1822. Feb 15.

Codification Universal.

'.5. Admission Universal

Quere inserendum &c?

Objection 5. The open mode ineffectual to its proposed purpose. Be the draughts

ever so numerous, the Constituted authorities will still do with them as they

please. Of each draught they will make more or less use, or no use at all, as

best suits their respective purposes: by the supposition, no more on this

occasion than on any other, are they subject to any legal controul.

Answer. True: not to any controul other than that moral controul which is applied

by the tribunal of public opinion. But this controul it is the design, and will

be the effect, of the proposed open mode, to apply in the most efficient manner:

and, be it or be it not sufficient, the situation of the authorities in question

puts an exclusion upon every other. In what way, in the instance of every

rationalized Code, the rational interwoven with it will operate in the character

of a bridle, has been shown above: (See Sections 2 and 3.): as also upon whom it

thus operates. In every aptly penned draught, the Constituted authorities, whose

decision it calls for, will see and feel a bridle: a bridle by which they will

be restrained from treating it will neglect: a bridle the power of which will be

in proportion to its aptitude. Even In the text itself, were that all, their

power would feel a snaffle: and to this snaffle a curb is added by the

rationale. Take the case of the Representatives of the people. By and by come

the Elections: and then come questions [...?...?] to them. Here is this draught

(naming it): in it were all these good things (naming them): all neglected: and

you will /even you/ let it pass without voting /giving so much as a vote/

against it. What have you to say for yourself? For having thus done what

justification or excuse can you pretend?