing Office . Special Report of State of Office on commencing Operations The Formation of an Office Augmentation of Establishment Extension of Offices Mode of Remuneration . Modes of Extension Table of Examples of Extension by Assistance 107,108,109 Table of Official Agencies . . .110 Table of Special Agencies . . . .111 Table of Local Agencies . . .11:! Piipe 97 97 98 98 99 99 99 100 100 . 100 . 100 100, 101 . 101 . 10:^ . 103 103, 104 . 104 . 104 104 105 105 105 105 105 105 105 105 106 106 107 107 107 336 Table of Contents. Page Extension of Offices . . • • .113 Employment of Referees— each to perform his proper task 113, 114 Want of Special aid of Scientific Men . . 114, 115 List of Classes who might be employed as Special Referees, and means of employing them . . 116 Best mode to be adopted .... 116 Reduction of Offices . . . • .117 Transfer of duties of an anomalous kind . .117 Withdrawal of unnecessary Offices . . . 117 Consolidation of Offices . . . . 117, 118 Mode of Consolidation .... 117,118 Abolition of Offices ..... 118 Causes which sometimes render it necessary . .118 Cautions to be observed . . . .118 Mode recommended . . . . .118 Officers . . . . . • .118 General Remarks . . . . .118 Importance of encouraging Officers by prospect of Advancement . . . . .119 Outfit . . . . . . .119 Things necessary . . . . .119 Office Accessories . . . . 119, 120 Specification of Accessories . ' . . 119, 120 Special Uses . . . . . 119, 120 Facilities for Officers ..... 120 Diary ....... 120 Journal ....... 121 Other facilities ..... 121 Preparation of Officers ..... 121 Instruction and Training ' . . . . 121 Modes of Instruction and periods of Probation adopted by different Offices to be Ascertained and Applied . 1 22 Appointment of Officers . .' . . .122 Means of limiting abuse of Patronage . . . 122 Appointments to be notified in some public Official Gazette . . . . . .122 Instructions to be given to Examiners and published for information of public and Candidates . 122,123 Table of Contents. 337 Union of Functions in same person Functions which should not be combined Mode of Recording Transactions Discipline of Officers .... Duties of Officers .... Mode of Remuneration a means of enforcing Discipline Remuneration to be . for Acts ..... for Attendance .... for no Arrears ..... No Leave of Absence (except in case of illness) where any Arrears ..... Promotion of Officers .... System of Promotion to be a composite one Advantages of such a System Order of Promotion .... Pago 12.3 123 124 124 124 124 124 124 124 124 124 125 125 125 125 , 126 Assimilation of Service .... 12.: All Services to be Amalgamated or^ Assimilated 125, 12G Advantages of Assimilation of Services . . 125, 12G Superannuation of Officers .... 126 Superannuation to be at fixed Periods . . . 126 Persons competent to Work may claim Work in Super- numary Department ..... 126 Mode of Provision for Superannuation . . .126 ^Management of Superannuation Fund . . . 126 Exposition of Law of Superannuation Fund to be made 126 Resignation or Decease of Officers . . .127 Duty of Superintendent . . . . .127 Claims of Crown to be Ascertained and Enforced with- out loss of time • . . . . 127 Discharge or Quietus of Retiring or Deceased Officer . 127 Special Report to be made of State of Accounts, cS:c., of Retiring or Deceased Officer, and Measures taken to enfurce the Crown Claims . . . 127 College of Officers . . . 1 27 ] 2n Objects to be thereby Attained . Means to be Employed . Advantages to be Derived Official Intercourse Intercourse between Chiefs of A Simplification of Official Labyrinths . . . 157 Disadvantages now Laboured under . . 157, 158 The Reads of Departments or Offices . . . 158 Agenda in Arrear in every Department . . .158 Probable Causes of Arrear and Hindrance . . 158 Means of obviating Difficulties .... 158 Head of Department to make Annual Report . . 159 The Officer and Clerk . . . . .159 Relations in which they are to be Regarded . . 159 Requisites necessary in their Selection, &c. . . 159 Remuneration, ^c, which they are to Receive , . 159 The Member of Parliament and the Public . . .159 Present Position of ..... 159 Advantages of Systematic Preparation and Discussion of Measures . • • • • .159 The Press . . . • • ■ • 1^0 Imputations Cast upon . . ■ • .160 Nature of Functions . . . ' • 160 Advantage of giving Increased Facilities to, for Obtaining Information . . . • • .160 Advantages of Freer Intercourse between Official System and the Press ..... ^'O, 161 Publication of Official Matters, with due Reserve on proper Occasions . • • 100, 161 Special Interests ....•• 161 Pressure of Claims — Upon Parliament . • • ■*"* Upon the Minister . . • ^^^ Upon the Public . • • .101 Investigation of Claims . . . • ■ 161 Y 2 340 Table of Contents. OFFICIAL ORGANIZATION the Departments and General Remarks on the Outlines of Offices Plan of Official Organization Departments to be Provided for Principal of Official Organization Functions of different Department Description of Departments or Committees The Members Adaptation of existing State of things Nature of Office . Object of Membership The Special Members Of whom to Consist Utility of Nature of Office . The Staff Requisites for a fully Appointed Department Combination of Services for Limited Departments The Administrative Committee and Referees Duties of Commissioners .... Chief or Office Clerks .... Of whom Consisting .... The Special Officers ..... Provision for Special Services Due Provisi(m for Ordinary Matters, but scarcely any for Extraordinary ..... Accountant and Statist .... Employment of Clerks, Book-keepers, and Agents Duties to be Regarded .... Distribution according to Number Employed The Mechanical Assistants Of whom Consisting .... Intelligent Officers to Preside The Attendants and Household Of whom Consisting .... Presidency- of the Service General Remarks .... Similarity of Departments Oliject of Departments .... Cautionary Observations on Tables Table of Contents. 341 Cautions to be Observed in Considering Schemes of Offices Principles of Assigninj,' Functions Combination of Offices of Staff Alternative mode for Administrative Committee Alternative mode for Establishment Objects of Distribution of Functions Characteristic of Modern Affairs . Intelligent Persons seeking Scope in Action Narrowness of Political System Object and Aim of Proposed Organization Department of Administratiox Table of Committee of Administration, showing how it is Composed ...... 180, 181 Department of Administration . , . .182 Explanation of term " Administration" . . . 182 Nature of Administration ..... 182 Requisites of Administrator .... 182 Distribution of Agents ..... 183 Enumeration of Matters ..... 183 Advantages of . i , . . 183, 184 Clerk of the Objects . . . . . .184 Enumeration, Classification, Definition of Objects, Sec. . 184 Arrangement of Agenda, &c. . . . . 1 8o Duties of Clerk of Objects . . . 185, 186 Clerk of tlie Occasions . . . . .186 Necessity f)r in Legislation . . . .186 Necessity for in Financial Control . . . 187 Clerk of the Means . . . . . .187 What is Included under this Head . . . 187 To take Account of all New Inventions, &;c. . . 187 Description of Office . . , . . .188 Clerk of Adaptations ..... 183 What is Included under this Head . . .188 Result . . . . . . .188 Clerk of the Public Interests Conservation . . .189 Tendency of Institutions to Depart from Original Pur- poses . . . . . . .180 Expedients and l\Ieans of providing Against . .189 Duties of Clerk of, &c. . . . . .189 Similar Office exercised to a Certain extent by Clerk of the Public Bills . . . .189 Page 175 176 176 176 176 177 178 178 178 178 179 342 Table of Contents. Clerk of the Private Interests Protection Protection of Interests weaker than Institution Means of Protection Clerk of the Mischiefs and Preventions Necessity for Preventives . Means of Prevention Clerk of the Mischiefs and Remedies Clerk of the Rights and Vindications Causes of the Paralysis of Law Advantage of Knowing the Cases . 189 189 190 190 190 190 191 191 191 191 Clerk of the Offences and Penalties . . . . 191 What is Included in this Head .... 191 List to be made . . . . . .191 Advantages of Officer for Collecting requisite Intelligence 192 Odium incurred by Minister through Want of Means of Ascertaining Evidence . . . .192 Means of Counteracting Evil and Supplying Remedy . 193 General Explanatory Notes ..... 193 Department of Direction ..... 195 Form of Committee of Direction, showing its Constituent, Members, and Establishment . . . 196, 197 Department of Direction may be Combined with Adminis- tration ....... 198 Distinctions between Administration and Direction . 198 Director .... Duties of the Office By whom to be Performed Secretary .... Duties of the Office Evils of present System . Remedies .... Actuary .... Explanation of Term Duties of the Office Advantages of the Office . Registrar .... Functions to be Performed By whom to l)e Performed Advantages as an Adviser Mechanical Duties by Inferior Clerks 199 199 199 199 199 199 199 200 200 200 200 200 200 200 200 200 Table of Contents. 343 Treasurer ..... Fage . 201 Functions to be Performed . 201 Evils of present System . . 201 Accountant ..... . 201 May Act usefully as Statist . 201 Reasons for separate Officer . 201 Auditor ..... . 202 Internal as well as External Audit . 202 Place of Audit .... . 202 One Auditor for several Offices . 202 Special Auditors .... . 202 Remembrancer .... . 202 E.\planation of Office . 202 Objects of Appointment . . 203 Duties to be Performed . 203 Advantages of sucli an Officer to Minister . 203 Survey to Disclose how now Provided for . 203 Calendar — Instrument of Action . 203 Framing of Calendars . 203 Superintendent .... . 203 Range of Duties . . . . . . 203 Utility of such an Officer . . 204 Qualifications necessary for the Office . 204 Controller ..... . 204 If Office not Extensive may be Dispensed with . 204 Duties to be Performed , 204 Report of Controller . 204 Responsibility of Controller . 205 The Administrative Committee . 205 Of whom to Consist . 205 Times of Sitting . . . . . . 205 Business to be Transacted . . . . . 205 ESTABLISHMEXT . . . . . . 206 Chief Officer and Assistants . 206 Public Agent . . . . . . 206 Duties to be Performed . . . . . 206 Facilities with which he should be Provided . 206 Remuneration . . . . . . C06 Responsibilities — Cleans of Ensuring . 206 Qualifications . . . . . . 206 Assistance Required . . . . . 206 Accommodation Required . . . . . 206 Expenses — How to be Borne . 206 344 Table of Contents. Page Receiver and Examiner of Papers . . 20G To Keep Official Register .... . 207 To Prevent the Introduction of very Incomplete Docu- ments ...... . 207 Clerk of the Minutes, Board, and Hearings . 207 Nature of his Duties . 207 Clerk of the Correspondence and Orders . 207 Nature of his Duties .... . 207 Clerk of the Acts and Records . 207 Nature of his Duties .... . 207 (1) To Distinguish all final Acts from Current run of Papers ..... . 207 (2) To make Notes and Digests of important Matters . 207 Advantages of Distribution of Work as above compared . 208 Accountant and Statist . 208 Duties of . . 208 Supernumeraries .... . 209 Use of .... . . 209 Special Mechanical Services . 209, 21.5 Necessity of Employment of 209, 215 Advantages derived therefrom 209, 215 Stationer ..... 210, 211 Duties of . 210, 211 Advantages resulting from 210,211 Printer ..... 211,212 Duties of . 211,212 Modes of Printing .... 211,212 Matters to be Printed 211,212 Bookbinder ..... . 212 Advantages of Binding 212 Duties of Bookbinder .... 212 Engraver ..... 213 Duties of . 213 Advantages resulting from 213 Copier ..... 213 Uses of . 213 Duties of, &c. .... 213 The Household .... 214, 215 The Office Keeper .... 214, 215 The Housekeeper .... 214,215 The Doorkeeper .... 214,215 The Messenger .... 214, 215 The Porter ..... 214, 215 With Description of their Duties 21 4,215 Tabic of Contents 345 Page Attendant . . . . . . .216 Qmilifications . . . . . .215 Duties . . . . . , .215 DEPARTMliiNT OF INQUIRY ..... 217 Table of Comniittoe of Inquiry, showing its Constituent MenihtTs and Establishnieiit . . . 218,219 Committee of Inquiry to Constitute a Special Branch of Privy Council 220 Conduct of Inquiries ..... 220 Advantages of Committee of Inquiry or Official Inquirer to Ministur . . . . . . .220 Mode of i'ayment of Costs of Inquiry . . . 221 Agents of Inquiry ...... 221 Estal)lished Methods of Inquiry .... 221 Inquiries to be made in Public (except where Unadvisable) 221 Organization of Committee of Inquiry . . . 221 Economy and Efficiency ..... 222 Clerk of the Inquiries ..... 222 Qualifications Necessary ..... 222 Clerk of the Surveys . . . . .222 Duties of . . . . . , .222 Clerk of the Investigations ..... 222 Duties of . . . . . . .222 Imperfect mode of Operation .... 223 Clerk of the Reports . . . . . .223 Voluminousness and Immethodicalness of Reports a cause of ?>Iiscarriage of Inquiries .... 223 Duties of and Utility of Clerk of Reports . . 223 Clerk of the Instructions ..... 224 Clerks and Officers to Start in Department of Inquiry as a Means of Instruction .... Duties of Clerk of Instructions . Instruction of Clerks, &c. Clerk of the Intelligence • . Duties of . Assistance by Probationary Clerks Advantage of Collecting Information from the Public Prints ...... Clerk of the Observations .... Duties of . Collection and Publication of Observations 224 224 224 224 224 225 225 225 225 225 346 Table of Contents. Master of their Clerk of the Interrogations . Objects of Interrogation Occasions of Interrogation Advantages of Systematic Interrogation Conduct of Inquiries Mode of Examination of Witnesses Collection of Methods of Interrogation Clerk of the Library . Advantages of Lil)rary Librarian not to be Depositor of Books but Contents His Services when Required Arrangement of Library . Methods of Binding College of Librarians Clerk of the Expositions Exposition of Matters Utility of Printing as a Means Advantages of various Methods of Synoptical or Tabular Exposition Department of Law and Legislation Table of Committee showing its Constituent Establishment Duties of this Department . Staff of Officers Required Jurist .... Duties of . The Tribunalist Duties of . The Pleader . Duties of . Use of . . . The Cursitor . Duties of . Use of . . . The Formulist Duties of . Uses of . The Collector and Enumerator Duties of . Page 226 226 226 226 227 227 227 227 227 227 227 227 228 228 229 229 229 229 . 231 Members and 232, 233 . 234 . 234 . 235 . 235 . 235 . 235 . 235 . 236 . 236 . 236 , 236 . 237 . 237 . 237 . 238 . 238 . 238 Table of Contents. 347 Page The Receiver anJ Arranger . . 239 Duties of . . 239 The Stater and Compiler . 239 Duties of . . 239 The Examier and Objector . . 239 Duties of . . 239 The Trier and Recorder . 239 Duties of . . 239 Necessity for such a Process as that Proposed . 240 Clerk of the Codes .... . 240 Duties of . . 240 Countries having Codes . 240 Collation of Codes , 240 Clerk of the Consolidations . . 241 Duties of . . 241 Instances of Consolidation . 241 Clerk of the General Laws . . 241 Causes of Failure of General Laws . 241 Importance of this Subject . 241 Clerk of the Special Laws . . 242 Duties of . . 242 Peculiarities of Special Laws . 242 By whom usually Drawn . . 242 Clerk of the Supplemental Laws . 242 Nature and Exigencies of . . 242 Supplemental Laws . 242 Should Act also as Clerk of Repeals . 242 Clerk of the Bye Laws and Regulations . 243 Peculiar Treatment required in Bye Laws, & c. . .243 Failures in making Regulations . . 243 Clerk of the Digests and Text Books . 243 Object of Appointment . 243 Advantages of Text Books . 243 Clerk of the Instructions' . 244 Instruction a Means of effecting Impro vements in Economy .... . 244 Requirements of the Service . 244 Clerk of Legislative Matters . . 244 Necessity for such an Officer . 244 Consequences of the Want of . 244 Duties of . . 245 348 Table of Contents. Page Consolidation of the Law ..... 245 Advantages of an Office Constituted for the Purpose . 246 Outline of Proposed Office or Special Commission 246, 247 Members ....... 246 Jurist ....... 246 Tribunalist . . ... . .246 Pleader 246 Cursitor ...... 246 Formulist ...... 246 Duties of jVIembers ..... 246 Mechanical Assistants ..... 246 Stationer ...... 247 Printer . . . . . .247 Bookbinder . . . . . .247 Lithographer ..... 247 Copier ....... 247 Mode of Action . . . . .247 Official Staff 247 Suggested Unpaid Commission .... 247 Of whom to Consist ..... 247 Committees of ..... . 247 Periodical Reports to ... . 247, 248 Assistance to be Afforded ])y Legal Members of Public Offices, &c. ...... 248 Voluntary Assistance to be Invited .... 248 Preparation of Scheme ..... 248 Suggestion for Examinations of Candidates for Professions in the Consolidated Law ..... 248 Estimate of time Required ..... 249 First Year — Preliminary Inquiry, Plan, and Instruction . . 249 Reports ....... 249 Second Year — Collection, Preparation, and Compilation of Materials . 249 Third Year- Ascertainment of Questions .... 249 Fourth Year — Preparation of Laws, Consolidation, and Code . . 250 Fith Year- Examination and Revision .... 250 Sixth Year — Recognition of Services Superintendence of the Operations 260 250 Table oj Contents. 349 General Considerations Means of ISuccess . Objects to be Attained lle(juironients to be Regarded Consequences of Disregarding Objects and Advantages of Proposed Arrangements Employment of Skill in Wrong Directions Pre-appointment of Stages of Work Payment of Work .... Page 251 251 251 251 251 252 252 252 262 Department of Judicial Matters .... 253 Table of Committee of Judicial Matters, showing its Con- stituent Members and Establishment . . 254, 265 Judicial Committee of Privy Council already Existing Advantages of Judicial Officer for each Great Department . Uses and Duties of . ..... Employment of Official Persons to give aid to Head or Judge ....... Ascertainment of Private Methods of Assistance employed by Judges ...... Withdrawal of Judicial Business from Courts of Justice To whom to be Referred . Clerk of the Statements . Duties of . . . Clerk of the Questions of Law . Duties of . . . Clerk of the Questions of Fact . Duties of . . . Clerk of the Judgments . Duties of . . . Clerk of the General Matters and Appeal Duties of Clerk of the Rights and Obligations Duties of . . . Clerk of the Jurisdictions Dutes of . . . Clerk of the Allegations and Pleadings Duties of . . . Clerk of the Procedure Duties of . . . Clerk of the Forms Duties of . . . 256 25G 256 268 259 259 259, 260 . 260 . 260 . 260 . 200 . 260 . 260 . 260 . 260 . 260 . 260 . 260 . 260 , 260 . 2G0 . 261 . 2G1 . 262 . 262 . 262 . 262 350 Table of Contents. Department of Finance and Trade Table of Committee of Finance and Trade, sliowing stituent Members and Establishment Functions of Committee Special Members, Staff,