036_184V.xml

Title: [[036-184v] 1821 June 19 Codification]

Description: [036-184v]

1821 June 19

Codification Offer

'.9. Draughtsman gratuitous

Russian Codification

Not to be employed these three pages

Had he adopted the advice submitted to him by the author of these pages he (Emperor Alexander) would have had legislative draughtsmen more varied in the highest of all arts, men of this class in unlimited number - men of this class for all the different Sections of his vast and heterogeneous dominions - all without expence, in a word without any expence worth naming he would have founded a School of Legislation: and out of that school - fruits of the tree thus planted - Codes all-comprehensive and rationalized in unlimited number, out of which to choose. A code of that description he might have been sure of, and without a rouble of expence or he would not have had it all

To no worshipper of legitimacy and order was any such advice suited. To the views of this any more than to any other votary /worshipper/ of legitimacy and order the advice was not suited /suitable/ /addressed/. Neither fruit has he, nor so much as the tree: what he has is [...?] and this he has been laying on these seventeen long years. Ten thousand a year in pounds sterling /Roubles 100,000 a year a sum at that time equal it is believed to Pounds Sterling ten thousand/ was the original expence of it over and above the salary of the Minister of Justice Prince [...?] and the Colleague given to [...?] on this occasion, [...?] Novositzoff. I /The author/ speak from the details of an official but unpublished Report in his possession printed in the French language

His Imperial Majesty /Emperor Alexander/ In magnanimity the Emperor of all the Russias is proverbial: in wisdom he is not inferior. Notwithstanding all the zeal - notwithstanding all the devotion of his faithful /true/ servants being still but men, before the commencement of such a work their energies might flag At the conclusion of it p.33 an assurance was given to them, that a life annuity /for life/ should be granted to them - the amount of it the half, the two-thirds, nay perhaps " even" the whole of what they had respectively in hand during the continuance of it

JB_080_037.xml

Title: [JB/080/037 Transcribe Bentham Transcribed]

Description: JB/080/037 Transcribe Bentham Transcribed by Bentham Project Encoded by Anna-Maria Sichani Corrected by Bentham Project Manuscripts of Jeremy Bentham, University College London Library: JB/080/037 2013-04-26 Checked and corrected against ms 1821 June 26

Codification Offer

'.12. Offer

By direct power Bonaparte forced a Code on France by influence, a penal Code on Bavaria.

What there was new in Rosenkampf he took from J.B. Unfortunately or fortunately J.B. stands clear of the contempt which sinister interests would pour down. Otherwise.

On the part of the possessors of the supreme operative power, in general, and in popular governments in particular the reluctance to receive from any foreign hand a service of this nature has been already spoken of as being no less natural than unfortunate. To any person in whose breast any such reluctance has place and operates, it may afford some instruction to compare the case of a country receiving as the produce of gratuitous service of this sort from a known hand a Code of law which is so compleatly destitute of all coercive power, the rulers making whatsoever use they please of it and if such be their pleasure not making any use of it with that of a country receiving from the unknown hand of a draughtsman acting under the secret direction of it knows not who, a rule of equal extent without power on the part of any person but those by whom it was framed to produce let the mischief /inevitable evil effects/ of it be ever so numerous and extensive, any so much as the slightest remedy

036_202V.xml

Title: [[036-202v] 1821. May 11. Codification]

Description: [036-202v]

1821. May 11.

Codification Offer

'.10 Offer /9 Draughtsman gratuitous/

'.10. Offer relative to a work of the sort above described.

Of the sort of work the demand for which, as above, has place in every nation, and in every nation remains as yet unsatisfied, a /the/ description has now been given. For the service of any nation on the globe, this demand the author of the address is ready and willing to do what depends upon him towards satisfying. Of his readiness for this service, sufficient intimation was, indeed, afforded as long ago as the year 1817, by a publication of his in English intituled "Papers relative to Codification" &c. But, though that publication forms an 8 vo. volume, it contains no more than a part of the testimonials, by which this offer is accompanied. Nor, of the topics touched upon in this address, will any (it is believed) be found there brought on the carpet, with the exception of those which regard all-comprehensiveness and the rationale.

In the publication just mentioned, the anticipated rejection of reward of a pecuniary nature, in any shape, stands announced, and, of the seriousness of the declaration, proof afforded: afforded by the mentioned return of a present from the Emperor Alexander. But, on the subject of the importance of that condition to the usefulness of the service, nothing would in that place, (it is believed) be found. This deficiency has been herein above supplied.

The shape of such reward would either be that of a benefit conferred, the whole at one time, or that of a benefit conferred in parts at different times: viz, as the phrase is, by instalments: in which latter case the simplest and most ordinary form is that of an annuity for life or years. Paid at once, it would naturally be paid, either before the commencement of the service, or not till after the conclusion of it. Paid in the whole before the commencement of the service it would render the whole of the service altogether precarious, and in this way every thing that by improvidence in the arrangement could be done towards giving to uncertainty its utmost degree, would manifestly be done. Paid no part of it till after the completion of the service, it would operate as a reward - a bounty - for precipitation: for precipitation, and thereby for imperfect and unapt performance: while, on the other hand, by the uncertainty manifestly attendant on the event of completion, the value of the reward, to a very considerable degree, and with it the probability of its finding acceptance on the part of any competent hand, would be

subjected