[036-191v]

1821 Aug. 19

Codification Offer

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.
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  • Title: [1821 Aug. 19 Codification Offer Abridgmt]
    Description: 1821 Aug. 19 Codification Offer Abridgmt '.9. Draughtsman gratuitous /'.10.

    Legislation School/ /'.2. Advantages/

    To the earning of a factitious reward in any shape some time (it will be seen as

    above) mist of necessity be appointed. But to the time for earning the

    abovementioned natural reward, no limitation need be or ought to be appointed.

    The desire and endeavour to execute the work as well as possible and the

    endeavour to execute it as promptly as possible will go hand in hand, and

    operate as checks to each other. If by desire of dispatch, one man is driven to

    give in his work in a state of aptitude inferior to that which by more long

    continued labour he could have given to it, others may in consequence of this

    inferiority obtain (he sees) the preference. If, through anxiety to give to his

    work every degree of aptitude in his power he delays too long, others may step

    in before him. If the reward be of the factitious kind only as above, his labour

    is equally lost in both cases. If it be of the natural kind only, as above

    explained, it can never be altogether lost: if appropriate aptitude in any shape

    be displayed in the work let it come in ever so late, it will not come

    absolutely too late.

    The service to which the factitious reward is appointed can not be any thing

    less than the production of an entire Code, applying to that part of the field

    which is fixt upon for the purpose: to those only, who regard themselves as

    capable of performing the service - of executing the work - in such entirety,

    can any prospect of reward be open - any adequate inducement be presented. But,

    in the field of legislation, over and above the masses of service they compleat,

    others indefinite in extent, number, and value are capable of being rendered. To

    the production of these minor lots of service, the natural reward, not having

    any determinate limits to it, is compleatly well adapted. To him who, to the

    satisfaction of the competent judges, shall have produced a body of law

    extensive enough to cover the whole of the allotted field, and well enough

    executed, - well enough if not to receive as the Spanish Constitutional Code

    did, to receive, as it stands, and without any the slightest alteration the

    legislative fiat, still well enough to serve as a groundwork, to which all

    ulterior arrangements shall be applied in the character of amendments, - to such

    a work will be of course allotted the largest share of estimation and naturally,

    sooner or later the most valuable official situations. At the same time neither

    need he by whom a suggestion of any the most inconsiderable arrangement has been

    made, some encrease in utility in any shape be afforded by it, be left

    altogether without reward: the reward being in the nature of it capable of being

    bestowed and in any [...?] of an indefinite multitude of degrees, without any

    addition to the expence
  • Title: [1821 June 18 Codification Offer]
    Description: 1821 June 18

    Codification Offer

    '.9. Draughtsman gratuitous

    Give pay you may have workmen in any numbers who are averse to the work. /to whom

    the work is more or less unpleasant./ Refuse all pay, you can have no workmen

    who are not enamoured of the work: and forasmuch as public esteem and admiration

    can not fail to attach itself upon every candidate, in proportion to the place

    /allotted height of the level/ which by /according to/ the judgment of the

    public eye is occupied by his work in the scale of aptitude by his work upon the

    whole, the nature of the work considered the probability seems to be that on

    these terms apt workmen more in number, and on the part f the most apt a work

    possessing higher aptitude would be obtained than by factitious remuneration in

    any shape and quantity in which it could be applied /the longer and more

    laborious the undertaking is, the higher the degree of relish proved by it.

    On these terms would candidates be wanting? Never fear it./

    As on /in/ every other subject /cause/ so on this, the tribunal of public opinion

    would not be corrupted: as in every other case where the judges are not

    removable by the tribunal of public opinion, be the judges who they may, their

    judgment is almost sure to be corrupted.

    None it is true but them who could afford to work for nothing would attach

    themselves to this work. But in every country more there are who to a competence

    /aptitude/ in this respect, acquired or acquirable, add the capacity of working

    for nothing: in England in particular they are innumerable /exist in multitude/

    Even in /under/ the existing order of things were an invitation to this effect

    given given by the existing rulers not only works of this sort would be obtained

    in multitudes but among them even those on the good side having for their object

    in view as well real as professed the greatest happiness of the greatest number.

    What? and under any such expectation as that a work having that or any thing

    appertaining to it for its object would be carried into effect? No most

    assuredly: the very supposition is scarce endurable But this being the good and

    honest side, this is the side on which talent may most advantageously be

    displayed The value of the man in the scale of aptitude would stand manifested,

    and suppose him able to open his mouth in Parliament with tolerable effect - to

    have the gift of tongues in the parliamentary sense and the price he would fetch

    in the market would be proportionable.
  • Title: [1821 June 15 Codification Offer '. Draughtsman]
    Description: 1821 June 15 Codification Offer '. Draughtsman gratuitous

    Lay all factitious reward out of the question, this inducement is without a

    rival, and conduct is determined by it. Add now the reward, the legitimate

    inducement /motive/ but now a rival, and that rival inducement is a sinister

    one. Here is a mass of the matter of reward which the patron has it in his power

    to put into the pocket of this or that connection or dependent of his - an

    /some/ individual perhaps even in such sort dependent, that by whatsoever the

    one puts into the pocket of the other, he saves himself from so much loss. In

    sech case according to probability, though by no means to a certainty, he will

    not put the reward into the pocket of a man flagrantly /compleatly/ unapt: still

    however among all who present themselves to his view as capable of passing

    muster without flagrant disgrace to himself, the odds will be an indefinite

    number to one against his taking in such a case that proposable individual in

    whom, even in the eyes of the patron himself the maximum f appropriate aptitude

    would be to be found.

    Suppose that to avoid or at least lessen this inconvenience, consideration had of

    the importance of the service remuneration should be provided for competitors

    more than one.