BRIBE, a reward given to a public officer or functionary to induce him to violate his official duty for the benefit or in compliance with the wishes of the party by whom or on whose behalf the bribe is given or promised. Bribery, at common law, is the receiving or offering any undue reward by or to any per son whomsoever, whose ordinary profession or business relates to the administration of public justice, in order to influence his be havior in office and to incline him to act contrary to his duty and the known rules of honesty and integrity. Certain writers limit bribery at common law to persons concerned in the administration of justice. The offense is much broader than this according to the weight of authority. It is said by Bishop to be the vol untary receiving or giving of any thing of value in payment for an official act done or to be done, and that it is not confined to judicial officers or other persons concerned in the administration of justice, but that it extends to.all officers con nected with the administration of the govern ment — executive, legislative and judicial, and, under the appropriate circumstances, military. In nearly all of the States of the American Union, however, the offense is now defined by statute, so that a resort to common law is not often necessary, except for general principles. Bribery may be committed with respect to offi cers de facto as well as officers de jure. The offense of the giver and of the receiver of the bribe has the same name. For the sake of dis tinction, that of the former—that is, the briber — might be called active bribery; while that of the latter—that is, the person bribed—might be called passive bribery. The thing offered or accepted need not be money, but may be prop erty, services or anything else of value. It must be of some value, but as the essence of the of fense is its tendency to prevent justice in any of the departments of government, executive, legislative or judicial, the degree of value of the bribe is not essential. It has been held, however, in Indiana, under a statute prohibit ing the giving or receiving anything of value, that an officer who received a note could not be convicted, because the note, not being enforce able, was of no value.
At common law and under the statutes, in order to constitute bribery there must be a cor rupt intent to influence the officer or other per son, or on his part, to be influenced, in the discharge of his official duties. It is not essen tial, however, unless specially required by a statute, that the act induced, or sought to be induced, shall favor, aid or benefit the person giving the bribe himself. The act which is in duced or sought to be induced by the bribe must be an act it' discharge of a legal duty. It is not bribery if the act is in discharge of a mere moral duty. Bribery is regarded in the United States as being of such a serious nature that it is made a felony in nearly all of the States, and the punishment for the various spe cies of bribery may be, in New York and many other States, imprisonment for a period not ex ceeding 10 years. ''Bribery at common law, in a judge in relation to a cause pending before him, was regarded as an offense of so grave a nature that it was sometimes punished as high treason before the 25 Edw. III, and at this day is certainly a very high offense and punishable not only with forfeiture of the of fender's office of justice, but also with fine and imprisonment;' etc. Bribery in England is pun ished in inferior officers with fine and imprison ment, but in judges, especially the superior ones, it has always been looked upon as a heinous offense. In the United States in many juris dictions bribery at elections, either effected or attempted, is a disqualification for office, and an election procured by bribery is void. An at tempt to bribe, though unsuccessful, has been held to be criminal and is punished in many States as severely as the substantive offense. The reason for the law is plain. The offer is a great temptation to the weak or depraved. It tends to corrupt, and as the law abhors the least tendency to corruption, it punishes the act which is. calculated to debase, and which may affect, viciously, the morals of the community. See Commun. Priacricss Acr.