JB_024_425v.xml

Title: [1821 Nov. 8 Codification Offer Abridgmt]

Description: 1821 Nov. 8 Codification Offer Abridgmt '.9. Draughtsman gratuitous

1. Plans for obtaining proposed Codes by factitious reward, what, and why

ineligible.

By the application, factitious reward being in this case to be administered, the

case is thereby rendered a case of patronage: in a state of dependence, present

or recently past the persons looking for, or in possession of, the reward;

patron or patrons the person or persons to whose nomination or influence the

person or persons, in possession or expectancy of the appointment with the

reward attached, are or look to be indebted for it.

Every plan of appointment in which such patronage has place will be seen to be

ineligible. The following are the causes by which this ineligibility will be

seen to be produced.

1. The sinister interests and prejudices to the action of which the patron or

patrons in their situation stand exposed, have in '.5. been already brought to

view: to the action of these same causes of bad workmanship the dependant stands

necessarily exposed, together with any others which may happen to have

application in his own particular instance.

2. By the corruptive influence of patronage, the probability of appropriate

aptitude on the part of the workman, and thence on the part of the work, can not

but be greatly diminished.

3. Under the influence of this plan, the work in question will, according to the

mode of payment employed, be in all probability, if produced at all, either

inordinately delayed, or through precipitation deprived of more or less of the

aptitude which might otherwise have belonged to it.

4. By this mode of remuneration, the number of the works, which the legislature

might otherwise have had to choose out of, will unavoidably be narrowed.

5. To the evils of close workmanship as above, will thus necessarily be added

the encrease given in the present instance to the general evil of close

patronage, with its corruptive influence.

Such are the positions. Here follow the proofs.

1. That by the sinister interests in question the aptitude of the work in so far

as depends upon appropriate moral aptitude on the part of the workman can not in

this case fail of being impaired has been shewn already, as above.

036_172V.xml

Title: [[036-172v] 1821. Nov r. 9th.]

Description: [036-172v]

1821. Nov r. 9th.

Codification Offer

Abridgm t.

' 9. Draughtsman gratuitous

'.1. Gratuitous what.

Reward factitious - what

Abstractedly considered, reward in this shape may seem capable of being ranked under the denomination of factitious reward: but, considered in its application to the sort of service here in question, presenting itself without need of promise, as it will naturally be apt to do to all eyes, - it may on this account be referred to the head of natural reward. Unexpensive, if not strictly speaking gratuitous, may the service be stiled, at any rate: because, from remuneration given in this shape no additional expence to government, no additional burthen to the people, is the result.

As in Spain and Portugal, so in every other country in which the business of legislation is in the hands of a body of Representatives chosen by the people, that part of the business, which consists in the preparation of any such body of proposed law for the consideration of the whole Assembly, will be in the hands of a select few, under the name of a Commission or Committee. In any such hands, attaching to the exercise of this function, any specially appointed factitious reward, in the shape of pay, or in any other shape, is as far from being customary, and thence from being probable, as it is from being eligible.

But it has been shewn that in hands so situated, the business, of preparing a proposed Code in the first instance for the consideration of the whole body, could not, although in appearance ever so gratuitously performed, be lodged without the most serious inconvenience.

The hands so situated being supposed rejected, hence the necessity of looking out for others. To these extraneous hands, factitious reward, in some shape or other, at the expence of the public, will either be given, or not. If it be given, the case is a case of patronage; and the number of those by whom it shall be capable of being received, must of course be limited: if it be not given, reward being in the natural shape offered to view, but in no other, the number of those to whose eyes the prospect of it is opened, and whose service in the shape in question may be obtained, is naturally unlimited: and in this case patronage bas no place.

On

JB_024_432v.xml

Title: [1821 Aug. 19 Codification Offer '.9. Draughtsman]

Description: 1821 Aug. 19 Codification Offer '.9. Draughtsman gratuitous '.2 Possible mode

of obtaining draught other than Committee

As in Spain and Portugal, so in every country in which the business of

legislation is in the hands of a body of Representatives chosen by the people

that part of it which consists in the preparation of any such body of proposed

law for the consideration of the whole Assembly will be in the hands of a select

few under the name of a Commission or Committee. In any such hands, besides its

being ineligible it is as far from being probable as from being usual, that to

the exercise of this function any particular factitious reward in the shape of

pay, or in a word in any other shape shall be attached.

But in hands so situated the business of preparing a proposed Code in the first

instance for the consideration of the whole body could not (it has been shewn)

be lodged without the most serious inconvenience: inconvenience in those shapes

which have been already brought to view.

The hands so situated being supposed rejected, hence comes the necessity of

finding some other hands for the execution of the work. For the obtainment of

such hands, factitious reward in some shape or other, at the expence of the

public, will either be given, or not. If in any such shape reward be given, the

number of those by whom it shall be capable of being received must of course be

limited: if no such factitious reward be given - if in the shape above

distinguished by the name of natural, reward be offered to view but in no other,

the number of those to whose eyes the prospect of it is opened, and whose

service in the shape in question may be obtained, in naturally unlimited.