1821 Decr 20 Employ or not?

Codification Proposal

Factitious Remain bad /'.5. Admission Universal/

Not dangerous this open initiative: close must be the consummative not this.

As in retail so in wholesale In the work /business/ of legislation, through the

channel of the press, the initiative function may without any the slightest

inconvenience be expressed by every body to whom it is agreable to exercise it:

/as many as will/, without any the slightest inconvenience, and with the maximum

of advantage. The consummative cannot with any good effect be exercised by more

than a comparatively small number: at the utmost not by any number greater than

that of those who, on the occasion of a discussion are capable of obtaining at

the same time a distinct perception of every thing that is said.

What /That which/ the universal interest therefore /accordingly/ requires, is -

that, as above the initiative function be exercised by as many as will. But,

that which the particular and sinister interest of every /each/ member of the

ruling few requires is that it be confined to as small a number of hands as

possible, so as his be of the number: and if in his hands a corresponding share

in the exercise of the consummative function be lodged on the same time /at the

same time/ lodged in proportion as he can contrive thus to narrow the exercise

of /lessen the number of hands taking part in the exercise of/ the initiative

function he gives proportionable encrease to his share in the integral power of

legislation. Next to the having the power /function/ in their own hands alone is

the not having to share it with any but such, at whose hands, in virtue of

particular interest in this or that shape, concurrence may reasonably be

expected: the /a/ small associated knot of the ruling few engrossing in their

own hands the function of the original draught, and calling - not for rival

draughts, but simply for observations on this one draught. If the expedients

employed for this purpose in the case of the Spanish Legislation Committee may

be seen in a recently published work - Benthams Letters to the Conde de Toreno

on the Proposed Penal Code.