036_194V.xml

Title: [[036-194v] 1821 Nov. 23 Codification]

Description: [036-194v]

1821 Nov. 23

Codification Proposal

Abridgm t

'.9. Draughtsman gratuitous

III On the part of the work, on the one hand comparative inaptitude through precipitation, or on the other hand needless and useless delay up to final non-execution, according to the mode in which the pay is connected with the looked for service.

Apply the pay in one way, the work suffers for want of time to do it well in: apply the pay in another way, the work lingers, and for a time more or less considerable the benefit of it is lost; apply it again in another way, the pay is continually received, and the work never executed.

1. The work suffers for want of time to execute it in, - if, a time being fixed, after which no draught shall be received, the interval allowed is not sufficient for giving to the work that degree of aptitude which a greater length of time would have given to it: the ablest workman either shrinks from the work, or by haste is prevented from giving to it that degree of aptitude, which, in a greater length of time he would have given to it:

2. The work will be apt, - not to say will be sure, to linger - if the reward, in the shape of pay, and in all shapes taken together be so ordered, that the workman sees more profit for himself by delay than by dispatch

3. The work will never be executed at all if the connection between reward and service be so formed, that, on the completion of the work, the condition of the workman would, instead of being bettered be or be in danger of being rendered worse.

An example of this last arrangement, and of the effect of it may serve for the second likewise. Before me

JB_012_072v.xml

Title: [1821. Novr. 10th. Codification Offer]

Description: 1821. Novr. 10th.

Codification Offer

Abridgmt.

'.9. Draughtsman gratuitous.

As, by the supposition, the sort of work in question is no other than an original

draught, subject to rejection and to unlimited alteration at the hands of the

Legislature, nor yet is there anything either incongruous or improbable in the

supposition that instead of a Committee of the Legislative body, the appointment

may be in the hands of a Member or certain Members of the Executive department.

Another course, is - to attach to this service remuneration in a pecuniary shape

to a determinate amount, receivable by one or some other determinate and thence

limited number of individuals, to be chosen in the way of election by the whole

of the legislative body: namely, either before the service rendered, and thence

in expectation of the receipt of it, or not till after the service rendered, and

thence in recompense for it.

Still, lodge it where you will, lodge it in one of these quarters or in another

- lodge it in any other - patronage is the instrument the work is done by and

patronage is in the unalterable nature of things a source and instrument of

corruptive influence. No correction is it susceptible of other than that which

has place in so far as the functionaries, in whose hands it is lodged, are

removable by the secretly /suffrages - the secretly and thence freely/ given

suffrages of the people. But in its application to this case in particular, the

remedy would have less virtue - less efficiency - than in any other. In this

case The degree /amount/ of their relative and comparative incapacity, would be

/on the part of the people will naturally be/ as the magnitude of this

all-comprehensive whole, compared with the magnitude of this or that particular

part, of the aptitude of which they are best qualified to judge.

III. The work suppressed, retarded, or by over haste deteriorated. Now comes in

the circumstance of time. Where factitious reward is the moving power, in the

chart /ocean/ of time, two opposite rocks - precipitation and delay - may be

seen opposing themselves: opposing themselves in such sort, that to prevent the

work from making shipwreck on the one or the other, no inconsiderable portion of

care and skill will be necessary: more than any which has been usually

exemplified or appears probable. In one case, the work will be produced, but in

such sort as not to be fit for use: in the other case, it may happen to it not

to be produced at all. Take, in

036_202V.xml

Title: [[036-202v] 1821. May 11. Codification]

Description: [036-202v]

1821. May 11.

Codification Offer

'.10 Offer /9 Draughtsman gratuitous/

'.10. Offer relative to a work of the sort above described.

Of the sort of work the demand for which, as above, has place in every nation, and in every nation remains as yet unsatisfied, a /the/ description has now been given. For the service of any nation on the globe, this demand the author of the address is ready and willing to do what depends upon him towards satisfying. Of his readiness for this service, sufficient intimation was, indeed, afforded as long ago as the year 1817, by a publication of his in English intituled "Papers relative to Codification" &c. But, though that publication forms an 8 vo. volume, it contains no more than a part of the testimonials, by which this offer is accompanied. Nor, of the topics touched upon in this address, will any (it is believed) be found there brought on the carpet, with the exception of those which regard all-comprehensiveness and the rationale.

In the publication just mentioned, the anticipated rejection of reward of a pecuniary nature, in any shape, stands announced, and, of the seriousness of the declaration, proof afforded: afforded by the mentioned return of a present from the Emperor Alexander. But, on the subject of the importance of that condition to the usefulness of the service, nothing would in that place, (it is believed) be found. This deficiency has been herein above supplied.

The shape of such reward would either be that of a benefit conferred, the whole at one time, or that of a benefit conferred in parts at different times: viz, as the phrase is, by instalments: in which latter case the simplest and most ordinary form is that of an annuity for life or years. Paid at once, it would naturally be paid, either before the commencement of the service, or not till after the conclusion of it. Paid in the whole before the commencement of the service it would render the whole of the service altogether precarious, and in this way every thing that by improvidence in the arrangement could be done towards giving to uncertainty its utmost degree, would manifestly be done. Paid no part of it till after the completion of the service, it would operate as a reward - a bounty - for precipitation: for precipitation, and thereby for imperfect and unapt performance: while, on the other hand, by the uncertainty manifestly attendant on the event of completion, the value of the reward, to a very considerable degree, and with it the probability of its finding acceptance on the part of any competent hand, would be

subjected