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1821. June 19.
Codification Offer
S.7. Foreigner, why.
themselves to the workman could not fail to stick close to him, and attach themselves to the work: on the part of such members of the influential class on whom, but for the intrusion, the choice might, according to their view of the matter, have fallen; on the part of the members of the community at large, a general apprehension, a vague though perhaps not the less energetic apprehension — of inaptitude on his part, either in a moral, or in an intellectual shape, or in both.
Under these circumstances, nothing short of a strong and extensive persuasion that, in case of trial, his appropriate aptitude would, in all shapes, be found to stand the test of experience, could, it seems manifest, suffice to produce, in the case of a foreigner, either an invitation to undertake the works, or the acceptance of an offer on his part for the undertaking of it.
But, in this persuasion, would be include the persuasion of his appropriate aptitude — not only in all intellectual shapes, but in a moral shape: in a word, the persuasion that, by no reward that could be received by him, could he, if solicited, be induced to insert in his draught any proposed arrangement by which, if adopted, a sacrifice would be made of the universal interest to any particular and sinister interest.
2. Another circumstance that ought never to be let slip out of mind, is — the power, or rather the want of power, on the part of the draughtsman, more especially on the supposition of his being a foreigner, with relation to the ultimate effect of such his work. Be they in number, in extent, or in mischievousness ever so transcendent, only in the event of their receiving the force of law, can any improper arrangements proposed by him be productive of any mischief, with which it may happen to them to be pregnant. The more manifest it can not fail to be to himself, that every arrangement he proposes will be more narrowly watched than if proposed by a native, so much the less likely will he be to put his reputation to hazard by including in his draught any arrangements, for the support of which no such reasons as, in his eyes, are adequate have been attached.
A good arrangement is an arrangement in support of which adequate reasons can be given. If to this or that arrangement proposed by him, either no reasons at all, or none that appear adequate, have been attached, nothing can be more obvious, nor more likely to be adopted than the conclusion that
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Title: [1821 June 10 Codification Offer]Description: 1821 June 10 Codification Offer '.7. Foreigner why In the next place suppose the choice to have settled upon a foreigner whose case were in such sort distinguished, as to shut the door against all competitors - and by such foreigner suppose a draught prepared and given in accordingly, still the same salutary jealousy - the same efficient causes of watchfulness that had attached themselves to the workman could not fail to stick close to him, and attach themselves to the work: on the part of such members of the influential class, on whom, but for the intrusion, the choice might according to their view of the matter have fallen; on the part of the members of the community at large, a general apprehension a vague though perhaps not the less energetic apprehension - of inaptitude on his part, either in a moral, or in an intellectual shape, or in both. Under these circumstances, nothing short of a strong and extensive persuasion, that, in case of trial, his appropriate aptitude would in all shapes be found to stand the test of experience, could, it seems manifest suffice to produce, in the case of a foreigner, either an invitation to undertake the work, or the acceptance of an offer on his part for the undertaking of it. But, in this persuasion would be included the persuasion of his appropriate aptitude not only in the intellectual shapes, but in a moral shape: in a word the persuasion that by no reward that could be received by him, could he, if solicited, be induced to insert in his draught any proposed arrangement by which, if adopted, a sacrifice would be made of the universal interest to any particular and sinister interest.
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Title: [1821 June 10 Codification Offer]Description: 1821 June 10 Codification Offer '.7. Foreigner why 2. Another circumstance which ought never to be let slip out of mind, is - the power, or rather the want of power on the part of the draughtsman, more especially on the supposition of his being a foreigner, with relation to the ultimate effect of such his work. Be they in member, in extent[?], or in mischievousness, ever so transcendent only in the event of their receiving the force of law can any improper arrangements proposed by him be productive of any mischief with which it may happen to them to be pregnant. The more manifest it can not fail to be to himself, that every arrangement he proposes will be more narrowly watched than if proposed by a native, so much the less likely will he be to put his reputation to hazard by including in his draught any arrangements, for the support of which no such reasons as in his eyes are adequate have been attached. A good arrangement is an arrangement in support of which adequate reasons can be given. If to this or that arrangement proposed by him either no reasons at all, or none that appear adequate have been attached nothing can be more obvious nor more likely to be adopted than the conclusion, that no such reasons were afforded by the nature of the case: which is as much as to say that it is a bad one. Then again suppose a misconception or miscalculation on his part, and a mischievous and consequently not adequately justified arrangement included in his draught, mens eyes being in all ranks more widely open to its bad points than if it were the work of a native hand the danger of its being ultimately productive of any mischief with which it may have happened to it to be pregnant will on this further account likewise be, in correspondent proportion, less.
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Title: [[114-018v] 1821. June 19. Codification]Description: [114-018v] 1821. June 19. Codification Offer 8 Foreigner why[?] '.3.II Intellectual aptitude[?] I Judgment /2. Knowledge/ Thus stands the matter in respect of appropriate knowledge and active talent. In respect of appropriate judgment, the advantages will be seen to lie on the side of the foreigner as such. Error in judgment has for its causes prejudice and original mental weakness. Prejudice is erroneous prepossession. According to the nature of its cause, erroneous prejudice is interest-begotten, authority-begotten, or habit-begotten prejudice. The native will have his prejudices, the foreigner will have his. But the native draughtsman will find in the first place those to whom his draught goes for acceptance, in the next place, those over whom, if adopted, it will legislate, and whose portion of felicity or infelicity will, if it be adopted, be determined by it, imbued with, and more or less misled by, the same prejudices: whereas, whatsoever may happen to be the prejudices of the foreigner, they will not, on the part of those to whom it belongs to make what use it is their pleasure to make of his draught, be partakers with him in any of those prejudices of his, by which his case differs from theirs: in their minds he will find arrayed against his own peculiar prejudices not only such adverse prejudices as belong to their situation, but those apposite reasons, which, in so far as the nature of the case furnishes them, they will be set in search of, by the antipathy which, in their minds, in a greater or less degree his prejudices will, by collision with theirs, be so apt to excite. In every situation this antipathy will, in certainty and intensity and extent, be greater than, on account of those who partake in it, could be wished: and, in the situation of those to whom his draught would have to present itself for acceptance, it would receive ulterior excitement, from the wound given to individual as well as national pride and vanity, by the intrusion of a foreign hand, as well as from the more substantial sinister interests natural to that situation, as above.
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