JB_024_409v.xml

Title: [1821. May 12 /Nov. 27/ Codification Offer]

Description: 1821. May 12 /Nov. 27/ Codification Offer Draughtsman gratuitous /Offer why?

'.8. Foreigner/ Reward refused - why If any where, enter this under '. Offer

As to terms of service, by the considerations above brought to view, and by

those alone - all of them deduced from the observation of the influence of the

reward in question, on the aptitude of the service for the extraction of which

it is employed - by the above sober considerations, suggested as they have been

by the principle of general utility alone, and not by any unreflecting or

hypothetical sentimentalism, has the veto thus put upon factitious reward been

produced. To the value of money the author, for his part, is no less sensible,

than those are, who, for the procurement of it, are so ready to consign men by

thousands to sudden death by fire and sword, and to lingering death by taxation

and its offspring famine. With unfeigned gratitude he would accordingly,

supposing the work compleated, accept, from willing donors, individually and

separately, from each of them money to any amount, from the lowest denomination

of coin to the greatest sum which without prejudice to the well-grounded

expectations of others, the donor would take pleasure in their disposing of:-

supposing it at the same time sufficiently ascertained that if not thus, it

would be unemployed in some way or other in purely personal gratification and

not in any other work of public or private beneficence. Not a ribbon, of the

number of those which are worn about men's shoulders - not a ribbon of that

sort, of any colour, from any hand, would he refuse bowing for, it being by

those presents declared that, in his opinion, the greatest happiness of the

greatest number would be much the more effectually promoted were all such

instruments of and false testaments of meritorious service dragged through the

kennel in the lump, in their way to the hangman's fire, than by being bestowed

in requital of the most meritorious service for which reward in this shape was

ever granted. Only in so far as those, at whose expence it would have been

bestowed, would be averse to the seeing it thus bestowed, does aversion to

reward in any shape maintain a place in his mind.

In[?] this department the function in the particular case in question is

confined to the production of a certain literary work. To constitute appropriate

aptitude with reference to this function appropriate aptitude on the part of the

workman in the highest possible degree no other endowments are necessary than

what are sufficient for the giving the utmost possible degree of aptitude to the

work. the work itself is the test of its own aptitude Remains the Executive

department. Apply the enquiry to the several branches of it. In each branch

whether for the perfect execution of the function belonging to it the

composition of a literary work be or be not applicable as a test of aptitude on

the part of the functionary[?], other endowments are necessary. Of the

possession of

Even in the legislative department, on the part of those to whom the function of

final sanctionment belongs endowments are indeed necessary of the possession of

which the composition of a literal work can not afford a test namely /in

particular/ knowledge of the circumstances peculiar to the country and knowledge

of the state of opinions and affections at the time in question, on the part of

the people. But these are endowments which the possession of which is as above,

not necessary on the part of the author of the original Draught. of which it is

not in the nature of any literary work to afford any sort of test. In everyone

of those cases other endowments are necessary other endowments, of the

possession of which no test can be afforded approaching in probative force to

that with which proof may be made in the case of legislation by the composition

of a literary work.

JB_084_121.xml

Title: [[lxxxiv. 121] 1822 Jany 24]

Description: [lxxxiv. 121]

1822 Jany 24

Codification Offer

ult¼o

?.5 Admission Universal

But a chance there is, nor that an inconsiderable one, that to sentences /a sentence/ pronounced by a Judge without a Jury, no Sheriff no Jailor, no Sheriff's Officer no Hangman will be found that when goods that used to be exposed to sale in execution of verdicts found by packed Juries are exposed to sale under judgments given without Juries no purchasers will be found, that those of the same which now so easily and copiously find their way into the grand reservoir of corruption the current would be stopped

That, in the judgment /eyes/ /conception/ /expectation/ of /by/ those to whom the scourge of torture is an instrument of delight /applied to the backs of the injured/, no hand would /shew itself/ in England be found /as being ready/ to apply it is certain: for as yet it has not been among the imports from Ireland into England.

To the Assembly to which the old man's rupture /was made to/ afforded a good joke afforded /was the cause of/ so much merriment because ruptured and reward[?] begin with the same letter, the importation of the Irish instrument of torture would have matter of serious delight, and to all appearances would beyond doubt have long ago been effected, but for the doubt whether in an /any/ English hand it could be made to do its offices

JB_113_079v.xml

Title: [[113-079v] 1821 June 20 Codification]

Description: [113-079v]

1821 June 20

Codification Offer

'.9 Draughtsman gratuitous

'.9. The greatest happiness of the greatest number requires that the work in question be performed, if possible, gratuitously: in such sort that no factitious reward in any shape, at the hand of any person, shall be received or expected from it.

The subject being factitious reward, and question being between the absence and the presence of it, a few words may here be of use, to shew what it is that by the means of the preceding considerations, is looked upon as proved.

1. The Code, all-comprehensive: 2. with a rationale for its accompaniment: 3. shewn in the rationale the conduciveness of each distinguishable arrangement to the all comprehensive end so often mentioned: 4. the reasons or sets of reasons attached in the way of [...?] positions to the several arrangements which they are employed to explain and justify: 5. throughout the whole field of law the work thus described the work, if possible, of a single hand: to wit a hand not possessing any share in the supreme operative power of the state, nor yet dependent on it 6. that it be known to be so; and 7. that it is known universally known - whose that hand is: 8. that, as between two individuals a native and a foreigner equal in respect of all other points of appropriate aptitude, the grounds of preference as to such parts to which his aptitude extends - to wit every thing that does not depend on local circumstances, is on /belongs to/ the ground belonging to the foreigner: were it only that were the hand that of a native i.e. a member of the community in question he would either be himself a sharer in the supreme operative power of the state, or by means of eventual punishment or reward dependent on it: but that, /at the same time/ if by no foreigner /foreign hand/ any adequate promise of superior appropriate aptitude is afforded, that of a native is not to be - can not be - rejected: and that forasmuch as in every political community, there will be some subordinate part /and specific portions/ in the field of legislation which for want of local knowledge the hand of a foreigner will not be competent to cover, it would were it only on this account be necessary that the last hand should be set to the Code in every part by those in whom the supreme power of the political community resides.