[036-112v]

1821 Dec r 22

Codification Proposal

'.5. Draughtsman single /Admission Universal/

'. The greatest happiness of the greatest number requires, that from every person without exception proposed original draughts be admitted. Plan for giving the utmost practicable encrease to the number of such rival draughts.

What is above has for its subject the characteristic nature and plan of the proposed work.

What follows has for its subject the choice of hands for the execution of it: always remembered that the work in question is - not a body of law in its ultimate shape - in that the state in which it received the sanction of law from sovereign authority of the community, but only the original draught, drawn up in the view of its eventually receiving the sanction of law as above, after undergoing any such alteration as by that same authority shall have been made in it. To give to any such draught the force of law is to exercise the highest imperative power in the state. By the mere preparing of any such draught for the choice of those to whom that power belongs, no power at all is exercised.

As to the choice of hands the result of the present enquiry, and is accordingly here maintained may be summarized in the first place by three short phrases

1. That this same original draught should be the work of some one hand, and not of any greater number of hands /1. Draughtsman single - his singleness and his personality that there is but one, and who that one is being known/ The reason is - /Cause or reason -/ that in the case where there is but one hand and that hand known the danger of inaptitude on the part of the work will be obviated by a security which in the case of divers hands does not operate, if at all, with such considerable force. This security is the tutelary /guardian/ power of the tribunal of public opinion.

2. For choice, [...?] rival works from as many hands as well each working singly. Cause or reason, taking the best chance for the best service

3. Remuneration, for this service alone, and at the public expence, none.

Cause or reason, on the part of the arbiter or arbiters the reward, by the opportunity afforded of serving self-regarding interest to gratifying private sympathy leads to diminution of the number of the competitors.