044_014_002.xml

Title: [1821. June 19. Codification Offer]

Description: 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

no

JB_113_079v.xml

Title: [[113-079v] 1821 June 20 Codification]

Description: [113-079v]

1821 June 20

Codification Offer

'.9 Draughtsman gratuitous

'.9. The greatest happiness of the greatest number requires that the work in question be performed, if possible, gratuitously: in such sort that no factitious reward in any shape, at the hand of any person, shall be received or expected from it.

The subject being factitious reward, and question being between the absence and the presence of it, a few words may here be of use, to shew what it is that by the means of the preceding considerations, is looked upon as proved.

1. The Code, all-comprehensive: 2. with a rationale for its accompaniment: 3. shewn in the rationale the conduciveness of each distinguishable arrangement to the all comprehensive end so often mentioned: 4. the reasons or sets of reasons attached in the way of [...?] positions to the several arrangements which they are employed to explain and justify: 5. throughout the whole field of law the work thus described the work, if possible, of a single hand: to wit a hand not possessing any share in the supreme operative power of the state, nor yet dependent on it 6. that it be known to be so; and 7. that it is known universally known - whose that hand is: 8. that, as between two individuals a native and a foreigner equal in respect of all other points of appropriate aptitude, the grounds of preference as to such parts to which his aptitude extends - to wit every thing that does not depend on local circumstances, is on /belongs to/ the ground belonging to the foreigner: were it only that were the hand that of a native i.e. a member of the community in question he would either be himself a sharer in the supreme operative power of the state, or by means of eventual punishment or reward dependent on it: but that, /at the same time/ if by no foreigner /foreign hand/ any adequate promise of superior appropriate aptitude is afforded, that of a native is not to be - can not be - rejected: and that forasmuch as in every political community, there will be some subordinate part /and specific portions/ in the field of legislation which for want of local knowledge the hand of a foreigner will not be competent to cover, it would were it only on this account be necessary that the last hand should be set to the Code in every part by those in whom the supreme power of the political community resides.

JB_160_247v.xml

Title: [[160-247v] 1821 Dec r 24 Codification]

Description: [160-247v]

1821 Dec r 24

Codification Proposal

'.5. Draughtsman single /Admission Universal/

As to the choice of hands here follows expressed in the fewest words possible a general indication of the result of the present enquiry, expressed in the smallest possible number of words: an indication of the conclusions formed, together with a correspondently concise and compressed indication of the principal considerations by which these same opinions were suggested

I. Conclusions

1. Original Draughts, the more the better: so as to proposed alterations.

2. For Draughtsmans service reward at the public expence none.

3. For the original Draught, a Foreigner as such is likely to be most apt.

4. For each original draught workman one only: it being known that there is but one, and who he is

II Principal grounds and reasons of the above conclusions

1. For multiplicity of competitors. The more the draughts, the greater the chance of having the best possible: and the more compleatly powerless the draughtsman is, the less his chance of his flattering himself with the hope of being able by means of his draught to give effect to any sinister interest or prejudice.

2. For preferring a foreigner, exemption from native sinister interests and prejudices.

3. For gratuitousness of the service, avoidance of inaptitude through favoritism, and precipitation: and of delay and final non-performance.

4. For singleness. The more the hands, the less the responsibility: the less the force of the quondam power of public opinion upon each.

the above are but faint anticipations. For placing all these several points in full light, considerable explanations will be unavoidable

To commence with the article of singleness. Hands concerned in each draught, no more than one