[036-109v]

1822 Jan y. 14

Codification Offer

'.6. Factitious remunerat n bad

In the case which under the sort of government in question is most likely /may at first sight seem/ to be exemplified the special remuneration plan with its evil effects as above indicated is not likely to have place. This is the case in which the original draught has for its authors a select Committee from the body of those to whom the consummative power belongs or at least the most effective share in it. But in this case the conjunct dominion of sinister interest and interest begotten prejudice and the other causes of relative inaptitude is uncontrouled and all powerful: the security afforded by the universal admission of all competitors for the initiative function being in this case by the supposition in this case excluded.

Nor upon a nearer view, is this case so likely to be exemplified as at first sight it will be apt to appear to be. For, in the case of a proposed code of the sort in question - a Code all-comprehensive and rationalized, although the consummative power can not but be in the hands of the whole legislative body, it follows not that the preparation of the original draught must be or with propriety could be in the hands of a Committee of that same body, as such. Two years is the duration of the Anglo-American Congress. Two years is the duration of the Spanish Cortes. But, for /in the case/ a work of such magnitude as the one here in question, to say /determine/ that it shall be finished in such a portion of the term of two years as shall leave a sufficient portion for the exercise of the consummative power in relation to it would be to produce /establish/, as the in so small degree probable result either non-performance or through precipitation unapt performance or even non-performance.