036_169V.xml

Title: [[036-169v] 1821 Nov r 26 /Dec r 23]

Description: [036-169v]

1821 Nov r 26 /Dec r 23[?]/ /1822 Feb. 13/

Codification Offer

'.5. Admission Universal

Objections answered

4. For Draughtsmanship, a foreigner as such, affords peculiar promise. Cause or reason - Exception from the sinister action of native particular interest and prejudices

So much for a general and preparatory intimation. Clear, correct or adequately comprehensive the idea thus conveyed can not as yet be expected to be. To invest it with those several qualities will be the endeavour of the ensuing pages.

First as to singleness in preference to multiplicity of hands.

6. Objection 6. The open mode is ineffectual to its proposed purpose. Be the draughts ever so numerous, the constituted authorities will still do with them as they please. Of each draught, they will make more or less use, or no use at all, as best suits their views: by the supposition no more on this occasion than on any other are they subject to any legal controul.

Answer. True: not to any controul other than that moral controul which is applied by the tribunal of public opinion. But this controul it is the design, and will be the effect of the proposed open mode to apply in the most efficient manner: and be it or be it not sufficient the situation of the authorities in question puts an exclusion upon every other. In what way, in the instance of every rationalized code, the rationale interwoven with it will operate in the character of a bridle has been shewn above: (See Sections 2 and 3:) as also upon whom it thus operates. In every aptly penned draught the constituted authorities whose decision it will call for will see and feel a bridle: a bridle which they will be restrained from treating it with neglect: a bridle the power of which will be in proportion to its aptitude. In the text itself, were that all, their power would feel a snaffle: and to this snaffle a curb is added by the rationale. Take the case of the Representatives of the people. By and by come the Elections: and then come questions upon questions to them. Here is this draught (naming it): in it were all these good things naming them). All neglected: and your will /you/ for the neglect, or you let it pass without voting against it. What have you to say for yourself?

JB_024_408v.xml

Title: [1821 Nov. 28 Codification Offer '.8. Foreigner]

Description: 1821 Nov. 28 Codification Offer '.8. Foreigner best Right and proper interest

a foreigner is susceptible of

By the supposition his aim is to produce such an original draught as whatever

may be the modifications applied to it - applied as they can not but be by the

constituted authorities shall remain the manifest basis and groundwork and

predominant matter of the all comprehensive Code. But for the accomplishment of

this object it is not possible that the should look for favour to any other

quarter than the good will /good opinion/ of the people. For as to the

constituted authorities between him and them there is not /can not be/ it has

been seen any community of interest: between him and them there can not fail to

be an opposition of interest can not fail to have place. It has already been

shewn, that between the rulers /constituted authorities in every situation/ even

in the situation of those who are what they are by means of the /that/

constitutive power which is in the hands of the people these representatives

/agents/ can not act but under the pressure of an interest opposite to that of

their principals. His situation is therefore that of an adversary to them on two

distinguishable accounts as being a rival and competitor seeking to apply a

bridle to their power; and in having one common interest with that body namely

the greatest number of the community whose interest they are by their own

sinister interest continually exposed to sacrifice, and who in proportion to the

[...?] of the resistance they make to that sacrifice, will be to them as

adversaries. He is on his own account their adversary: and he is so in virtue of

his connection with those whom they necessarily behold continual opponents and

as such adversaries.

Here if not long before, a question can not fail to have presented itself. Those

on who the giving acceptance to your proposal being thus decidedly /surely/ and

in their hearts unchangeably adverse to it, to what end do you make /proffer/

it? in what hope can you have thought of making it? To this question the answer

will be found in the concluding section.

JB_084_132.xml

Title: [Codification Offer Feby 3. 1822 Admission]

Description: Codification Offer Feby 3. 1822

Admission Universal

Ulto

Members Unapt.

[lxxxiv. 132]

1822 Feb. 1

Codification Offer

ultisso

?.5. Admission Universal

?.5. Members unapt

But, it may /will/ be said, © there are the Representatives of the people © men chosen by the people for this very purpose: why not trust to them the composition of the Draught in its original state, as well as the consummation and sanctionment of it in its ultimate state

I answer

1. They can not have time for it: amongst them there can not be so much as one man who will have time sufficient for it. The service performed by the composition of the original draught of an all comprehensive as well as throughout rationalized body of law is an extraordinary service, if there be a service to which that epithet is applicable: It is for ordinary service © for the current service of the [...?] that they are appointed: and by no one bt whom any part is borne in the performance these ordinary services can any time be left for any, such extraordinary: more especially as it is /will be seen to be/ a necessary condition to the aptitude of the work that it be from first to last if possible the work of one and the same hand. See ?.7. Hand single.