1821 May 17

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

Draught depends, a single person: namely the Monarch: Draughtsman

that same individual.

2. case 2. Functionary, on whose will the ultimate efficiency of the

Draught depends, a single person - the Monarch - as before:

Draughtsman, acting in subjection to that will, a single

individual.

3. Case 3. Functionary, on whose will the ultimate efficiency of

the draught depends, a single person - the Monarch -

as before: Draughtsmen, acting in subjection to that will,

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 customarily designated.

4. Case 4. Functionaries, on whose will the ultimate

efficiency of the draught depends, divers: namely an aristocratical body: Draughtsmen,

those same individuals acting all of them without exception in the composition of

the draught.

5. Case 5. Functionaries, on whose will the ultimate

efficiency of the Draught depends an aristocratical

body as before: Draughtsmen occupied in the work

a part of the whole number of the members of that same body.

selected by the rest. In English practice, A Committee is the aggregate

denomination by which a set of functionaries thus appointed

are denominated.

6. Case 6. Functionaries, on whose will the ultimate efficiency

of the Draught depends, an aristocratical body, as

before: Draughtsman occupied in the work and acting in

subjection to that will, a single individual.

7. Case 7. Functionaries, on whose will the ultimate efficiency

of the Draught depends, an aristocratical body, as

before: Draughtsmen occupied in the work and acting in subjection

to that will, divers individuals as above.
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  • Title: [[034-168v] 1821. June 8. Codification]
    Description: [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.
  • Title: [1821 May 14 Codification Offer '.5. Draughtsman]
    Description: 1821 May 14 Codification Offer '.5. Draughtsman single

    Now as to Case 5. Functionaries, on whose will the ultimate efficiency of the

    draught depends, an aristocratical body: Draughtsmen occupied in the work a part

    of the whole number of the Members of that same body selected by the rest:- in a

    word, a Committee.

    In this case, as to members, for a business of this sort, individuals thus

    occupied will naturally be a comparatively small number, constituting but a

    small part of the whole. As responsibility, to a certain purpose the members

    thus employed will be subordinate and thus responsible to their patrons in

    power; to another purpose they will not be thus responsible or subordinate to

    them. On the one hand it will not be in their power to carry into effect any

    arrangement in contrariety to the will and pleasure of the majority of the whole

    body: but on the other hand let them propose what they will they will have

    nothing to fear from the displeasure of their colleagues, further than the

    seeing as above their proposed wishes and endeavours frustrated.
  • Title: [[160-353v] 1821 May 14 Codification]
    Description: [160-353v]

    1821 May 14

    Codification Offer

    '.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.

    These distinctions noted the general case will be found resolvable into these five /seven/ more particular subordinate ones.

    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.

    In this case which of two objects the work will have for its end in view - the greatest happiness of the greatest number of the greatest happiness of the only being whose happiness has any claim to regard is of the number of those questions by each of which its own answer is conveyed.