date

[lxxxiv. 97] 1822 Jany. 14
[lxxxiv. 97]

1822 Jany. 14

Codification Offer

?.5. Admission Universal

The task ungracious

Lamentable /Disheartening/ /Ungracious/ is the task which on this occasion /in this place/ the author of a Proposal such as the present has to go through. Rulers Admitt all persons whatsoever /without exception/ to propose original draughts of the all comprehensive rule of action on which the nation over which you rule is to be dependent for its happiness /the laws by which you are to be governed/ - /on their part of it is/ such is the proposal /the proposition/ And what is the ground on which it is built? In appearance no /little/ less than the relative inaptitude little less than the total inaptitude of the persons thus addressed - their inaptitude in respect of a function /power/ in which all their /other/ functions are comprehended. True it is - that The consummative function, with all that power which is inseparable from it, remains untouched: by no legal tie is that power proposed to be weakened: when the draughts have been given in leave[?] to you must be left the power of dealing with them, and with each one of them as you think fit. Still, that by a moral controul by the fear of a condemnatory judgment /of condemnation/ from the tribunal of public opinion the power it is expected and desired will be subjected to a certain controul /in a certain degree be checked/ is not to be denied. In the [...?] unpleasant [...?] situation of representative of the people the truth /correctness/ of the assumption by which inaptitude in his instance is stated as probable can not consistently with that character be disputed: for on what other ground is it that at the end of the term for which his power was given to him, he is sent back to them to receive a disaffirmance or a confirmation of his aptitude? Still however when not only the general probability of his inaptitude is averred in direct terms, but so likewise is the course of misconduct /mischievous career/ into which it will be sure to engage him are stated in direct terms, not inconsiderable /altogether common[?]/ must be his power over himself of endurance, if he can not only hear it without perturbation but confirm it by his assent.
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    III. Aptitude and Inaptitude

    Chart of the course of

    Misrule

    Hitherto /As yet/, and perhaps in every instance without exception where any considerable body of law has been proposed for sanctionment, it has been the work either of some person or persons possessed of legislative power in the whole or in part: a person or persons to whom by himself or themselves, with or without the concurrence of another or others, or of some person or persons acting in subordination to a person or persons circumstances as above: he or they by whom /in whom/ the whole power of sanctionment or a share in it is lodged being the person or persons by whom or under whose orders /direction/ the original draught is to be /has been/ penned, more concisely the initiative there exercised being confined to /exclusively possessed by/ a person or persons possessing or sharing in the consummative power or say the confirmative function /power/

    Such is the practice In opposition to this practice, the new principle here advanced, is - that all persons so situated /circumstanced/, are as such, in a preeminent degree less fit than any persons not /if they were not/ so circumstanced. That accordingly the function consisting in the rendering to the community the sort of service rendered by the penning of the original draught of such a body of law ought to /should/ be an object of competition - of universal competition, all persons without exception being at liberty each of them to send in a draught for this purpose: the choice as between draught and draught being to be made by a person or persons possessing or sharing in the consummative power with relation to such original draught: and if all persons possessing or sharing in the same consummative power were excluded from the faculty of sending in draughts of their composition respectively, the security against inaptitude would be still more perfect.