date

1821 Novr 19 Codification Proposal Advertisement
1821 Novr 19 Codification Proposal Advertisement

A subject by no means /not altogether/ devoid of interest would be the different

degrees by the probability at which the probability of acceptance to /of/ /in

regard to/ a proposal such as the present may appear to stand in the case of

different /the several/ governments in the civilized world. But were the

interest ever so much greater than it[?] can hope to be, the present is not a

place in which admission can be given to it /for it/.
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  • Title: [1821 Nov. 18 Codification Offer /Proposal]
    Description: 1821 Nov. 18

    Codification Offer /Proposal/

    '.1. Advertisement

    '.2. Topics of this

    22 NovrWhat follows will it is supposed be superceded

    A work of the sort in question not being within the ordinary line of public business - being in fact the first of the sort that was ever proposed or perhaps so much as conceived - questions to the following effect present themselves as calling for answers

    1. In favour of the probability of your executing a work of this sort with advantage to your employers what presumptions are you able to produce. What In a word are your grounds of expectation in regard to acceptance. Say - Grounds of expectation what?

    2. Why not produce the work at once instead of thus offering to produce it? Say - Why instead of the work an offer only?

    3. Why thus make offer of it instead of waiting for its being spoken? Say - Invitation why not waited for?

    4. Your notions of what is best in the field of Constitutional law being plainly repugnant to the arrangements which in that part of the field of /which regards Constitutional/ law are already established in several of the Nations to which Your Proposal looks, what expectations can you entertain of any acceptance at the hands of their respective rulers either for what regards that part of the field or for what regards the two other parts of the field namely the Penal and the Civil.

    What acceptance can you look for, from Governments established on principles of Constitutional law different from yours? Say - From different principles what expectation of acceptance?
  • Title: [[036-115v] 1821 Novr 19 Codification]
    Description: [036-115v]

    1821 Novr 19

    Codification Proposal

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    Inserendumae

    In the course of the Arguments /may be found/ an acknowledgement may be found that to the drawing up on the plan in question an entire body of law expressed throughout in terminis no man can be competent if it be for the use of any other political state than the one with the peculiar circumstances of which he has made obtained such an acquaintance as can rarely have been obtained by any one who is not by birth a Citizen of that same state But this incompetence whatsoever may be the degree of it does not extend to the original draught designed to form the ground work of such a Code: By what hand so ever the original Draught /this initiative/ has been drawn up, there will always in the [-----?] of the legislature an authority to which it will belong to revise the original Draught /this initiative/ and put the last hand to it: By this revision all objection to the making choice of a foreigner for the original draught /taking /receiving/ the original draught from the hands of a foreigner/ is removed: and the consequence is - that if by any particular circumstances the hand of a foreigner as such should be found to afford for such a fairer promise than that of a native can, any objection which on the ground of foreignership might otherwise be regarded as conclusive against the acceptance of any such offer as the present is removed.
  • Title: [1821 Nov. 18 Codification Proposal]
    Description: 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.