[036-173v]

1821. Nov r. 9th.

Codification Offer

Abridgm t.

'.9. Draughtsman gratuitous

'.1. Gratuitous what

Reward factitious - natural

'.9. The greatest happiness of the greatest number requires, that the original draught in question be, if possible, drawn up gratuitously: in such sort that no factitious reward, established for the purpose, at the public expence, shall be either received or expected for it: but that, under that restriction, the number of rival works be the greatest obtainable.

So far as life and ability continue, one such hand and that (as per Section 8) a foreigner's the people in question may be assured of. But, obviously, by no such assurance, the uncertainties attached to life and faculties considered, could the demand for other hands for this same work, even on the supposition of a general superiority of aptitude on his part, be superseded.

2. Even at present, by the mere circumstance of his being a foreigner, his appropriate aptitude stands precluded from being, in the sense requisite to the occasion, all-comprehensive: even if entire as to the outline, it could not be so as to the filling up: even if entire as to all generals, it could not to a practical purpose, be so, as to all particulars comprehended under them: were it in other respects ever so consummate, something on the score of local circumstances, something, to an amount more or less considerable, could not fail to be wanting to it.

Even upon the supposition most favourable to any such proposal as the present, - here then will come in the demand, at any rate the eventual demand, for other hands:- for other hands, and those native ones.

What remains, is - that they may be as apt as the nature of the case admitts, and among such as are so, that the number of those, whose works the constituted authorities have to choose out of, be correspondently copious. Of this, more particularly further on.

As to gratuitous, what is here meant by the word may perhaps be considered as being already pretty sufficiently explained. By this explanation, one mode of remuneration will, upon consideration, be found not to stand excluded. This is - the prospect of being, in the event of an adequate display of appropriate aptitude, appointed to fill this or that official situation: this or that situation already in existence, and by the pay and power, or at any rate by the power, attached to it, suited to the importance and dignity of the service.

Abstractedly
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    Description: [036-172v]

    1821. Nov r. 9th.

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    ' 9. Draughtsman gratuitous

    '.1. Gratuitous what.

    Reward factitious - what

    Abstractedly considered, reward in this shape may seem capable of being ranked under the denomination of factitious reward: but, considered in its application to the sort of service here in question, presenting itself without need of promise, as it will naturally be apt to do to all eyes, - it may on this account be referred to the head of natural reward. Unexpensive, if not strictly speaking gratuitous, may the service be stiled, at any rate: because, from remuneration given in this shape no additional expence to government, no additional burthen to the people, is the result.

    As in Spain and Portugal, so in every other country in which the business of legislation is in the hands of a body of Representatives chosen by the people, that part of the business, which consists in the preparation of any such body of proposed law for the consideration of the whole Assembly, will be in the hands of a select few, under the name of a Commission or Committee. In any such hands, attaching to the exercise of this function, any specially appointed factitious reward, in the shape of pay, or in any other shape, is as far from being customary, and thence from being probable, as it is from being eligible.

    But it has been shewn that in hands so situated, the business, of preparing a proposed Code in the first instance for the consideration of the whole body, could not, although in appearance ever so gratuitously performed, be lodged without the most serious inconvenience.

    The hands so situated being supposed rejected, hence the necessity of looking out for others. To these extraneous hands, factitious reward, in some shape or other, at the expence of the public, will either be given, or not. If it be given, the case is a case of patronage; and the number of those by whom it shall be capable of being received, must of course be limited: if it be not given, reward being in the natural shape offered to view, but in no other, the number of those to whose eyes the prospect of it is opened, and whose service in the shape in question may be obtained, is naturally unlimited: and in this case patronage bas no place.

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  • Title: [[036-191v] 1821 Aug. 19 Codification]
    Description: [036-191v]

    1821 Aug. 19

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    Abridgm t

    '.9. Draughtsman gratuitous /'.10. Legislation School/

    /'.2. Advantages/

    Be the sort of work what it may, the stronger a man's relish for it, other things being equal, the higher is the degree of aptitude he is likely to give to it: and without some degree of relish that any tolerable degree of aptitude should be given to any such work is next to impossible. The more persevering the course of labour necessary to the execution of the work, the more indispensable is this relish, /is the possession of the qualification thus denominated,/ in the character of a necessary condition to the aptitude of the work so executed. Suppose no reward attached in any factitious shape, the probability is - that the natural reward will be put in for by all by whom the relish is possessed and by none by whom it is not possessed: by all with the exception of those men who stand excluded by inability to find the means of subsistence during that time. Apply the factitious reward the probability is that it will be put in for by those and those only, who to a relish for the factitious reward - say in a word for money - add a hope sufficiently assured, of being taken for objects of preference, by those in whose hands the power of patronage is regarded as being lodged.
  • Title: [1821 Aug. 19 Codification Offer Abridg ']
    Description: 1821 Aug. 19 Codification Offer Abridg '.9. Draughtsman gratuitous '.1

    Gratuitous what Reward factitious natural

    As to gratuitous what is here meant by the word may perhaps be considered as

    being already pretty sufficiently explained. By this explanation one mode of

    remuneration will, upon consideration, be found not to stand excluded. This is -

    the prospect of being in the event of an adequate display of appropriate

    aptitude, appointed to fill this or that office already in existence and by the

    pay and power, or at any rate by the power attached to if, suited to the

    importance and dignity of the service

    Abstractedly considered, reward in this shape may seem capable of being ranked

    under the denomination of factitious reward: but considered in its application

    to the sort of service here in question, presenting itself to all eyes, as it

    will naturally be apt to do without need of promise, it may on this account be

    referred to the head of natural reward. Unexpensive, if not strictly speaking

    gratuitous may the service be stiled at any rate because from remuneration given

    in this shape no additional expence to government, no additional burthen to the

    people, is the result.