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1821 Nov. 18
Codification Proposal
' Advertisement
'. Testimonials why
At the head of these testimonials stand of course all opinions expressed in any /the several/ political states by the constituted authorities executing the powers of government in those several states: and, of testimonials of this class /description/ it has been the fortune of the author to be provided with a store more ample than has ever fallen to the lot of any other individual titled or untitled, placed or unplaced in official situation.
In regard to those same testimonials whatsoever they may be, a question which by persons in a number more or less considerable can not fail to present itself is - how and whence came they into existence. Not that in any part of Europe any such question could to any public man present itself. In no part of Europe, unless the Turkish Empire be an exception can the source in which they have had their origin be altogether unknown Nor yet can there be in civilized America many parts in which it is not by this time known. Still however [----?----?----?----?------?] for the information of those concerned it may be necessary to state that it was by /the first of/ those works of the authors works that have been published in French by Mr Dumont of Geneva namely by the first of them intituled Traites de Legislation Penale et Civile published at Paris for the first time in the Year 1802, that, as belonging to a man, whose labours had been devoted to the study of whatever promised to be in the highest degree contributory to the greatest happiness of the greatest number the name of the author having become generally known in Europe to men in public situation, had in the instance of some of them paved the way for acceptance more or less favorable to a Proposal to the same effect as the one hereby made: an acceptance by every intimation[?] of which an article was of course added to the list of those testimonials.
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Title: [1821 Nov. 19 Codification Proposal Advertisement]Description: 1821 Nov. 19 Codification Proposal Advertisement Testimonials why In this state of things, no support by which any promise of assistance was afforded could it is manifest be consistently neglected. By the sort /a set/ of Testimonials /of the sort/ in question the only support was held out which the nature of the case afforded was held out /offered itself to the authors hands/ sufficient or insufficient the support thus afforded can not in its nature be presumed irrelevant, nor under such circumstances superfluous. At the end of the list of Testimonials now for the first time given in that [-----?] intimation has been given of those which are to be seen[?] /contained/ in the [------?] conjunction /company/ with the Proposal already published Proposal as above. To English readers if any such there be there will be a repetition. But, that work not being to the authors knowledge translated into any other language - (for under the general order given in the Cortes it can hardly as yet have been translated into Portugueze, the same considerations which called for the publication of this second set of testimonials rendered /made/ it a matter of necessity to give some intimation at least of the first. While these lines are writing the Cortes of Portugal have perhaps already before them a Letter sent by the author from him to that assembly by the Lisbon packet of the | | instant, a Letter containing an offer addressed specially and exclusively to that illustrious assembly by which so fair a promise of everything that could be wished in such an Assembly has already been afforded. If by experience, general or particular at the hands of any body of men clothed with sovereign legislative power the author could be warranted in the hope of witnessing any such self-sacrifice, these are unquestionably the hands. The result is necessarily as yet necessarily unknown at the time of sending these lines to the press.
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Title: [1821 Oct. 19 ┴ G §.7 To Toreno]Description: 1821 Oct. 19 ┴ G §.7 To Toreno Letter VI §.7 Atonement proposed While this pen of mine is moving, in come a cluster of documents shewing the progress made of Codification shewing the progress made in the quondam emulated[?] Republic now stiled the Canton of Geneva. They are three in number namely 1. a Code of procedure bearing date in 1819 and actually in force pp. | | /1 Loi sur le Procedure Civil par le Canton de Geneve Deinté[?] par le Conseil Representatif et Souverain le 29 Septembre 1819 pages 188/: 2. A work of M r Bellot’s entituled exposé des Motifs de la Loi sur la Procedure Civile pour le Canton de Geneve pages 236: 3. Projet de Code Penal par la Republique et Canton de Geneve Mai 1821 pages 87: 4. Avertissement par M. Etienne Dumont Membre de la Commission pour la reduction du Code pages x. As to giving any account of them, or any of them, so much as setting eyes on them or any of them, it is what I dare not trust myself: Sir, at any rate till this my correspondence with you is closed. The most accredited Codes of cultivated Europe so often from the wisdom of which Gentlemen have not disdained to enrich theirs have not I will venture to /would not scruple to/ affirm had, any of them a tenth part of the consideration declared upon that /the/ proposed Code just mentioned[?]. Great /Not small/ will be my surprise, if in my eyes /judgment/ I do not find it in a high degree conducive to the greatest happiness of the greatest number than the most accredited whichever it may be of all those their most acredited Codes. But in saying that you will not easily conceive how little it appears to me that I have been saying in favour of it. On that occasion these works of mine that are in French were {I am informed} made use of. Application was made to me to me to furnish a proposed Penal Code. I had even sat down to the task, and made some progress: but the circumstances of the occasion and the time were not favourable to the accomplishment. A love is not an empire: 40,000 are not so many as 16,000,000: Geneva was /is/ not so near to me as London. The sensation of a bridle in the mouth was not found more agreable (I understand) at Geneva than at Madrid. The proposal of a Rationale had been rejected. {Masters /Employers/ to whom the obligation of giving reason for the} use made of their power
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Title: [22 November 1821 Codification Proposal]Description: 22 November 1821 Codification Proposal J.B. to People 4. In the case of acceptance might some ----- of it more or less considerable in the texture of the respective codes might by possibility meet the author's eyes and thus reward his labours. The authoritatively proposed penal code for the commonwealth of Geneva, is of itself a proof that this hope /prospect/ is not altogether a compleatly groundless one. That it is only by a proposal circulated antecedently to the ---- could any such prospect /-------/ be obtained. ---- ---- such acceptance the only country to the particular circumstances of which his view could have directed itself would have been /be/ his own country that in which he was born and bred the country /scene/ of his birth education and almost undisrupted residence. But in that country not any so much as the faintest expectation of finding any such acceptance could unless ------ be consistent with mental sanity. Not only to all classes in his own country but to the ------- thinking(?) class in every other country in Europe to state /any mention of/ the grounds of the ----- would be superfluous. But in one of the same parts /regions/ to which it may ----- to this proposal to find its way there may be those to whose eyes these grounds may not be ------ ----. For those unfortunates therefore a few words shall be dedicated in another place. a a See concluding(?) ---- in address.
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