date

1821. Novr. 10th. Codification Offer
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
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  • Title: [1821 Aug. 19 Codification Offer Abridgmt]
    Description: 1821 Aug. 19 Codification Offer Abridgmt '.9. Draughtsman gratuitous '.3

    Factitious [...?]

    A course that, presents itself in the next place is - to attach to this service

    remuneration in a pecuniary shape to a determinate mount, 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 recompence for it.

    From the preceding page p.

    The pay being a determinate object, with a value to which every eye would be

    sensible would of course be the principal object: the goodness of the service at

    the best a secondary one - the appointment, or the vote towards the appointment

    would in each instance be given - not to the individual who was regarded as

    having rendered or being liable to render the best service, but to the

    individual whom, whether on his own account or that of some connection of his it

    would be most agreable to the patron in question to see thus served.

    Such would be the most probable, or rather the only probable result, according

    to any mode of appointment which the nature of the case admitts.

    Back to the preceding page No3
  • Title: [1821 Novr 23 Codification Proposal Abridgment]
    Description: 1821 Novr 23 Codification Proposal Abridgment '.9. Draughtsman gratuitous

    The case being a case of patronage Those evil effects, will have place, whatever

    be their amount, in whatever hands the power of patronage be lodged.

    It may be lodged in that branch of government which is purely legislative: It

    may even be lodged in the branch stiled the executive branch; for, by the

    supposition, the draught can not receive the force of law but from the hands of

    the branch stiled the legislature. If in the legislature, the hands it is lodged

    in will be either those of the President of the Assembly, those of a Legislation

    Committee or those of the whole body of the Legislature: if in the executive

    branch, the hands in which the appointment, (or under the Minister the

    recommendation) is lodged, may be those of a Chief Minister, those of the

    Minister of this particular department, those of the assemblage of Ministers, or

    those of some Council of State. The choice may thus be made by appointment, or

    it may be made by vote: but whether it be made in the one way or in the other,

    still the case is a case of pay and patronage: as between the one mode of choice

    and the other no sensible difference will have place.
  • Title: [1821 Novr. 24 Codification Proposal '.9.]
    Description: 1821 Novr. 24 Codification Proposal '.9. Draughtsman gratuitous

    To the influence of these causes of inaptitude, so long as specially appointed

    reward in any shape bestowed in encrease of the public expence, has place, - the

    nature of the case admitts not of any tolerably effectual corrective. The patron

    or patrons at whose hands the reward is looked for let them be, with relation to

    the whole body of the people in a state of dependence ever so strict, still no

    such corrective has place. By the power of the people, be it ever so compleat,

    no such corrective can be applied to it. Be the work and thence the workmen,

    ever so unapt, no ground can they have for the assurance that one less unapt was

    to be found: no grounds therefore for passing censure on the choosers and their

    choices

    The corruptive effect of the money or money's worth - as above, should not (it

    may be said) be regarded as being in every instance sure. Be it so. Still, be it

    in the whole ever so inconsiderable, the service is all the worse for it.

    Against the desire of serving the universal interest to the utmost - against the

    desire of giving the utmost encrease to the greatest happiness of the greatest

    number, - a rival desire is set up.

    From all these objections, the plan of encouragement by natural reward alone, is

    compleatly free. On this plan all the above causes of inaptitude on the part of

    the work no one nor yet any other, has place. Nor yet can the encouragement want

    any thing of being adequate. As little can it fail of being productive of

    collateral good effects. All this the next Section will shew.