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1821. June 17.
Codification Offer
'.7/8/. Foreigner why
'.3. II. Intellectual aptitude 2. Knowledge
'.7/8/. Aptitude in all other respects equal, the hand of the draughtsman should be that of a foreigner rather than of a native.
Appropriate intellectual aptitude, appropriate active talent, appropriate moral aptitude - as in the case of any other political function, so in the case of this one in particular once more, under one or other of these denominations will every branch and every point of appropriate aptitude be found comprisable.
1. As to intellectual aptitude: under which head let appropriate knowledge, or, as the official phrase is, information, in addition to sound judgment, be comprehended. In the present case more particularly, it is this one of the three branches of appropriate aptitude that, to many an eye, will present a preferable claim to precedence: for how great soever may be the mischief produced by the utmost conceivable degree of moral aptitude, still it could not but be exceeded by that which might be the result of the utmost conceivable degree of conceivable intellectual aptitude, supposing the suggestions by presented /pursued/. But, in such a situation as that in question, the existence of the highest conceivable degree of intellectual magnitude is not in any the smallest degree probable:- whereas, in that same situation, the existence of the highest degree of moral inaptitude is, in every instance, but too probable.
Under this head, so far as concerns appropriate information, an objection to every foreign hand, considered in comparison with that of a native, presents itself to the very first glance. But, when compared with the reasons on the other side, presented by the consideration of moral aptitude, all other points of appropriate aptitude being supposed equal, the force of this objection will, it is believed, be found decidedly outweighed.
I. The deficiency not so great as it will be apt to appear. Of the circumstances on which the demand for legislation, and the nature of the course required to be taken by legislation depends, some are common to all countries, to all races of men, and all times: say, in a word universally applying: others are, in different countries, in the case of different races of men, and in different times more or less different: say exclusively applying.
In comparison
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Title: [1821 Nov. 11 or 12 Codification Offer '.8]Description: 1821 Nov. 11 or 12 Codification Offer '.8. Foreigner best '.2. II. Intellectual aptitude 2. Knowledge 2. Under the head of appropriate intellectual aptitude, remains to be considered appropriate knowledge. In relation to this element of appropriate aptitude the native in the ordinary state of things possesses an advantage alike obvious and unquestionable. On his part, extent of acquaintance with the local and other particular circumstances of the country in question is at its maximum; on the part of the foreigner, at its minimum. Supposing appropriate aptitude in all its other elements exactly equal on both sides, the advantage of the native under this head would obviously and unquestionably be sufficient to turn the scale in his favour and put an exclusion upon the foreigner altogether. But, for the reason already brought to view, it will have been seen whether, individuals out of the question, and situation being compared with situation, in the several articles of appropriate moral aptitude, and appropriate judgment the superiority be not, and in no inconsiderable degree on the side of the foreigner From his inferiority in the scale of appropriate knowledge, as above particularized, no objection whatever to the placing the business in his hands will be found to result: 1. The importance of the deficiency in his case is not so great as it will be apt to appear 2 be it what it may, a compleat supply to it stands assured: assured, from the authority to which his draught will of course be referred.
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Title: [1821 Novr 11 or 12 Codification Offer '8]Description: 1821 Novr 11 or 12 Codification Offer '8. Foreigner best '.5.II. Intellectual aptitude 5. Effects of Foreigners aptitude will not be destroyed by Legislation Committee To the aptitude of the supply from this quarter one moment may present an objection, but another will dispell it. By the supposition it may be said, these natives will be labouring under those causes of inaptitude, those sinister interests and affections - (as well as prejudices) by which their appropriate aptitude, as well in point of moral aptitude as in point of appropriate judgment, is, according to you, placed so much below that of the foreigner. True: but, by that same supposition, the draught - the groundwork which they will have to work upon is a draught not drawn by their own hands, or by those of any other native, but by the foreigners: and by him it has been furnished with a rationale. In the outline then of the drawing, with or without the instructions above spoken of - in the outline of his drawing, with the bridle which it affords as well as the guide, will they find a check to, and a security against the effective predominance of those same sinister interests.
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Title: [[114-021v] 1821. April 1 Codification]Description: [114-021v] 1821. April 1 Codification Offer '7 Foreigner why Of the circumstances on which the demand for legislation, and the nature of the course required to be taken by legislation depends, some are common to all countries;- say in a word universally applying; others are, in different countries, more or less different: say exclusively applying. In comparison of those which, resulting from the nature of man in general, and of the general nature of the planet on which he exists, and from which he derives his subsistence, and which, accordingly, have place in all countries, those which are peculiar to different countries, and different races of their inhabitants are, in respect of the extensiveness of their application, and their relative importance, but inconsiderable. The great outlines which require to be drawn, on the field of legislation, by the hand of the legislator, will be found to be the same for every territory, for every race, and for every time: only in this or that territory, only for this or that race, only for this or that time as distinguished from this or that other, will the filling up of those lines be found to require to be, on this or that point, more or less different. In every country, and for every race, at every time,- of the all-comprehensive and only defensible end - the greatest happiness of the greatest number - of the four most comprehensive particular and subordinate ends - viz. subsistence, abundance, security and equality, with their several divisions and sub-divisions, will the description be found the same: Only of the means best adapted to the accomplishment of those great ends, in this or that country or for this or that race, at this or that time, will the description, in this or that particular, be found in a greater or less degree different.
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