[036-200v]

1821 July 5

Codification Offer

'.9. Draughtsman gratuitous

Under such a government therefore, from a stipendiary as well as from a gratuitous draughtsman, might not universally be expected, a work exempt from all deterioration, in so far as sinister interest generated by corruptive influence is the only source from which it can flow: and the hands of a Draughtsman appointed by a Committee of the legislative body being in this case the hands of a single individual, would for the reason above maintained /given/ even though he were a native be more competent /apt/ than the hands of the Committee itself.

Still however this Draughtsman, if a native would /still this native draughtsman single as he is will/ not in respect of aptitude in one shape aptitude in other shapes equal be upon a level with a foreigner. For though in this case error having sinister interest for its cause is not to be apprehended: their remain those errors which have prejudice - local prejudice - for their cause. To the /any/ prejudices of the natives draughtsman or no draughtsman there would be no check: to the /any/ prejudices of the foreigner there would be an assured check: a check composed of such native prejudices as well as of such native reason as have place in the breasts of the natives.

[036-201v]

1821. May 12.

Codification Offer

'.10 Offer /Draughtsman Gratuitous/

Reward refused why

subjected to a proportionable diminution. Suppose the shape of it that of an annuity or fixed salary, to continue during the time the workman was occupied in the work, the reward would, in this case also, be a bounty upon delay: and in this case likewise, interest set in opposition to duty

True it is that if reward in any such shape were necessary to the obtainment of the service, this being supposed, by a sort of mixture of the present with the future - of antecedent or concomitant reward with future contingent and subsequent - by a mixture of this sort, if made in apt proportions, the objections abovementioned might, in good measure, if not altogether, be removed.

But even suppose this effected, the consideration of the situation of the hand or hands from which alone, in any case, the reward would be to be received, presents another circumstance, that would be in a state of incurable /irremediable/ opposition to the goodness of the work itself: of the work itself, or, at any rate, to the ultimate receipt of the service intended by the execution of it.

1. In any representative democracy, as yet in existence, scarcely would the operative rulers think of accepting, at the hands of any individual with the intention of taking it into consideration, any such work: not even if proffered ready made; much less of giving, or offering, any reward for the setting about and framing any such work.

2. In a Monarchy, absolute or limited, by the Monarch no work, on the subject in question, directed to the end in question could consistently with the unchangeable nature of man, unless in the extraordinary case of a desire to abdicate, be wishes for: wished for, either by the Monarch, or by any other individual, acting in conformity to his wishes: for no work, directed to any other end, than that of the sacrifice of the greatest happiness of the greatest number, without any sensible sacrifice of the particular interest of that one, could acceptance, and thereby usefulness, be reasonably expected. Here, then, would be a temptation, by which the workman would be continually excited, either to take for the entire purpose of his labours, an improper purpose, or, in this or that matter of detail, on this or that particular occasion, to be continually turning aside from the only proper, to this or that particular improper, purpose. Let the temptation even experience a resistance ever so compleat and effectual, still the fact of its effectiveness could not, in the nature of the case, be universally or generally matter of notoriety. By the suspicions which, in this state of things, it would be impossible altogether to wipe away, even if acceptance were not prevented, that esteem, on which the goodness of the service done by the production of the work so materially depends, would unavoidably be lessened.

[036-202v]

1821. May 11.

Codification Offer

'.10 Offer /9 Draughtsman gratuitous/

'.10. Offer relative to a work of the sort above described.

Of the sort of work the demand for which, as above, has place in every nation, and in every nation remains as yet unsatisfied, a /the/ description has now been given. For the service of any nation on the globe, this demand the author of the address is ready and willing to do what depends upon him towards satisfying. Of his readiness for this service, sufficient intimation was, indeed, afforded as long ago as the year 1817, by a publication of his in English intituled "Papers relative to Codification" &c. But, though that publication forms an 8 vo. volume, it contains no more than a part of the testimonials, by which this offer is accompanied. Nor, of the topics touched upon in this address, will any (it is believed) be found there brought on the carpet, with the exception of those which regard all-comprehensiveness and the rationale.

In the publication just mentioned, the anticipated rejection of reward of a pecuniary nature, in any shape, stands announced, and, of the seriousness of the declaration, proof afforded: afforded by the mentioned return of a present from the Emperor Alexander. But, on the subject of the importance of that condition to the usefulness of the service, nothing would in that place, (it is believed) be found. This deficiency has been herein above supplied.

The shape of such reward would either be that of a benefit conferred, the whole at one time, or that of a benefit conferred in parts at different times: viz, as the phrase is, by instalments: in which latter case the simplest and most ordinary form is that of an annuity for life or years. Paid at once, it would naturally be paid, either before the commencement of the service, or not till after the conclusion of it. Paid in the whole before the commencement of the service it would render the whole of the service altogether precarious, and in this way every thing that by improvidence in the arrangement could be done towards giving to uncertainty its utmost degree, would manifestly be done. Paid no part of it till after the completion of the service, it would operate as a reward - a bounty - for precipitation: for precipitation, and thereby for imperfect and unapt performance: while, on the other hand, by the uncertainty manifestly attendant on the event of completion, the value of the reward, to a very considerable degree, and with it the probability of its finding acceptance on the part of any competent hand, would be

subjected

[036-203v]

1821 June 27

'.9. Draughtsman Gratuitous

Set now before the eyes of candidates a mass of factitious reward: put aside for the present the consideration of the particular shapes of which this species of reward is susceptible: assuming only that pecuniary reward /constitutes/, if not the whole constitutes one ingredient in it.

Of the reward naturally attached to the service, the public /people/ at large - the particular individuals indistinguishable, unassignable, are the conferring /adjudicating/ Judges: no offices, no factitious situations no patrons no patronage: no person or persons applying in that quality, designedly or undesignedly to the will and active faculties of the Candidates, the power of corruptive influence, in such sort as /tending/ to produce on the part of the candidates, corrupt obsequiousness: obsequiousness with reference to /as towards/ the particular and thence sinister interests and thence to the wishes rightly or erroneously presumed of these same persons in the character of possessors of the correspondent patronage.

But factitious reward pecuniary reward in a pecuniary shape, factitious reward, to a greater or less amount being held up to view, corruptive influence on the one part, corrupt obsequiousness on the other, comes along with it - comes of necessity - comes of course. It /The boon/ can not be received, but there must be some hand by which it is conferred: here there is patronage: hands of a patron or patrons are the hands by which it is conferred. On the part of the patron on the part of the man of power /on the part of the patron, by means of the dependant/ here is an opportunity of ministering by means of the dependant to whatever may be his separate and sinister interests; on the part of the protege, the dependant protegé inducement - inducement ample - for employing himself in the course of this work, in ministering to that same purpose.

[xxxvi. 209]

1823. Feb. 27

Constitut Code

Factitious dignity

Ancestry

Probabilized misconduct

Factitious honor and dignity

The more respect a man receives on account of factitious honor and dignity or on account of ancestry, the less the inducement he has to practice those self-denials those labours and those abstinences /to possess himself of those points of appropriate aptitude/ which are more or less necessary to a mans rendering himself serviceable to mankind: the less therefore is likely to be his aggregate appropriate aptitude with relation to the habit of such serviceableness, or in a word in relation to virtue public and private virtue.

Oh no! cries the man of ancestry. I possess a title to your esteem and confidence, a title such as no man who is not equally gifted in this respect can pretend to. For good conduct in all its modifications I have an inducement in which no other man whose ancestry is not as illustrious as mine, can pretend to have an equal share Nothing dishonorable could I ever do without tarnishing the lustre of my family the lustre shed on it by my ancestors.

Oh how supremely silly all such language: supposing it sincere, how perfect the blindness betrays of the ruling principles /efficient causes/ of human conduct! What he has in common with all others is the being dependent for no small part of his comfort upon the good opinion, the good will the good offices positive and negative, of the human species in general particularly those individuals of it with whom it happens to him to have most intercourse By any thing otherwise than honorable by any act of his that has any thing dishonorable in it whatsoever kindness may be in their sentiments and affections in relation to him will be lessened. Suppose this inducement to have lost its force, what force in that same /the tutelary/ direction /in question/ can be exerted by those empty sounds If his care for himself be so little, on what ground can it be regarded as any greater for a set of men whom he never sees, of whom he knows comparatively nothing, from whom he never could have received any token of kindness, to /towards/ whom he never could have manifested any mark of kindness, and to whom his qualities and his very existence were [...?] and perfectly unknown?

[036-282v]

1821. June 10.

Codification Offer.

'.5 Draughtsman single

1. Separate aptitude

sinister interests prejudices and weaknesses, for his own benefit and accommodation,

together with that of any such individuals connected with him in the way of

self-regarding interest or sympathy, as, on this occasion, it may please him to take

under his wing: more particularly, all such as, in any apparently safe shape, may, to

the disposition, add the means, of making adequate demonstration of their gratitude.

As to a rationale such as above described, the Code in

question being an all-comprehensive one, the possibility that such an accompaniment to

it should be executed in a case such as that in question, is, by the very supposition,

excluded. It being by the very nature of man rendered impossible that, in that

situation, the greatest happiness of the greatest number should be taken for the object

of pursuit, or any other object than the greatest apparent happiness of the ruling one,

- an object, with the pursuit of which, the pursuit of the happiness of the greatest

number is, in the most important parts of the Code, incompatible, - any attempt to

interweave, as above, with the obligatory part of the Code, an accompaniment of this

sort, could not, supposing the workman known, and known to be in subjection to his

employer, promise itself any more acceptable effect, than that of exposing the workman,

as well as his high employer to ridicule.

[xxxvi. 284]

1823 Sept. 18

Constitutional Code for Greece

Preface

Territory, name, etc.

?. Divisible into Enactive, Expository,

Rationale and Instructions to the Legislative

What is now sent is the Enactive part only.

To J.C. and R.D. Note to be attached to p.1. by reference from the word I Enactive part in the title

{I Enactive part} Throughout the whole of this part of the Code Two other parts accompany it - the Expository, and the Rationale: the Expository, for fixing the import of the leading terms, by appropriate Explanations and Exemplifications: the Rationale, by indication given of the principal reasons by which the arrangements were in their several distinguishable parts recommended. But though the preparation of these two subsidiary parts has uniformly gone hand in hand with that of the principal part neither of them could be got in readiness for the present occasion. Here and there however, should time allow portions more or less considerable of these parts may perhaps be now added: and the remainder, in proportion as it is adjusted will follow.

[xxxvii. 4]

1821 April 3

First Lines?

1. Civil?

Security

First Lines of a proposed Code of Law for any nation compleat and rationalized

Security is the exclusion /non-existence/ of danger.

Danger is a chance of evil: evil considered as contingence

Evil is either positive or negative

Positive evil is either actual suffering or the cause of it

Negative evil is the absence of good,

Good is either positive or negative

Positive good is either enjoyment or the cause of it.

Negative good is the absence of evils

Note

Moral evil is physical evil considered or produced by the agency or operation or agency, positive or negative of human being in certain circumstances. Take away /Suppose the non-existence of/ physical evil you take away moral evil: you have nothing but the name moral evil a set of words having /a combination of signs/, by which nothing is designated.

1821 April 3

First Lines

1. Civil

Security

The sources of danger are operations or agencies

Operations from whence danger may arise are either of things or of persons

Persons considered in respect of any evil which their agency is the source, are termed adversaries

Of adversaries the situation is either with reference to that of the members of the community in question either external or internal

External adversaries are termed enemies foreign enemies they may be termed Adversaries from without /Of/ Internal adversaries may be either in the situation /the situation may be either that/ of subjects, or in that /that/ of rulers. In both cases they are Adversaries from within

Adversaries in the situation of subjects are /may be termed/ adversaries on a level. namely with the class of persons whose security is in view. They are termed malefactors, criminals, and with reference to any laws that may be made for the purpose of affording security against their operations as such - offenders, delinquents, transgressors

Adversaries whose situation is that of rulers, may be termed Adversaries from above.

The branch of law by which Security in so far as provided against malefactors, is provided is the penal branch. The Code by which it is provided is the Penal Code.

The branch of law by which security, in so far as provided against Adversaries from without is provided, is the Constitutional branch. The instruments of this security constitute the Military Force

1821. April 8th.

Constitutional Law.

/First Lines/

Const[?]

Explanation

Constitutional Law has for its object security against misrule: security against those adversaries of the community to whom while /in whose instance/ their situation bestows on them the denomination of rulers, the use they make of it adds the sdjunct evil and thus denominates them evil rulers.

In a Code Of Constitutional Law, /it may seem/ arrangements of two different complexions may be distinguished /must have place/: one set of the nature of those belonging to the distributive /or civil/ branch of law, having for their occupation the distribution of the powers of Government with the opposite and correspondent burthens: the other set presenting a penal aspect: having for their subject /occupation/ the giving a description of a particular class of crimes and of the arrangements employed against them in the character of remedies. /But that the thread may not be interrupted, convenience - recommends the placing what belongs in these countries, in company with what belongs to others, in the penal code?/

In the situation of a ruler, as such, no act that he can committ, be it in ever so high a degree mischievous, wears the denomination of a crime: King, or by what other denomination designated, a ruler can do no wrong. For the same evil act which, if committed by a subject, would be wrong, becomes, by the mere circumstances of its being committed by a ruler, - becomes not wrong, but right.

So far as it wears the complexion of penal law, constitutional law has these two for its distinguishable and contrasted objects: first, the ordering matters so that those who to some purposes and on some occasions, occupy the situation of rulers, shall, in respect of their conduct in that and other situations, be liable to be dealt with in the character of offenders delinquents, criminals: 2. the prdering matters so that for /to/ acts done in resistance to, or for prevention of, misrule, and thence productive or more good than evil - to such acts, of whatever penal denomination they may appear susceptible, no such punishment, if any, shall be allotted as might, with propriety, be allotted to them, if the application of them to the prevention of misrule had no place