1821 June 21

Codification Offer

'.9. Draughtsman gratuitous

/In [...?]/ Intense enough no doubt, and what is more in duration [...?]

considerable enough no doubt is the labour and with it the uneasiness necessary

to the purchase of a chance for the attaintment of these intimately connected

/associated/ ends. Yet with all its magnitude scarcely does the labour, the

contention of mind the strain upon the mind which is seen bestowed - and by

multitudes in every country, upon any the most frivolous pursuit that presents

itself in the shape and under the name of pastime. Witness so many games from

which not only the hope of gain /prospect of pecuniary profit, but likewise/ the

exciting force of chance has been excluded. Witness in particular the game of

chess with the whole days expended in it by the antagonists face to face, and

the weeks, months or even years occupied by it through the medium of epistolary

correspondence /intercourse/ Value of the subject matter and object, absolutely

nothing: sole gratification, accepted as an equivalent and more than equivalent

for the labour, the pleasure attendant on the exercise of mental power, absolute

and comparative.

In proof of the probability of a fact will the certainty of it be admitted? With

/By/ no more than a chance and any one may see how a small a chance - for the

obtainment of the natural prize above described, for more years than fifty has

the author of these pages been engaged in the game of solitaire he is thus

playing. And in the springs to the action of which he stands subjected, any more

than in the powers which are put in motion by them, what is there to distinguish

him from the meanest of the hundreds who at this moment are passing before his

window? Even in his own conception, with all the partiality inseparable from

self-estimation, just nothing. Some prefer one sort of exercise, some another.

Some are a little weaker, some are a little stronger: some are a little

narrower, some a little broader: so it is with bodies, and so it is with

minds.
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    '.9. Draughtsman gratuitous

    But, if not in a pecuniary or some other open shape, a workman able and willing duly to perform /execute/ such work will have it (says somebody) in some secret shape: if not in an honest and innoxious, in some dishonest and noxious shape: for without a remuneration and that a high one, no such work will be undertaken by any tolerably competent hand.

    For notions to this effect, neither will assertions nor confidence be wanting. To rapacity no provocation can be offered so falling as that which is offered by what in the more ordinary sense of the word is stiled disinterestedness. But, in the more enlarged sense of the work interest quite sufficient for the purpose is afforded by the ordinary texture of human nature.

    The nature of the service in question being such as it may be seen by any one to be, in case of apt performance the natural remuneration being moreover such as any one may see it to be, so it is, that for engaging on the part of the workman whatsoever faculties he possesses and whatsoever exertions he is capable of, for no remuneration in any other shape can there be any real necessity. No pastime so destitute of all use beyond the pleasure of the moment, no pastime in a word so frivolous, as not to be capable of engaging men to put their faculties to the very utmost stretch in pursuit of it The labour of the mind - the strain upon the thinking faculty would it be too great for is there any thing in it that would render it too great for endurance.

    On the drawing up of a Code of law no such strain upon the mind is necessary, as that which, in chess-playing for example, numbers of men in no inconsiderable proportion are seen habitually manifesting. So far in such case is it from being necessary to attach, and that in rising proportion reward in a pecuniary or other ordinary shape to service, the more intense the strain thus gratuitously put upon the mind, the more conclusive is the proof given of the needlessness of reward in any such ordinary shape to the production of it.

    /In proportion to the quantity of chance admitted/ In games of cards, and others in which admission is given to the power of chance, scarcely without an additional stimulus in the shape of hope of pecuniary gain coupled with fear of correspondent loss, can any such inducement as is felt to be adequate to the labour of attention be found: in chess - a game in which chance has no place - mere contention of mind is every day and habitually employed - employed by minds of the most ordinary mould - than ever was employed by legislator in the composition of his laws.
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  • Title: [[160-451v] 1821 Aug. 22 Codification]
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    Witness as to the hatred the whole tenor of certain Acts called Six Acts: witness in particular all those statutes and judgments by which for the cure /removal/ of hatred and contempt from the breasts of the subject many human suffering under the name of punishment is employed. Witness in and our of certain assemblies the whole conduct of one of the two ruling parties without any exception, and with small exception that of the other.

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