[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.
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    Description: 1821 Novr 29

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    '.8. Foreigner best

    This being explained, the following /a/ position may in the character of a

    position to be proved be laid down without danger of being misconceived, and

    thereby without danger of appearing, as without such /this/ supposition it might

    have been apt to do pregnant with palpable absurdity

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    exercise of the consummative function, what is admitted and maintained is - that

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    '.8. Foreigner best

    If by the exercise of this initiative function power called the initiative power

    were exercised, and person exercising it were a foreigner, not only on this

    supposition would power be exercised by this /such/ foreigner, but a power

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    to them /respectively to him/: conceive any mass /body/ of discourse capable of

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    consummative power it could not be prevented from becoming law till after

    discussion whereas by the possessor supposing here such possessor of this

    initiative power it could without any discussion be prevented from becoming law:

    it could be prevented from being discussed: by mere inaction, and without any

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  • Title: [[lxxxiv. 14 1821 Decr 4 Codification]
    Description: [lxxxiv. 14

    1821 Decr 4

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    ?.5 Draughtsman Single

    A Monarch may without difficulty be conceived capable of officiating in the character of draughtsman of such a draught. A man with wings is as easily conceivable as a man without wings.

    A supreme operative body, with or without a supremely constitutive body above them may with as little difficulty be conceived operating all the Members at one and the same time in the official [?] composition of a draught of this sort, as in universal practice they are in the revision of it. But in the case of a draught of any such extent any such conjunct [?] composition will /it will immediately/ be seen to be physically impossible.

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