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[114-012v]
1821 June 14
Codification Offer
'. Draughtsman gratuitous
Instead of one patron to the four offices, now suppose two patrons, each appointing to two offices. In this case, it is not easy to say how the matter is mended: it might be at least as easy to say how it is made worse.
Let three be now the number of the patrons. Suppose these to agree, here then will be one appointment for each: remains one other which they will have to settle among themselves as they can agree. If they can not agree, thereupon, either the fourth office remains unfilled, or a sort of election takes place: by something which is accepted as an equivalent, the most influential satisfies the two others, and it is thus by his choice that the fourth office is filled.
Thus far the matter is seen at its utmost pitch of simplicity. The number of the offices to be filled being as above but four, let now the number of applicants be five. The plot now thickens: and a complicated election with all its intrigues takes place.
On every such occasion, be this position kept in mind. Wheresoever there is a public function to be performed, & a mass of emolument is attached to the exercise of that function,- more particularly where the appointment is in the hands of one patron or a small number of patrons - and no power of removal is in the hands of the body of the people, or of persons removable by them, the emolument is the primary object of attention & solicitude: the aptitude, of the service rendered by the exercise of the function, being at best, but a secondary object. To the truth of this position, an exception suppose is here and there to be found: still such exceptions are rare: under the English Government at any rate - (and except that of the Anglo-American United States no other full settled Government so good is as yet to be found any where) - at the best extremely rare. If the existence of any such exceptions be admitted, still no difference would result as to the practical conclusion:- as to the course of proceeding most proper to be adopted.
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Title: [1821 June 15 Codification Offer ']Description: 1821 June 15 Codification Offer '. Draughtsman gratuitous If the service is to be not gratuitous but remunerated, think of the mode in which the matter of reward will be to be connected with the service. Choose what mode you will, difficulties and evil effects spring up in swarms: difficulties, none of which has place if the service be gratuitous, if remuneration be excluded. If reward is to be attached, draughtsman as above supposed one and no more, competition will either be excluded or admitted. First let it be excluded. Here then by the mere arithmetical operation of the arrangement, the chances against the maximum of appropriate aptitude are as an indefinite number to one. But by the mere circumstance of the intervention of factitious reward the effect will be to produce an ulterior reduction in the probability of the attainment of that same maximum. This not being among the cases in which in the way of direct election or direct removal, universal suffrage can be employed with advantage, the power of appointment must be in the hands of some one individual or of some greater number of individuals. For responsibility, as above+ the aptest number that can in such a case be fixed upon is number one: say then patron one. Now mind the effect of the arrangement upon this one. Here then we have a single patron, who as being single feels himself responsible at the bar of public opinion for the aptitude of his choice. Here then is an individual to make choice of that one individual whoever he be in whose instance in the judgment /eyes/ of him the patron, appropriate aptitude is at its highest pitch. Suppose + See '.5 Draughtsman single
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Title: [1821 Nov. 8 Codification Offer Abridgmt]Description: 1821 Nov. 8 Codification Offer Abridgmt '.9. Draughtsman gratuitous 1. Plans for obtaining proposed Codes by factitious reward, what, and why ineligible. By the application, factitious reward being in this case to be administered, the case is thereby rendered a case of patronage: in a state of dependence, present or recently past the persons looking for, or in possession of, the reward; patron or patrons the person or persons to whose nomination or influence the person or persons, in possession or expectancy of the appointment with the reward attached, are or look to be indebted for it. Every plan of appointment in which such patronage has place will be seen to be ineligible. The following are the causes by which this ineligibility will be seen to be produced. 1. The sinister interests and prejudices to the action of which the patron or patrons in their situation stand exposed, have in '.5. been already brought to view: to the action of these same causes of bad workmanship the dependant stands necessarily exposed, together with any others which may happen to have application in his own particular instance. 2. By the corruptive influence of patronage, the probability of appropriate aptitude on the part of the workman, and thence on the part of the work, can not but be greatly diminished. 3. Under the influence of this plan, the work in question will, according to the mode of payment employed, be in all probability, if produced at all, either inordinately delayed, or through precipitation deprived of more or less of the aptitude which might otherwise have belonged to it. 4. By this mode of remuneration, the number of the works, which the legislature might otherwise have had to choose out of, will unavoidably be narrowed. 5. To the evils of close workmanship as above, will thus necessarily be added the encrease given in the present instance to the general evil of close patronage, with its corruptive influence. Such are the positions. Here follow the proofs. 1. That by the sinister interests in question the aptitude of the work in so far as depends upon appropriate moral aptitude on the part of the workman can not in this case fail of being impaired has been shewn already, as above.
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Title: [1821 Novr 23 Codification Proposal Abridgment]Description: 1821 Novr 23 Codification Proposal Abridgment '.9. Draughtsman Gratuitous I. On the part of the workman, inaptitude in the shape in which it stands opposed to appropriate moral aptitude. 1. Be they who they may, the patron or patrons will be exposed to the influence, not to say subject to the dominion, of sinister interests and prejudices. This has been shewn in Section the fifth. The dependent or protegé (for in English though we have the thing we have not the name) will be under the dominion of those same interests and prejudices, and to these the draught will endeavour to give effect, with the addition of any such of his own as he thinks he can venture to steal in. II. On the part of the workman, inaptitude not only in the above shape, but in all shapes: in those in which it stands opposed to the two other elements of appropriate aptitude, namely appropriate intellectual aptitude, and appropriate active talent. The pay is a determinate and tangible object: an object to the value of which every eye is sensible: those of the patron or patrons, be they who they may, among the rest. In comparison of this - in competition with this - the goodness of the service, where it is in any degree an object will, generally speaking, be at best but a secondary one. The appointment, or the vote towards the appointment, will accordingly be given - not to the individual who is regarded as being likely to render the best service, if it be before the work is done, as having rendered it if it be after the work is done, - but to the individual, whom, whether on his the patrons own account, or on the account of some connection of his, it will be most agreable to him to see thus served.
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