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

036_173V.xml

Title: [[036-173v] 1821. Nov r. 9th.]

Description: [036-173v]

1821. Nov r. 9th.

Codification Offer

Abridgm t.

'.9. Draughtsman gratuitous

'.1. Gratuitous what

Reward factitious - natural

'.9. The greatest happiness of the greatest number requires, that the original draught in question be, if possible, drawn up gratuitously: in such sort that no factitious reward, established for the purpose, at the public expence, shall be either received or expected for it: but that, under that restriction, the number of rival works be the greatest obtainable.

So far as life and ability continue, one such hand and that (as per Section 8) a foreigner's the people in question may be assured of. But, obviously, by no such assurance, the uncertainties attached to life and faculties considered, could the demand for other hands for this same work, even on the supposition of a general superiority of aptitude on his part, be superseded.

2. Even at present, by the mere circumstance of his being a foreigner, his appropriate aptitude stands precluded from being, in the sense requisite to the occasion, all-comprehensive: even if entire as to the outline, it could not be so as to the filling up: even if entire as to all generals, it could not to a practical purpose, be so, as to all particulars comprehended under them: were it in other respects ever so consummate, something on the score of local circumstances, something, to an amount more or less considerable, could not fail to be wanting to it.

Even upon the supposition most favourable to any such proposal as the present, - here then will come in the demand, at any rate the eventual demand, for other hands:- for other hands, and those native ones.

What remains, is - that they may be as apt as the nature of the case admitts, and among such as are so, that the number of those, whose works the constituted authorities have to choose out of, be correspondently copious. Of this, more particularly further on.

As to gratuitous, what is here meant by the word may perhaps be considered as being already pretty sufficiently explained. By this explanation, one mode of remuneration will, upon consideration, be found not to stand excluded. This is - the prospect of being, in the event of an adequate display of appropriate aptitude, appointed to fill this or that official situation: this or that situation already in existence, and by the pay and power, or at any rate by the power, attached to it, suited to the importance and dignity of the service.

Abstractedly

JB_024_434v.xml

Title: [1821 Nov. 8 Codification Offer Abridgment]

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

On a review of these two plans it will be seen, that the expensive one is in

every point of view an ineligible one: the unexpensive, in every point of view

an eminently eligible one, and the only eligible one: the effect of the

expensive one being, besides the mischief of useless expence, to produce with

relation to the business itself comparative inaptitude, together with collateral

mischievous effects; the effect of the unexpensive one, being besides the saving

of the expence, to produce the maximum of aptitude, together with collateral

beneficial effects.

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

ineligible

II. Plan, for obtaining proposed Codes by natural reward alone, what, - and why

eligible.