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19 November 1821
Codification Proposal
J.B. to People
Proposals, from the same hand in the main to the same effect as the present one have --- for above these --- been not only forwarded to divers Governments, but ----- ---- put into general circulation. These /Those/ being already in existence a question that will naturally occurr /present itself/ is from what causes and to what end can they in this way be renewed(?) /could the substance //--------// of them come to be repeated/. For affording satisfaction to any such question, a few words it has been thought may be of use.
By ---- of the acceptance /notice/ which in that same publication is shown to have been the ---- ---- of the Proposals therein contained though compleat /effective/ acceptance failed to be the result a certain degree of encouragement was afforded: the documents in /by/ which that ------ stands expressed form so many testimonials in favour of the proposal itself and the individual by which it was made. Still ---- the force of the encouragement was not found sufficient to engage him to enter upon the work. The particular offer /--- --- ---/ at that time made to different constituted authorities ---- ---- followed by the like offers more or less ---- made to other(?). At length by all these encouragements taken together a sort of stimulus(?) has been produced sufficient /such as/ to produce a determination to enter upon the work.
Such being the case in question at present to be answered is - why instead of the work itself, /retard the execution of the work itself, by drawing up more --- and/ --- --- for the second time a set of proposals for the writing of it?
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Title: [19 November 1821 Codification Proposal]Description: 19 November 1821 Codification Proposal J.B. to People The answer is - to the production of this determination several considerations have contributed 1. Though by favour of the encouragement already rendered if life and faculties continue, the wish will be accomplished /sooner or later be executed/ yet without such encouragement as a /nothing but/ definitive acceptance from the competent authority in some one political state at least can afford, the work to be ------- but not to be executed if executed at all either so promptly or so well. -- --- and seemly(?) the current of the blood runs slow: something is necessary, something from without, to quicken it. Be the wish what it may, a proposal is some drain --- the work itself: and between proposal and --- --- ---- --- it ---- been so ---- as in the primary(?) instance. 2. From the Constituted authorities of /competent authority in/ different states in instances more than one should acceptance come, in fresh ----- would by every such acceptance be applied, in fresh supply of vigour and energy bestowed /furnished/ and it will be seen that supposing the work to ------- expectation(?) the greater the number of governments the laws of which have this one common basis the greater will be the benefit from such a bond of union be to each. 3. Of acceptance, from any government a natural consequence is the familiarity the author with such documents as may serve to render him so much the better informed of /acquainted with/ their appropriate circumstances by which with reference to the work in question the condition of the country is distinguished from that of other civilised states: and the more particular the information of the sort received, the more particular may be the provision made for it in the arrangements of the /contained in any/ proposed code. For case of application made of the proposed work to the local circumstances of Spain great for example is the assistance that would be afforded by a document which the author has before him, namely the authoritative(?) proposed Penal Code.
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Title: [1821 Nov. 18 Codification Proposal]Description: 1821 Nov. 18 Codification Proposal ' Advertisement '. Testimonials why At the head of these testimonials stand of course all opinions expressed in any /the several/ political states by the constituted authorities executing the powers of government in those several states: and, of testimonials of this class /description/ it has been the fortune of the author to be provided with a store more ample than has ever fallen to the lot of any other individual titled or untitled, placed or unplaced in official situation. In regard to those same testimonials whatsoever they may be, a question which by persons in a number more or less considerable can not fail to present itself is - how and whence came they into existence. Not that in any part of Europe any such question could to any public man present itself. In no part of Europe, unless the Turkish Empire be an exception can the source in which they have had their origin be altogether unknown Nor yet can there be in civilized America many parts in which it is not by this time known. Still however [----?----?----?----?------?] for the information of those concerned it may be necessary to state that it was by /the first of/ those works of the authors works that have been published in French by Mr Dumont of Geneva namely by the first of them intituled Traites de Legislation Penale et Civile published at Paris for the first time in the Year 1802, that, as belonging to a man, whose labours had been devoted to the study of whatever promised to be in the highest degree contributory to the greatest happiness of the greatest number the name of the author having become generally known in Europe to men in public situation, had in the instance of some of them paved the way for acceptance more or less favorable to a Proposal to the same effect as the one hereby made: an acceptance by every intimation[?] of which an article was of course added to the list of those testimonials.
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Title: [1821 Nov r 19 Codification Proposal]Description: 1821 Nov r 19 Codification Proposal Advertisement Testimonials why Upon the supposition that to a purpose /in a case/ such as the present, testimonials are capable of being of use, the reader when he sees the sources from which they come present themselves to his view will not be surprized at their not being left unemployed. For true it is that to this same purpose, whether by support or any other any such acceptance as that in question be obtainable, is but too much exposed to doubt. For true it is that as interest is commonly understood, to give acceptance to any such proposal is altogether contrary to the interest of those on whom it depends from whom if it comes it must come. In the character of a bridle - of a bridle to political power in whatsoever hands lodged the efficiency of the characteristic feature /element/ of the plan has already been and will again be brought to view: and no man /to no hand/ that has power in it is any such sensation as that of a bridle a pleasant one. Under these circumstances a perfectly willing acceptance at the hands of the constituted authorities /competent authority/ any where is rather too much to expect: reluctance is the only supposition consistent with the undeniable[?] constitution of human nature Of a set of observations of this sort the use, if any there be any is the contributing to form a pressure by which the reluctance shall be overpowered /surmounted/. Much too great /high/ to be counted upon with any strong assurance is the degree of magnanimity and self-denial necessary to the production of such an effect. If it be consistent with the nature of man in his ordinary state that any such willingness should have place it can only be in a country in which the effervescence produced course of the struggle /a combat/ by the result of which a more or less liberal government has been substituted. Prudence would forbid the mention of this adverse interest if possible the existence of it could possibly be a secret to those over whom it is operating to whom the force of it is applying itself. How perfectly soever they /men in that situation/ themselves may be aware of it, it not only may but too naturally escape, but probably has in general escaped the observation of those whose interest they have in charge.
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