JB_113_035v.xml

Title: [[113-035v] 1821. June 20. Codification]

Description: [113-035v]

1821. June 20.

Codification Offer

'.7/8/ Foreigner why

'. Advantages of foreignership summed up

of these prejudices will those persons, from whom alone the Code of his framing can derive its binding force, have any share.

The national prejudices - the erroneous preconceived opinions - derived from nationality, whatever they may be, which may have exercised an influence, more or less prejudicial, on his work, will find, ready prepared for them, a check, composed of the prepossessions, reasonable and erroneous together, of those on whom the work will have to depend for the acceptance given to it: at their hands it will not fail to receive any alterations which, in the name of amendments, they may be pleased to make in it.

In the case where the draughtsman is a native, this check, useful as it can not be denied to be, has no place.

Upon the whole, the advantages promised by the choice of a foreigner on this occasion in preference to a native, may be thus summed up -

1. In its ultimate state, the Code will be less exposed to be vitiated by particular and thence sinister interests.

2. It will be less exposed to be vitiated by prejudices, appertaining to the country in relation to which it obtained the force of law: he being, by the supposition, no partaker in them.

3. The draughtsman being, with reference to that same country, a foreigner, whatsoever prejudices imbibed by him in his own country it may happen to him to be a partaker in, will not be likely to be adopted, and thus made to vitiate the Code: and thus it is that it will have the fairest chance possible of remaining as clear as possible of all pernicious prejudices.

4. So far as regards positive intellectual aptitude and active talent, a comparatively unapt hand will be less likely to have been employed than if it had been the hand of a native: the foreigner having neither recommendation nor support other than the reputation of appropriate aptitude.

5. After its supposed completion, as far as capable of being compleated by the foreign hand, it will be more jealously watched and searchingly scrutinized into than it would have been had it been the work of a native hand: and thus, whatsoever imperfections may have place in it, will be more likely to receive correction in such other hands as it will have to pass through.

JB_113_120v.xml

Title: [1821 June 11 Codification Offer]

Description: 1821 June 11

Codification Offer

'.7. Foreigner why

Upon the whole the advantages promised by the choice of a foreigner on this

occasion, in preference to a native, may be thus summed up -

1. In its ultimate state, the Code will be less exposed to be vitiated by

particular and thence sinister interests.

2 It will be less exposed to be vitiated, by prejudices, appertaining to the

country in relation to which it obtained the force of law: he being, by the

supposition no partaker in them.

3. The Draughtsman being with reference to that same country a foreigner,

whatsoever prejudices imbibed by him in his own country it may happen to him to

be a partaker in, will not be likely to be adopted and thus made to vitiate the

Code: and thus it is that it will have the fairest chance possible of remaining

as clear as possible of all pernicious prejudices.

4. So far as regards positive intellectual aptitude and active talent, a

comparatively unapt hand will be less likely to have been employed that if it

had been the hand a native: the foreigner having neither recommendation nor

support other than the reputation of preeminent appropriate aptitude.

5. After its supposed completion as far as capable of being completed by the

foreign hand, it will be most jealously watched and searchingly scrutinized into

than it would have been had it been the work of a native hand: and thus

whatsoever imperfections may have place in it will be more likely to receive

correction in such other hands as it will have to pass through.

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.