date

1821. April 2 Codification Offer
1821. April 2

Codification Offer

'7 Foreigner why

3. A third circumstance which should never be let slip out of mind, is - in

regard to the circumstances by which a demand for legislation is created, or

liable to be created, the distinction which has been already brought to view,

between those which are common to all countries, and those which are peculiar to

this or that country in particular: and in regard to these last, the reasons

which have been given in support of the conclusions that in comparison of the

former they are in pint of extent and thence in point of importance plainly

inferior and subordinate.

If so, ir follows that by attention, rightly bestowed upon the circumstances of a

universal complexion, there is nothing to hinder a person born and bred in a

foreign country, and who has never set foot in the country for which the Code is

in contemplation, from being better qualified for the drawing up of a Code, even

for that country, than any person who, having been born and bred in that same

country, has never set foot out of it.

But if equally well qualified in respect of appropriate intellectual aptitude,

and appropriate active talent, in respect of appropriate moral aptitude or

appropriate probity, the appropriate aptitude possessed by a foreigner is beyond

comparison greater than any that can have place in the situation of a native.

The native, by whom the sort of Code in question is drawn up, will either be a

person possessing a share in the powers of Government under the form of

Government at that time existing in the country, or a person acting under the

command of those by whom those powers are shared: in either case, to the desire

he can scarce fail to add the hope, and thence the endeavour, to sacrifice to an

interest of his own, the interest and happiness of the greatest number in that

country.

A foreigner, howsoever in other circumstances, he might have had the desire, can

not, unless gained over by the rulers of that country to their interest as

above, entertain any such hope, nor consequently be occupied in any such

endeavour.
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    Of the distinction between these universally-applying and these exclusively applying circumstances, the above examples will, it is hoped, be found to afford a conception sufficient for the purpose. The distinction is capable of being carried, and in the proposed case will be carried, all over the whole field of legislation. In this place, to pursue it further would be to force so much of the matter belonging to the proposed Code into a slight preliminary sketch extraneous to it.

    With whatsoever country the draughtsman be a native, these circumstances of universal occurrence and applicability, may be equally and perfectly present to his notice. For those shades of difference which are peculiar to his own country, he will, as compared with a foreigner to that country, be - if not exclusively, at least preferable, qualified. But suppose two men, the one a foreigner the other a native, and the foreigner more fully conversant with the circumstances of universal occurrence than the native, and in all other particulars better qualified for making, all over the field of legislation, that provision which those same circumstances require,- this supposed, it follows that to the foreigner it may happen to be best qualified, though not for filling up the outline in every part with his own hand, by particular arrangements in terminis, yet for giving, in regard to the aptest mode of filling it up, such apt instructions and suggestions as, though the mind of the foreigner would not have presented them to him, may with advantage be employed by him for his guidance.
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    As by sinister interest moral aptitude may be affected and deteriorated, so, by prejudices, interest-begotten or otherwise derived, may intellectual aptitude. In any prejudices peculiar to the country in question, the foreigner, by the supposition, has no share. From prejudices imbibed in his own foreign country, no danger to the one in question can arise. In none 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.

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

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

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