date

[036-187v] 1821 Codification
[036-187v]

1821

Codification Offer

'.9. Draughtsman gratuitous

These things being assumed, remains the question - whether, supposing it to be in the power of the operative rulers of any political state to obtain a work of the kind in question /above description/ upon terms purely gratuitous, whether it be from a foreigner or from a native, the opportunity ought to be neglected whether in a word any remuneration ought to be attached to the service, so long as there was an adequate assurance had place that from a hand, affording a promise not inferior to that afforded by any other hand known, a Code of the description in question might be had were to be had /was obtainable/.

on this occasion it is that the diversifications following have come in view.

Suppose the terms gratuitous all difficulty vanishes. Let the draughts about to be offered be ever so numerous, the operative rulers on whom it depends need be under no difficulty about engaging to take them under consideration when presented, allowing for the framing of all such draughts a reasonable quantity of time
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    Regard being all along had to the abovementioned diversifications,

    now then as to the terms themselves.

    Considered with relation to money, the relinquishment will, in the

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  • Title: [1821 June 18 Codification Offer]
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    '.9. Draughtsman gratuitous

    Suppose a remuneration undertaken for, then /thereupon/ come the diversifications

    and with them a correspondent choice of evils

    I. Remuneration

    1. The remuneration may in value and shape be unliquidated or liquidated

    2. Supposing it in the whole or in part pecuniary In respect of time of payment

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    II. Number /II. Candidates - Number of/ of the persons by whom an assurance or a

    chance of obtaining it shall be possessed

    If one only, the chances against the obtainment of the most apt are an indefinite

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    being excluded, even that one will not be so apt as by competition he might have

    been rendered.

    If a number, then by what number? Shall they each /every one/ of them, as many as

    offer /send in each of them a Draught/ be assured of pay, or shall the pay be

    confined to a limited number

    III. Patrons number of

    If the number to be paid for be limited, then so it may be that more draughts

    than there is pay for may be offered. In that case some person or persons there

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    received. This person or these persons are thereupon patron or patrons with

    relation to the office: Patrons Shall there be more than one? if more, how many?

    What may be true is - that by refusing pay, you may exclude men in a number more

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    you can not fail in the first place to impair the quality of the work, in the

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    '.9. Draughtsman gratuitous

    In the above disquisition, what is assumed is as follows 1. that, on the ground of the reasons above brought to view the Draught of the original Code being all-comprehensive and rationalized is to be in so far as life permitts, the whole of it the work of one and same hand: 2. and that it is not to be the work of any person or persons invested with any share in the sovereign operative power: it being reserved for them to go to work upon it and put the last hand to it, and finally put /attach/ their sanction to a Code of the draughtsman in question containing so much, if any thing, of the original Code as they shall have approved of: and that in case of competition, if two Codes already drawn, on all other grounds possessing an equal claim to acceptance, one having for its draughtsman a native, the other a foreigner, the one drawn by the foreign hand affords as far as it goes (for there seems little probability of its being by any such hand rendered in all its details compleat) possesses the fairest title to acceptance: at the same time, it being considered that of the obtaining from foreign hands a number of works of this description, or even so much as a single work there can not be any thing like a full assurance, the case of its being the work of a native can not be left out of the account.