[036-188v]
1821 May 10.
Codification Offer
'.1 All comprehensive
Quere whither this shall be inserted?
Note (a)
Preached May 10. Remains to be rearranged and perhaps augmented or omitted 14 May.
(a) Names, are either names of the real entities conceived, or the names of the fictitious entities conceived: real entities conceived, are, subjects of possession & action, agents & instruments. Subjects of possession are immoveable, moveable non-vehicular, vehicles: vehicles are by land, water, air. Immoveables (portions of the earth's surface) valuable for their unincreasing matter, or for their increasing produce. Agents are inanimate, or animate; animate are either rational or irrational. Rational agents are considered either in respect of such of their acts by which happiness is increased, or in respect of such of their acts by which happiness is diminished. These latter are misdeeds: & in so far as they are objects of prohibition emaning from agents in a particular situation, are offences. A rational agent in so far as he addresses to another in whom it is in his power to produce diminution of happiness an expression of will intimating a desire that by the agent so addressed, action , in a determinate shape signified, shall be performed, issues thereby a command: if that it be not performed but abstained from a prohibition, in either case he creates an obligation: an obligation positive, to perform the action, an obligation negative, to abstain from it. Revoking the command or the prohibition he cancels the obligation: revoking the command he substitutes to it permission not to perform the action: revoking the prohibition, he substitutes to it permission to perform it. Prohibiting all persons but one from making use of a certain article, moveable or immoveable, permitting at the same time, that individual to make use of it, he confers on that individual a right to it. Commanding one individual to perform certain acts of a nature beneficial to a certain other individual he confers on the second individual a right to certain correspondent services to be rendered by the first.
[036-189v]
1821. July 10.
Codification Offer
'.9
2. Factitious mischievous
III. Factitious dignity
If encouragement to merit were intended, proof of the service would be required as in the case of Judicature.
The use commonly ascribed to factitious dignity is the affording encouragement to merit: to merit in a variety of shapes corresponding to the several shapes in which service rendered to the public by individuals is capable of making its appearance.
On the contrary, it is in a conspicuous /particular/ degree ill adapted to this purpose. What effect it has is altogether of an opposite nature. Lay factitious reward out of the case, natural reward adapts itself of course to the several shapes and degrees of usefulness, of which service rendered by individuals to the public is susceptible.
[036-190v]
1821 June 18
Codification Offer
'.9. Draughtsman gratuitous
In the above disquisition, what is assumed is as follows 1. that, on the ground of the reasons above brought to view the Draught of the original Code being all-comprehensive and rationalized is to be in so far as life permitts, the whole of it the work of one and same hand: 2. and that it is not to be the work of any person or persons invested with any share in the sovereign operative power: it being reserved for them to go to work upon it and put the last hand to it, and finally put /attach/ their sanction to a Code of the draughtsman in question containing so much, if any thing, of the original Code as they shall have approved of: and that in case of competition, if two Codes already drawn, on all other grounds possessing an equal claim to acceptance, one having for its draughtsman a native, the other a foreigner, the one drawn by the foreign hand affords as far as it goes (for there seems little probability of its being by any such hand rendered in all its details compleat) possesses the fairest title to acceptance: at the same time, it being considered that of the obtaining from foreign hands a number of works of this description, or even so much as a single work there can not be any thing like a full assurance, the case of its being the work of a native can not be left out of the account.
[036-191v]
1821 Aug. 19
Codification Offer
Abridgm t
'.9. Draughtsman gratuitous /'.10. Legislation School/
/'.2. Advantages/
Be the sort of work what it may, the stronger a man's relish for it, other things being equal, the higher is the degree of aptitude he is likely to give to it: and without some degree of relish that any tolerable degree of aptitude should be given to any such work is next to impossible. The more persevering the course of labour necessary to the execution of the work, the more indispensable is this relish, /is the possession of the qualification thus denominated,/ in the character of a necessary condition to the aptitude of the work so executed. Suppose no reward attached in any factitious shape, the probability is - that the natural reward will be put in for by all by whom the relish is possessed and by none by whom it is not possessed: by all with the exception of those men who stand excluded by inability to find the means of subsistence during that time. Apply the factitious reward the probability is that it will be put in for by those and those only, who to a relish for the factitious reward - say in a word for money - add a hope sufficiently assured, of being taken for objects of preference, by those in whose hands the power of patronage is regarded as being lodged.
[036-192v]
1821 May 19
Codification Offer
'.5. Draughtsman single
(a) In English usage, where the word Board or the word Commission are employed, it is generally understood that the person by whom the Members are nominated is the Monarch: where the situation in question is regarded as permanent, Board; where occasional and transient, Commission, is the word commonly employed. Committee is the word originally appropriated to Members nominated by one or other of the two Aristocratical branches of the Government: from there it has come to signify the select members of any number of individuals whatsoever nominated by the rest for any particular purpose. The word Junta or Junto though often used in English is seldom meant in any other than a dyslogistic sense (a sense betokening disapprobation). In Spanish (in which it appears to have originated) in Spanish as well as in other languages it is employed in a neutral sense: neither the idea of reprobation nor that of approbation being associated with it.
[036-193v]
1821 May 19
Codification Offer
'.5. Draughtsman single
Occupied in the sort of business here in question, a Board - a Commission, as above, are organs of the will of a Monarch: a Committee, of the will of an aristocratical body. Of the influence which this difference will make in the character of the draught, intimation has been already given. But the draughtsmen are in both cases more than one: from this circumstance spring effects which belong to both cases in common, and which come now to be brought to view.
As to the sort of political implement in question - call it Board - call it Commission - call it Committee (a) - of its distinctive character intimation has already been given [...?] on more occasions and in more places than one. A Board is a screen: a folding-screen: a screen for mal-practice in every shape: a screen to the evil-doer from the eventually penal and beneficially restrictive force of public opinion: an instrument for the diminution of effective responsibility: the penal impression being rendered fainter and fainter by every addition made to the number of the Members: of the strata, of folds, of which if this be the image employed the instrument may be considered as composed. " Not in me but in those others is the fault": such, of each of them, is the assertion: and falsity of this assertion, how compleatly so ever false, seldom if ever, can any sufficient proof be forced into legal day-light.
(a) Note (a) see on the next page
[036-194v]
1821 Nov. 23
Codification Proposal
Abridgm t
'.9. Draughtsman gratuitous
III On the part of the work, on the one hand comparative inaptitude through precipitation, or on the other hand needless and useless delay up to final non-execution, according to the mode in which the pay is connected with the looked for service.
Apply the pay in one way, the work suffers for want of time to do it well in: apply the pay in another way, the work lingers, and for a time more or less considerable the benefit of it is lost; apply it again in another way, the pay is continually received, and the work never executed.
1. The work suffers for want of time to execute it in, - if, a time being fixed, after which no draught shall be received, the interval allowed is not sufficient for giving to the work that degree of aptitude which a greater length of time would have given to it: the ablest workman either shrinks from the work, or by haste is prevented from giving to it that degree of aptitude, which, in a greater length of time he would have given to it:
2. The work will be apt, - not to say will be sure, to linger - if the reward, in the shape of pay, and in all shapes taken together be so ordered, that the workman sees more profit for himself by delay than by dispatch
3. The work will never be executed at all if the connection between reward and service be so formed, that, on the completion of the work, the condition of the workman would, instead of being bettered be or be in danger of being rendered worse.
An example of this last arrangement, and of the effect of it may serve for the second likewise. Before me
[036-195v]
1821 July 15
'.7 /8./ Foreigner best
or
'.5 Draughtsman single
As to ease it is in this case that ease and that alone which is the result of inaction where action is a duty: incontestably a moral duty; nor yet howsoever violated, ever denied to be a political one: a duty, as it is in the case as where a public functionary as such receives public money from the people in consideration of service undertaken to be rendered to the people.
As to ease in the sense in which it is synonymous to peace of mind it is not only not the same with but incompatible with that ease which consists in the violation of the compact /engagement abovementioned/ whereby to the extent of a mans faculties service is engaged to be rendered to the public as above. He sees that he is a dead weight pressing upon the people - he sees that he is seen to be so: he sees that in their eyes his existence is a nuisance.
[036-198v]
1821 July 12
Codification Offer
'.9. Draughtsman gratuitous
in one mode of payment the completion of the work may may thus be prevented: in another the very commencement of it: in another again the completion of it may be unduly accelerated, and thence by the precipitation the quality of it may be deteriorated, and that, where no reward other than the natural reward is either in possession or in prospect no one of all these several evil effects, if at all likely, is so likely to have place as in the case where factitious reward, with the patronage inseparable from it, is added as above.
[036-199v]
1821 July 12
Codification Offer
'9.
Custom would prove the necessity of civil lists for idiot services of the lowest intellect: what should it be for d o of the highest?
To no one of all those to whom /who/, for services the most perfectly useless or the most inordinately worse than useless have been in the habit /custom/ of looking to factitious reward in all its shapes as a means not only of subsistence but of preeminence could any such notions as these fail of being in the highest degree unacceptable /[...?]/. For the alledged necessity of factitious reward they would find in custom a plea as well /a most efficient/acceptable/ a plea and the only one /adapted to their purpose/.