date

1821 Nov r 19 Codification Proposal
1821 Nov r 19

Codification Proposal

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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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  • Title: [1821 Nov. 18 Codification Proposal]
    Description: 1821 Nov. 18

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    '. 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.
  • Title: [1821 Nov. 19 Codification Proposal Advertisement]
    Description: 1821 Nov. 19 Codification Proposal Advertisement Testimonials

    In The perpetually interwoven accompaniment of reasons the Rationale in a word -

    the characteristic /distinguishing/ feature of this proposal may be seen an

    article /object/ which gives further encrease to the demand for the above and

    every other support which the nature of the case admitts of.

    [------?] /Furnished/ with this accompaniment, an all-comprehensive body of law,

    supposing it executed in that degree of perfection which the human faculties

    admitt of would be at once the most useful and the most difficultly raised

    /arduous/ point of human genius. Towards this degree of perfection should the

    author be found to have made a single step even though it were the lowest it

    will be always something: for even this advance is more than has been made by

    any one else. /other foot./ But the more arduous the work the greater will

    naturally be in all minds the reluctance to admitt the practicability of it, and

    accordingly to admitt on the part of any man the probability of the existence of

    appropriate aptitude adequate to the execution of it. He who is clear that in

    his own instance no such aptitude has place will not without reluctance if at

    all admitt the possession of it or even the possibility of it, in the instance

    of any one else: no man and in particular no man belonging to that profession to

    /the [----?]/ which alone a work of this sort will by any man be regarded as

    exclusively appertaining.
  • Title: [1821 Nov. 16 Codification Proposal]
    Description: 1821 Nov. 16

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    '.3 I Expectative Grounds

    1. Grounds of expectation in regard to acceptance. Of These a general indication has already been given as above: In addition a few words of explanation in this place may have their use

    In a work intituled Papers on Codification and published in the year 1817 a Proposal to this same effect was contained: and in support of it arguments and testimonials were given there as here.

    But as well under the head of arguments under the head of testimonials documents of the importance of which the reader will have to judge have come to light /made their appearance/.

    In several of the papers contained in that work the characteristic nature of the proposed work itself was brought to view: brought to view under the heads /two topics/ of all-comprehensiveness and the proposed rationale. In addition to some ulterior considerations /arguments/ relative to these two topics, further consideration has added two other topics bearing relation to the hands, by which the original draught of a work of this sort may /would/ be drawn with most advantage: the conclusion being that if possible in that stage of the business no hands more than one should be employed; and that though the greater the number of hands natives as well as foreigners occupied in the subject in the character of candidates, yet the hand of a foreigner as such is that which as compared with a native affords the fairest promise of advantage. In regard to remuneration remuneration by means of a fresh /an additional/ expence imposed by rulers on the people for that purpose the needlessness was on that occasion stated: in addition to that argument /opinion/ /position/ an opinion to that effect further considerations have been added that of its positive mischievousness.

    As to Testimonials a glance at the list will suffice to shew how ample for weight as well as number the addition is which has been made by the intervening interval to the stock of those which at that time had been received.