This ‘folio’ comprises two sheets pinned together, with most of the text on both sheets deleted. Mostly in Colls’s hand.

1821. Aug 24. + B Letter 6

J.B. to Toreno

1 o & 2 o

Letter 6

Letter VI

§ 3 Conditions

9

5

 Add as a Condition in a Article leaving Space open to all

Observation on any part of the law established or about to be.

{Fixt as I am in my determination of submitting to the Spanish Nation, in so far as life

and ability shall continue, a suite of Codes, Penal, Civil, and Constitutional, {with the reasons all along interwoven with, yet distinct from, the several proposed arrangements,} this same authoritatively proposed Code is a real treasure to me, and my satisfaction at seeing it promulgated, great and pure. In it, I shall have a view of those local circumstances for which, for want of local knowledge and experience, I could not otherwise have ventured to make provision: and, throughout, I shall have a source of appropriate information, and an object of reference and comparison.}

{On two conditions this my satisfaction would be heightened, by seeing this same proposed Code pass {immediately} into a law: and this, even although I were assured that no such alterations as you allude to, nor any other such alterations /amendments/ as your wisdom, and that of the other friends of good government, might suggest should be made in it. For, what ever may be the imperfections of it, I can not think but that it must be a real blessing, when compared with that compound of tyrannical despotisms and anarchy which it will supersede.}

{After what you have been seeing, Sir, you will scarcely, I imagine, be expecting to see a wish with the expression of which this long and I fear almost unendurably tedious /unwelcome/ letter /address/ hopes to conclude. Let the proposed Code pass: pass even this very Session: pass – with, or even rather than not pass, without such amendments as you yourself, and such other of the deputies as may be fortunate enough to stand superior to sinister interest and local prejudice may have to propose for it. This wish of mine has for its ground the certain following information communicated /made public/ by the Gentlemen in question, and the correctness of which I see no reason to dispute or doubt of: I mean that which speaks of the preeminent inaptitude of the mass of legislative matter which they find in force, and of which in the way of allusion (I mean), which was all that the occasion admitted of, some samples are brought to view in their preface.

Every thing can now be said at once. The consent above intimated was not, I confess, meant to be pure and simple. Three conditions were meant to be attached to it. But I hope they will not be found unreasonable ones –

Here insert those expressed in the first edition}

{In these conditions you will see, (for how can I help it!) a sort of conception on my part that by possibility, the work of the Gentlemen in question may not, in the eyes of their colleagues and their constituents stand exactly at that highest degree in the scale of aptitude at which their own conception seems to have placed it: and that if at their proposition it shall happen to their composition to supersede the compositions of all their predecessors, so peradventure at some future period at the proposition of some /this or that set of/ successors of theirs it may happen to some posterior, I know not whether I may be allowed to say maturer composition to supersede theirs. The taste will, I fear not be a very easy one}

but if by your persuasion Spanish wisdom can be reconciled to a lot /mortification/ which English practice is /[…?] is/ experiencing every day /subjected to/, you will have rendered to your country useful service.

One of these conditions, is – that the duration given to it be but temporary. Suppose one year: suppose two years, with or without further duration to the termination of the Cortes which the one or the two years finds in existence. In England, with the benefit of English experience, this temporary duration /even where the demand is infinitely less imperative/ belongs to the A.B.C. of Legislation. {And, where the demand is infinitely less imperative, any objection to it would be regarded as rash, and affording such symptoms of self-sufficiency as would /might/ expose the objector to ridicule.}