date

1821 July 12 Codification Offer '.9. Draughtsman
1821 July 12 Codification Offer '.9. Draughtsman gratuitous

In and by all this, no such position is meant to be asserted or insinuated, as

that, - all-comprehensive or not, furnished or not with a rationale as above - a

Code whereby, in proportion to its extent, real law were substituted to the

imaginary and sham law called Common or Unwritten Law - a rule of action more or

less approaching to certainty to one completely and everlastingly uncertain -

would not be a beneficial work: nor yet that if no workman of good promise,

content with the natural and inseparable reward, and thence serving

gratuously[?], could be obtained for the work, factitious reward might not in

any case be employed for the production of it: all that is meant is - that

supposing all factitious reward excluded, a much better chance for the maximum

of appropriate aptitude in every shape - on the part of the original workman and

thence ultimately on the part of the work - will be obtained, than would have

place if factitious reward in any shape were superadded: a greater number of apt

candidates with their respective productions would be likely to offer

themselves, and the best chance of acceptance would be possessed by the best

work.

How should it be otherwise? - In the case of paid service, the eye of the

workman would be fixt upon those from whom the payment would be looked for: in

the case of gratuitous service it would be fixt upon the public at large - upon

the whole body of the citizens in their quality of Electors: upon those on whose

good opinion the Judges of the contest would be in a state of dependence: in the

one case the exertions of the workman would to a greater or less extent, be

unavoidably directed, to the advancement of this or that particular and thence

sinister interest at the expence of the universal interest: in the other case

they would in an undivided manner be directed to the advancement of the

universal interest. They would have it is true, for their object the rendering

the work ultimately conformable to the public will: but at the same time by the

influence of the rationale on the public understanding, to the endeavour they

would add the hope of bringing the will of the public as near as possible to a

conformity with the interest of the public.
Similar Items
  • Title: [1821 July 5 Codification Offer]
    Description: 1821 July 5

    Codification Offer

    '.9. Draughtsman gratuitous

    To the case of a Representative Democracy - such for example as that of the Anglo-American united States - this observation does not apply: at any rate not to equal extent. No public money in any shape separate from official situation could by a Committee of the Representative body either of the Union or of any particular State be given to any individual for the service in question: neither in an immediate way by them nor by their procurement could the draughtsman be invested with an office from which he might /could/ not be removed by the application, immediate or unimmediate, of the power of the body of the people: no room could /can/ there be for any hope of palming upon the subject many by and for the benefit of the operating and ruling few any arrangements by which their interest would be sacrificed by and for the benefit of the ruling few: of reward in any shape for any sinister service in any shape from the only hands from which it could come no prospect could the draughtsman /workman/ in any shape could come: at the same time by /from/ the obstruction /exclusion/ of factitious reward in every shape the value of the natural reward in the only shape in which it has place would in the eyes of the workman in question encreased /receive encrease/: to the extent of his intellectual and active faculty his endeavours would therefore be to give to his work in each part of it that quality by which it would be rendered conclusive in the highest degree possible to the greatest happiness of the greatest number that all-comprehensive end which it is so continually necessary to bring back /again and again/ to view.
  • Title: [1821 Dec r. 12 1822 March 10 Not employed]
    Description: 1821 Dec r. 12 1822 March 10 Not employed

    Codification Offer

    '9. Draughtsman gratuitous

    Recapitulation

    '. Argument, /Recapitulation of the matter/ respecting the choice of hands, recapitulation.

    Choice of hands - Recapitulation.

    Recapitulation

    Draughtsman single, Draughtsman foreigner rather than native Draughtsmanship /work/service/ gratuitous - between all these several points /provisions/ the connection it has been seen is most intimate: they tend they tend all of them in concurrence to one common end: an end which has too often been mentioned to need mentioning here

    What now remains is - to bring into one comparative view the grounds on which they are respectively advocated and recommended

    The work in question is the original draught: nothing beyond it. For the original draught, hand but one - for the amendment of it hands the more the better.

    The object is to rid of the sinister influence which the several sinister interests general and local and correspondent interest-begotten prejudices as well as other prejudices tend to exercise on it: sinister interests, by which in proportion to their efficiency the aptitude of the workman and thence of the work considered in a moral as well as an intellectual point of view can not fail to be impaired. To the sinister operation of these causes of inaptitude, the constitution /nature/ of human society offers /presents/ one check, the proposed rationale /the particular nature of the present design/ another. That which the constitution /nature/ of human society offers is the controuling /tutelary/ influence of public opinion: that which the particular plan here in question offers, is the rationale: the obligation of attaching to each distinguishable arrangement the considerations by which the opinion has been produced of its being in a higher degree contributory to the greatest happiness of the greatest number.
  • Title: [[036-201v] 1821. May 12. Codification]
    Description: [036-201v]

    1821. May 12.

    Codification Offer

    '.10 Offer /Draughtsman Gratuitous/

    Reward refused why

    subjected to a proportionable diminution. Suppose the shape of it that of an annuity or fixed salary, to continue during the time the workman was occupied in the work, the reward would, in this case also, be a bounty upon delay: and in this case likewise, interest set in opposition to duty

    True it is that if reward in any such shape were necessary to the obtainment of the service, this being supposed, by a sort of mixture of the present with the future - of antecedent or concomitant reward with future contingent and subsequent - by a mixture of this sort, if made in apt proportions, the objections abovementioned might, in good measure, if not altogether, be removed.

    But even suppose this effected, the consideration of the situation of the hand or hands from which alone, in any case, the reward would be to be received, presents another circumstance, that would be in a state of incurable /irremediable/ opposition to the goodness of the work itself: of the work itself, or, at any rate, to the ultimate receipt of the service intended by the execution of it.

    1. In any representative democracy, as yet in existence, scarcely would the operative rulers think of accepting, at the hands of any individual with the intention of taking it into consideration, any such work: not even if proffered ready made; much less of giving, or offering, any reward for the setting about and framing any such work.

    2. In a Monarchy, absolute or limited, by the Monarch no work, on the subject in question, directed to the end in question could consistently with the unchangeable nature of man, unless in the extraordinary case of a desire to abdicate, be wishes for: wished for, either by the Monarch, or by any other individual, acting in conformity to his wishes: for no work, directed to any other end, than that of the sacrifice of the greatest happiness of the greatest number, without any sensible sacrifice of the particular interest of that one, could acceptance, and thereby usefulness, be reasonably expected. Here, then, would be a temptation, by which the workman would be continually excited, either to take for the entire purpose of his labours, an improper purpose, or, in this or that matter of detail, on this or that particular occasion, to be continually turning aside from the only proper, to this or that particular improper, purpose. Let the temptation even experience a resistance ever so compleat and effectual, still the fact of its effectiveness could not, in the nature of the case, be universally or generally matter of notoriety. By the suspicions which, in this state of things, it would be impossible altogether to wipe away, even if acceptance were not prevented, that esteem, on which the goodness of the service done by the production of the work so materially depends, would unavoidably be lessened.