036_110_002.xml

Title: [1821. Nov. 26. Codification Offer]

Description: 1821. Nov. 26.

Codification Offer.

1.8 Foreigners Best

For example of the differences, look here likewise to the situation of Military Commander. On first point, suppose a certain degree of inaptitude — such as seems to have been not unfrequently manifested, every thing goes to ruin: ruin, which, in their case, is very apt to be beyond recovery.

Look to the situation of Finance Minister. Suppose here a correspondent degree of inaptitude, every thing though not absolutely in the gulph of ruin, may without difficulty be on the road to it. In this case, however, means for the stoppage of evil not being ever so compleatly wanting as they may often be in the case of the Military Commander, ruin not being so prompt, never can be so compleat as it sometimes is in that. Still, however, the case formed a contrast sufficiently manifest with that of the legislative draughtsman, and in particular when applying his faculties to the particular sort of work in question. This, it is true, supposed the absence of all such exclusive privileges as puts a negative upon the labours of other works in the same line. For in that case the mischief of an improper choice might be so great, and to be equal to the whole difference between the aptitude of the body of the law, taken in the state in which the function of drawing into a new and was committed to the foreigner's hand, and that of the most apt body of law which, supposing him out of the way, would have been drawn up by another hand. But in any such exclusive preference would be involved an absurdity, a further exposure of which may be seen in the next succeeding section.

One good effect for the production of which the choice of a foreigners in the case in question bids fairer than the choice of a motive, remains yet to be brought to view. This is the superior probability, with which, for a body of law framed in its original state by a hand thus circumstanced, a hope may be entertained of its receiving adoption at the hands of other nations. Supposing any such acceptance given, the consequence is, over and above whatever good may come to be produced by it in each nation taken singly, the benefit that can not but be produced by it in the character

036_115V.xml

Title: [[036-115v] 1821 Novr 19 Codification]

Description: [036-115v]

1821 Novr 19

Codification Proposal

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Inserendumae

In the course of the Arguments /may be found/ an acknowledgement may be found that to the drawing up on the plan in question an entire body of law expressed throughout in terminis no man can be competent if it be for the use of any other political state than the one with the peculiar circumstances of which he has made obtained such an acquaintance as can rarely have been obtained by any one who is not by birth a Citizen of that same state But this incompetence whatsoever may be the degree of it does not extend to the original draught designed to form the ground work of such a Code: By what hand so ever the original Draught /this initiative/ has been drawn up, there will always in the [-----?] of the legislature an authority to which it will belong to revise the original Draught /this initiative/ and put the last hand to it: By this revision all objection to the making choice of a foreigner for the original draught /taking /receiving/ the original draught from the hands of a foreigner/ is removed: and the consequence is - that if by any particular circumstances the hand of a foreigner as such should be found to afford for such a fairer promise than that of a native can, any objection which on the ground of foreignership might otherwise be regarded as conclusive against the acceptance of any such offer as the present is removed.

JB_012_065v.xml

Title: [1822 Feb 3 '.10. Foreigner best]

Description: 1822 Feb 3

'.10. Foreigner best

In no cases will a bad code be so likely to be obtruded upon the nation if penned

by a foreigner as it penned by a native. Not being a subject of personal

acquaintance the foreigner will not be an object of any exclusively prevalent

personal attachment.

So in the opposite and corresponding account, a good code will not be so likely

to be rejected if penned by a foreigner as if penned by a native Not being a

subject of personal knowledge, the foreigner will not be an object of personal

enmity or dislike.

How intimate the connection is between the two questions that concerning

preference and that concerning admission and that concerning preference is

sufficiently manifest. The truth is - that it is rather for the sake of the

question concerning admission than for its own sake that the question concerning

preference is here argued. What is meant to be said to the reader is this. Fear

not to give admission to the foreigner's draught: for in the oft proposed

character of a basis for the sanctioned Code any draught having a foreigner for

its author is adopted, having as here proposed been admitted comes to be adopted

the probability is that so far from being in the scale of aptitude inferior to

every draught sent in by a native, it is superior.

So again in regard to preference. If, as you say it is only in case of its being

regarded as considerably superior in the scale of aptitude that it is likely to

be preferred, and if at the same time it is in that case likely to be preferred

to what use (it may be said) plead for the position that if /were/ it be but

equal in aptitude to the most apt of those sent in by natives it is entitled to

the preference the reason is - the observations here made may be considered as

made to each reader individually: and on that supposition I say to each - If

among the several draughts there be one which being a foreigners is in your eyes

equal in aptitude to the most apt of all such as are sent in by natives, fear

not to give your suffrage in favour of the foreigner's Why? because unless in

the legislative body a [...? ...?] not only that it is more apt than that of any

native but likely to be regarded as such by a majority of the people there is no

likelyhood of its being adopted; therefore supposing the draught ever so unapt,

there is no likelyhood that any vote you can give in support of it will be

attended with any pernicious consequence.