[034-168v]

1821. June 8.

Codification Offer.

'.5. Draughtsman single

I. Separate [...?]

it has, among its objects the promotion of some particular interest - and this, at the

expence, and by the sacrifice of, the greatest happiness of the greatest number - on

this supposition, the more consummate the aptitude of the workmen in respect of

intellectual power and active talent in relation to that end, the more extensive will be

that sacrifice. Not but that a case is conceivable enough in

which by the deficiency in intellectual aptitude and active talent more might be

produced than by them most perfect degree of inaptitude in a moral point of view coupled

with the most perfect degree of aptitude in those two other points of view. But the

subjects of consideration here are not such cases as are conceivable but such as are

more or less probable.

Now, as to the varieties which, in respect of the number of

the relative situations of the workmen thus employed, and the number of them in such

their respective situations the nature of the case admitts of: the influence exercised

by both these circumstances on the aptitude of the work will presently become

observable.

By the supposition, the draught in question is a discourse, which, when revised and

compleated, will be the expression given tot he will of the possessor or possessors of

the supreme power in the state, wherever they may be. By the supposition they are

therefore respectively the ultimate ordainer or ordainers of the work.

The hands in which this same superior power is lodged may be those of a single person,

or those of more divers persons: the work may have had either one ultimate ordainer and

no more, or divers ultimate ordainers.

In either case, the draught may have had for its composer or composers, those same

ultimate ordainer or ordainers, or some other person or persons, the nature of whose

respective situations with reference to those same ultimate ordainers would thereby be

subordinate.

These distinctions noted, the general case will be found resolvable into seven

particular ones.

1. Case 1. Ultimate ordainer, a single person: namely, the Monarch: Draughtsman, that same person. Subordinate, none.

2. Case 2. Ultimate ordainer a single person, the Monarch, as before: Subordinate

Draughtsman, a single individual.

3. Case 3. Ultimate ordainer, a single person - the Monarch - as before: Subordinate

Draughtsmen, divers: In English practice, A Board, or a Commission, is the aggregate denomination by which a set of

functionaries, thus appointed, are, in this case, commonly designated.

4. Case 4. Ultimate ordainers, divers: composing thereby a body of men and that, a

comparatively large one. Draughtsmen those same persons acting, all of them without

exception, in the composition of the draught.

5.
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    These distinctions noted, the general case will be found resolvable

    into these seven particular ones.

    1. Case 1. Functionary, on whose will the ultimate efficiency of the

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  • Title: [[160-353v] 1821 May 14 Codification]
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    1821 May 14

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    '.4. Draughtsman single

    The draught in question is by the supposition in some way or other the work of the possessor or possessor [of the] supreme power in the state. For the production of it the possessor or possessors of that power may have had, or not have had, recourse to a hand or hands in a situation respectively subordinate to their own.

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    I. Case 1. Functionary on whose will the efficiency of the draught depends, one: namely the Monarch. Draughtsman that same person: by that same person the sort of work in question - an all-comprehensive Code with its rationale framed. The case is a conceivable one: for the existence of a man with a hundred eyes or a hundred hands is a conceivable one. /In that case to the purpose in question/ In a word the government a Monarchy: and the hand by which the work is executed that of the Monarch himself.

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    Now as to the varieties which in respect of the number of hands employed,

    and their relative situations the nature of the case

    admitts of ,

    By the supposition the draught in question is a discourse

    which when revised and compleated will be the expression given

    to the will of the supreme power, whatever it be, in the State.

    The hands in which this power is lodged may be those of a

    single person, or those of eleven persons

    In either case, in and for the composition of this

    original draught the possessor or possessors of this supreme power

    may respectively have had or not have had recourse to

    a hand or hands in subordinate situations.