[lxxxiv. 97]

1822 Jany. 14

Codification Offer

?.5. Admission Universal

The task ungracious

Lamentable /Disheartening/ /Ungracious/ is the task which on this occasion /in this place/ the author of a Proposal such as the present has to go through. Rulers Admitt all persons whatsoever /without exception/ to propose original draughts of the all comprehensive rule of action on which the nation over which you rule is to be dependent for its happiness /the laws by which you are to be governed/ - /on their part of it is/ such is the proposal /the proposition/ And what is the ground on which it is built? In appearance no /little/ less than the relative inaptitude little less than the total inaptitude of the persons thus addressed - their inaptitude in respect of a function /power/ in which all their /other/ functions are comprehended. True it is - that The consummative function, with all that power which is inseparable from it, remains untouched: by no legal tie is that power proposed to be weakened: when the draughts have been given in leave[?] to you must be left the power of dealing with them, and with each one of them as you think fit. Still, that by a moral controul by the fear of a condemnatory judgment /of condemnation/ from the tribunal of public opinion the power it is expected and desired will be subjected to a certain controul /in a certain degree be checked/ is not to be denied. In the [...?] unpleasant [...?] situation of representative of the people the truth /correctness/ of the assumption by which inaptitude in his instance is stated as probable can not consistently with that character be disputed: for on what other ground is it that at the end of the term for which his power was given to him, he is sent back to them to receive a disaffirmance or a confirmation of his aptitude? Still however when not only the general probability of his inaptitude is averred in direct terms, but so likewise is the course of misconduct /mischievous career/ into which it will be sure to engage him are stated in direct terms, not inconsiderable /altogether common[?]/ must be his power over himself of endurance, if he can not only hear it without perturbation but confirm it by his assent.