[114-026v]

1821 June 18

Codification Offer

'.9. Draughtsman gratuitous

But, if not in a pecuniary or some other open shape, a workman able and willing duly to perform /execute/ such work will have it (says somebody) in some secret shape: if not in an honest and innoxious, in some dishonest and noxious shape: for without a remuneration and that a high one, no such work will be undertaken by any tolerably competent hand.

For notions to this effect, neither will assertions nor confidence be wanting. To rapacity no provocation can be offered so falling as that which is offered by what in the more ordinary sense of the word is stiled disinterestedness. But, in the more enlarged sense of the work interest quite sufficient for the purpose is afforded by the ordinary texture of human nature.

The nature of the service in question being such as it may be seen by any one to be, in case of apt performance the natural remuneration being moreover such as any one may see it to be, so it is, that for engaging on the part of the workman whatsoever faculties he possesses and whatsoever exertions he is capable of, for no remuneration in any other shape can there be any real necessity. No pastime so destitute of all use beyond the pleasure of the moment, no pastime in a word so frivolous, as not to be capable of engaging men to put their faculties to the very utmost stretch in pursuit of it The labour of the mind - the strain upon the thinking faculty would it be too great for is there any thing in it that would render it too great for endurance.

On the drawing up of a Code of law no such strain upon the mind is necessary, as that which, in chess-playing for example, numbers of men in no inconsiderable proportion are seen habitually manifesting. So far in such case is it from being necessary to attach, and that in rising proportion reward in a pecuniary or other ordinary shape to service, the more intense the strain thus gratuitously put upon the mind, the more conclusive is the proof given of the needlessness of reward in any such ordinary shape to the production of it.

/In proportion to the quantity of chance admitted/ In games of cards, and others in which admission is given to the power of chance, scarcely without an additional stimulus in the shape of hope of pecuniary gain coupled with fear of correspondent loss, can any such inducement as is felt to be adequate to the labour of attention be found: in chess - a game in which chance has no place - mere contention of mind is every day and habitually employed - employed by minds of the most ordinary mould - than ever was employed by legislator in the composition of his laws.