date

1821 Novr. 24 Codification Proposal '.9.
1821 Novr. 24 Codification Proposal '.9. Draughtsman gratuitous

To the influence of these causes of inaptitude, so long as specially appointed

reward in any shape bestowed in encrease of the public expence, has place, - the

nature of the case admitts not of any tolerably effectual corrective. The patron

or patrons at whose hands the reward is looked for let them be, with relation to

the whole body of the people in a state of dependence ever so strict, still no

such corrective has place. By the power of the people, be it ever so compleat,

no such corrective can be applied to it. Be the work and thence the workmen,

ever so unapt, no ground can they have for the assurance that one less unapt was

to be found: no grounds therefore for passing censure on the choosers and their

choices

The corruptive effect of the money or money's worth - as above, should not (it

may be said) be regarded as being in every instance sure. Be it so. Still, be it

in the whole ever so inconsiderable, the service is all the worse for it.

Against the desire of serving the universal interest to the utmost - against the

desire of giving the utmost encrease to the greatest happiness of the greatest

number, - a rival desire is set up.

From all these objections, the plan of encouragement by natural reward alone, is

compleatly free. On this plan all the above causes of inaptitude on the part of

the work no one nor yet any other, has place. Nor yet can the encouragement want

any thing of being adequate. As little can it fail of being productive of

collateral good effects. All this the next Section will shew.
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    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

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    place in which admission can be given to it /for it/.
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    Description: 1821. Novr. 28th.

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    '.8. Foreigner best.

    their hands, no particular and thence sinister national interest or affections,

    no national prejudices to be truckled to: no homage from nation to nation to be

    paid: no national self-limitation in any shape. In the instance of each │ │

    nation, by the amount of the obstacles of this sort thus excluded, will the

    chance which the Code has of obtaining adoption be encreased.

    Take now the work of the native. In this, it is true, here as before, we must

    suppose the end throughout pursued, the all-comprehensive and only defensible

    end - the greatest happiness of the greatest number - so often mentioned. In

    this case, too, as in those others, we must suppose the existence of that

    exclusively efficient security for aptitude on the part of the work - a

    perpetually interwoven rationale. Still, however, after every thing which by the

    obligation of giving admission to this security can have been done towards the

    existence of these efficient causes of inaptitude has been done, still to an

    amount more or less considerable, they will actually have been left to operate

    upon the work, and in the texture of it will have given birth to these

    pernicious effects. But, to the present purpose, the question, is - not merely

    of those same pernicious effects, what portion will actually have been produced

    in the work, but by the other nation what portion of them will naturally be

    supposed to have been produced in the work, and to have place in it accordingly.

    To this question, the nature of it considered, it will in any instance not be

    possible to find any precise answer. But that which to the present purpose is

    sufficient, may be affirmed with full assurance: and that is, that by a work,

    produced under the influence of particular and thence sinister interests and

    prejudices, national as well as individual, and this without the benefit of any

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  • Title: [[036-112v] 1821 Dec r 22 Codification]
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    1821 Dec r 22

    Codification Proposal

    '.5. Draughtsman single /Admission Universal/

    '. The greatest happiness of the greatest number requires, that from every person without exception proposed original draughts be admitted. Plan for giving the utmost practicable encrease to the number of such rival draughts.

    What is above has for its subject the characteristic nature and plan of the proposed work.

    What follows has for its subject the choice of hands for the execution of it: always remembered that the work in question is - not a body of law in its ultimate shape - in that the state in which it received the sanction of law from sovereign authority of the community, but only the original draught, drawn up in the view of its eventually receiving the sanction of law as above, after undergoing any such alteration as by that same authority shall have been made in it. To give to any such draught the force of law is to exercise the highest imperative power in the state. By the mere preparing of any such draught for the choice of those to whom that power belongs, no power at all is exercised.

    As to the choice of hands the result of the present enquiry, and is accordingly here maintained may be summarized in the first place by three short phrases

    1. That this same original draught should be the work of some one hand, and not of any greater number of hands /1. Draughtsman single - his singleness and his personality that there is but one, and who that one is being known/ The reason is - /Cause or reason -/ that in the case where there is but one hand and that hand known the danger of inaptitude on the part of the work will be obviated by a security which in the case of divers hands does not operate, if at all, with such considerable force. This security is the tutelary /guardian/ power of the tribunal of public opinion.

    2. For choice, [...?] rival works from as many hands as well each working singly. Cause or reason, taking the best chance for the best service

    3. Remuneration, for this service alone, and at the public expence, none.

    Cause or reason, on the part of the arbiter or arbiters the reward, by the opportunity afforded of serving self-regarding interest to gratifying private sympathy leads to diminution of the number of the competitors.