[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.
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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 17 These distinctions noted]
    Description: 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.
  • Title: [[lxxxiv. 14 1821 Decr 4 Codification]
    Description: [lxxxiv. 14

    1821 Decr 4

    Codification Proposal

    penult

    ?.5 Draughtsman Single

    A Monarch may without difficulty be conceived capable of officiating in the character of draughtsman of such a draught. A man with wings is as easily conceivable as a man without wings.

    A supreme operative body, with or without a supremely constitutive body above them may with as little difficulty be conceived operating all the Members at one and the same time in the official [?] composition of a draught of this sort, as in universal practice they are in the revision of it. But in the case of a draught of any such extent any such conjunct [?] composition will /it will immediately/ be seen to be physically impossible.

    Under a Monarch if functionaries /subordinates/ more than one are employed by him in the character of Draughtsmen of such a draught they will constitute what in the language of the English government is called a Commission, or a Board: Commission when the aggregation is considered as Non©[...?],; Board when it is considered as [...?]

    Under a sense of this impossibility, when of the sort in question or any other a draught is derived [?] for the purpose of its being, after revision adopted as the work of the whole body, Members of that same body in number forming but a small portion of the aggregate are commonly selected and employed in the joint character of Draughtsmen. To this minor aggregate in the language of the English Government adopted into /by/ some others is given the name of a Committee. Over the operations of this Committee some single Member is appointed to preside. Every where but in England and under English©bred law President is accordingly the name commonly given to him every where but in England. In England and elsewhere under English©bred law, Chairman of the Committee. Thus much in the case of original draughts in general: But in the case of the original draught of a discourse destined to become law, the original draught is stiled a Bill, and is understood to be the work of the Member by whom leave is asked and obtained "to bring it in": namely to bring it into the Chamber in which the body sits, and place /lodge/ it for consideration under the custody /in the hands/ of the functionaries in whose custody the papers are lodged.