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[036-169v]
1821 Nov r 26 /Dec r 23[?]/ /1822 Feb. 13/
Codification Offer
'.5. Admission Universal
Objections answered
4. For Draughtsmanship, a foreigner as such, affords peculiar promise. Cause or reason - Exception from the sinister action of native particular interest and prejudices
So much for a general and preparatory intimation. Clear, correct or adequately comprehensive the idea thus conveyed can not as yet be expected to be. To invest it with those several qualities will be the endeavour of the ensuing pages.
First as to singleness in preference to multiplicity of hands.
6. Objection 6. The open mode is ineffectual to its proposed purpose. Be the draughts ever so numerous, the constituted authorities will still do with them as they please. Of each draught, they will make more or less use, or no use at all, as best suits their views: by the supposition no more on this occasion than on any other are they subject to any legal controul.
Answer. True: not to any controul other than that moral controul which is applied by the tribunal of public opinion. But this controul it is the design, and will be the effect of the proposed open mode to apply in the most efficient manner: and be it or be it not sufficient the situation of the authorities in question puts an exclusion upon every other. In what way, in the instance of every rationalized code, the rationale interwoven with it will operate in the character of a bridle has been shewn above: (See Sections 2 and 3:) as also upon whom it thus operates. In every aptly penned draught the constituted authorities whose decision it will call for will see and feel a bridle: a bridle which they will be restrained from treating it with neglect: a bridle the power of which will be in proportion to its aptitude. In the text itself, were that all, their power would feel a snaffle: and to this snaffle a curb is added by the rationale. Take the case of the Representatives of the people. By and by come the Elections: and then come questions upon questions to them. Here is this draught (naming it): in it were all these good things naming them). All neglected: and your will /you/ for the neglect, or you let it pass without voting against it. What have you to say for yourself?
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Title: [1822. Feb 15. Codification Universal]Description: 1822. Feb 15. Codification Universal. '.5. Admission Universal Quere inserendum &c? Objection 5. The open mode ineffectual to its proposed purpose. Be the draughts ever so numerous, the Constituted authorities will still do with them as they please. Of each draught they will make more or less use, or no use at all, as best suits their respective purposes: by the supposition, no more on this occasion than on any other, are they subject to any legal controul. Answer. True: not to any controul other than that moral controul which is applied by the tribunal of public opinion. But this controul it is the design, and will be the effect, of the proposed open mode, to apply in the most efficient manner: and, be it or be it not sufficient, the situation of the authorities in question puts an exclusion upon every other. In what way, in the instance of every rationalized Code, the rational interwoven with it will operate in the character of a bridle, has been shown above: (See Sections 2 and 3.): as also upon whom it thus operates. In every aptly penned draught, the Constituted authorities, whose decision it calls for, will see and feel a bridle: a bridle by which they will be restrained from treating it will neglect: a bridle the power of which will be in proportion to its aptitude. Even In the text itself, were that all, their power would feel a snaffle: and to this snaffle a curb is added by the rationale. Take the case of the Representatives of the people. By and by come the Elections: and then come questions [...?...?] to them. Here is this draught (naming it): in it were all these good things (naming them): all neglected: and you will /even you/ let it pass without voting /giving so much as a vote/ against it. What have you to say for yourself? For having thus done what justification or excuse can you pretend?
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Title: [[036-142v] 1822 Feb. 18 Codification]Description: [036-142v] 1822 Feb. 18 Codification Offer '.5. VI. 2 Each rationale is a grind-stone for the nose of the tyrant /In each Code with its rationale the nose of the tyrant the nose of the corruptionist may be made to feel a grindstone. No public meeting can there be in which it will not be in the power of any man to hold them to it./ Even the greatest happiness principle is that same implement in miniature. A key, a lamp, a standard measure, a bridle an anchor, a grindstone the rationale is /may be seen/ a talisman that upon occasion assumes all these forms To /By/ that portion of the aggregate of legislative power which is in the hands of the delegated representatives of the people to that and alone is that bridle in any immediate way applied the demand for which is in the case of every branch of power so indispensable. The /By the proposed/ unlimited assemblage of the proposed original draughts with their respective rationales the bridle will apply to every other functionary by whom any portion is possessed /shared/ in the power of legislation by whom any portion of legislative power is possessed and exercised: by the Monarch for example, of /and/ that one of his Ministers by whom under a Constitution which admitts of such interference any such original draught may come to be produced, and to be submitted to those by whom the /any ulterior/ remaining portion of legislative power is possessed and exercised. On this functionary /In this case/ though on one account the force of the bridle will be less than in the preceding case, on another account it will be greater. The circumstance by which it is diminished is the want of that personal contact which on various occasions is [...?] to have place between the delegated representatives of the people and their Constituents. The circumstance by which it is encreased is the superior degree of responsibility which as will shewn presently has place in the case where the hand by which a law as a measure of government is brought forward is but one compared with the case in which a number of hands greater than one have each of them a part in the business.
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Title: [1821 Nov. 28 Codification Offer '.8. Foreigner]Description: 1821 Nov. 28 Codification Offer '.8. Foreigner best Right and proper interest a foreigner is susceptible of By the supposition his aim is to produce such an original draught as whatever may be the modifications applied to it - applied as they can not but be by the constituted authorities shall remain the manifest basis and groundwork and predominant matter of the all comprehensive Code. But for the accomplishment of this object it is not possible that the should look for favour to any other quarter than the good will /good opinion/ of the people. For as to the constituted authorities between him and them there is not /can not be/ it has been seen any community of interest: between him and them there can not fail to be an opposition of interest can not fail to have place. It has already been shewn, that between the rulers /constituted authorities in every situation/ even in the situation of those who are what they are by means of the /that/ constitutive power which is in the hands of the people these representatives /agents/ can not act but under the pressure of an interest opposite to that of their principals. His situation is therefore that of an adversary to them on two distinguishable accounts as being a rival and competitor seeking to apply a bridle to their power; and in having one common interest with that body namely the greatest number of the community whose interest they are by their own sinister interest continually exposed to sacrifice, and who in proportion to the [...?] of the resistance they make to that sacrifice, will be to them as adversaries. He is on his own account their adversary: and he is so in virtue of his connection with those whom they necessarily behold continual opponents and as such adversaries. Here if not long before, a question can not fail to have presented itself. Those on who the giving acceptance to your proposal being thus decidedly /surely/ and in their hearts unchangeably adverse to it, to what end do you make /proffer/ it? in what hope can you have thought of making it? To this question the answer will be found in the concluding section.
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