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1821 Nov. 12 Codification Offer '8. Foreigner best '.7 III. Active Talent /IV
Tout ensemble/ None but the best eligible Legislative affords better test than
Administrative
Much nearer to the case of the department of legislation taken thus in the whole
of its extent comes the case of the department of finance. Here, how far so ever
from conclusive, indications capable of being furnished by a literary work
having the field of this department for its subject can not be denied to be
capable of composing an instructive test of appropriate aptitude. See at the
same time how far, in this instance the most instructive test which all such
indications taken together are capable of affording in proof of appropriate
aptitude is from being conclusive. Suppose on this part of the field of
legislation a work produced, surpassing all that till then had appeared in that
filed as the work of Adam Smith on political economy surpassed all that down to
that time had appeared. From this work taken by itself could it with any thing
like adequately grounded assurance be affirmed, that with reference to the
situation of Minister of Finance, appropriate aptitude taken in all its parts
put together is in the person of the author of this work greater than in the
person of every other man capable of begin thought of for the office in
comparison with him? Could it with the like assurance be so much as affirmed of
him, that, absolutely considered, he is in any tolerable degree capable of
discharging the functions of the situation? No: that it could not. For, in a
situation such as that in question, besides the faculty of producing a literary
work, howsoever closely relevant, and transcendently excellent, many are the
other endowments requisite, in respect of any or all of which it might happen to
the author of such a work to be deficient: take for example probity, activity,
assiduity, dispatch, fortitude to resist sinister pressures, good temper,
steadiness, consistency, presence of mind, faculty of giving oral and extempore
expression to the contents of his mind.
Instead of the ordinary function of a Military Commander by land or sea or that
of Finance Minister take now the extraordinary function of legislative
Draughtsman in the first instance to be exercised by the penning of a suite of
Codes composing together a compleat body of law. By outlines already given of
the sort of work in question taken in all its parts or though it were in only
some of its parts or though it were be detached works applying to this or that
part of the whole field suppose a man to have made proof of a degree of
appropriate aptitude superior to any that had till then been manifested itself
in that field superior in the same degree as that manifest as above by Adam
Smith, or though it were but in an inferior degree. After the sort and degree of
appropriate aptitude thus manifested, what further evidence could be wanting to
prove on his part the degree of appropriate aptitude, absolute and comparative,
sufficient for the determination of the choice? Unless by any thing that had
transpired it has been proved that since the publication of the work or works in
question whatsoever appropriate aptitude was at that time possessed by him had
been made to cease, the proof already would remain conclusive. Look over all the
several endowments just stated as being in demand for the situation of Finance
Minister, they might all be wanting, unless it were in an extraordinary degree
activity and assiduity, and still with reference to the work in question his
aptitude might remain not only adequate but unrivalled. Lastly
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Title: [1821. May 12 /Nov. 27/ Codification Offer]Description: 1821. May 12 /Nov. 27/ Codification Offer Draughtsman gratuitous /Offer why? '.8. Foreigner/ Reward refused - why If any where, enter this under '. Offer As to terms of service, by the considerations above brought to view, and by those alone - all of them deduced from the observation of the influence of the reward in question, on the aptitude of the service for the extraction of which it is employed - by the above sober considerations, suggested as they have been by the principle of general utility alone, and not by any unreflecting or hypothetical sentimentalism, has the veto thus put upon factitious reward been produced. To the value of money the author, for his part, is no less sensible, than those are, who, for the procurement of it, are so ready to consign men by thousands to sudden death by fire and sword, and to lingering death by taxation and its offspring famine. With unfeigned gratitude he would accordingly, supposing the work compleated, accept, from willing donors, individually and separately, from each of them money to any amount, from the lowest denomination of coin to the greatest sum which without prejudice to the well-grounded expectations of others, the donor would take pleasure in their disposing of:- supposing it at the same time sufficiently ascertained that if not thus, it would be unemployed in some way or other in purely personal gratification and not in any other work of public or private beneficence. Not a ribbon, of the number of those which are worn about men's shoulders - not a ribbon of that sort, of any colour, from any hand, would he refuse bowing for, it being by those presents declared that, in his opinion, the greatest happiness of the greatest number would be much the more effectually promoted were all such instruments of and false testaments of meritorious service dragged through the kennel in the lump, in their way to the hangman's fire, than by being bestowed in requital of the most meritorious service for which reward in this shape was ever granted. Only in so far as those, at whose expence it would have been bestowed, would be averse to the seeing it thus bestowed, does aversion to reward in any shape maintain a place in his mind. In[?] this department the function in the particular case in question is confined to the production of a certain literary work. To constitute appropriate aptitude with reference to this function appropriate aptitude on the part of the workman in the highest possible degree no other endowments are necessary than what are sufficient for the giving the utmost possible degree of aptitude to the work. the work itself is the test of its own aptitude Remains the Executive department. Apply the enquiry to the several branches of it. In each branch whether for the perfect execution of the function belonging to it the composition of a literary work be or be not applicable as a test of aptitude on the part of the functionary[?], other endowments are necessary. Of the possession of Even in the legislative department, on the part of those to whom the function of final sanctionment belongs endowments are indeed necessary of the possession of which the composition of a literal work can not afford a test namely /in particular/ knowledge of the circumstances peculiar to the country and knowledge of the state of opinions and affections at the time in question, on the part of the people. But these are endowments which the possession of which is as above, not necessary on the part of the author of the original Draught. of which it is not in the nature of any literary work to afford any sort of test. In everyone of those cases other endowments are necessary other endowments, of the possession of which no test can be afforded approaching in probative force to that with which proof may be made in the case of legislation by the composition of a literary work.
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Title: [1821. Aug. 18. Codification Offer]Description: 1821. Aug. 18. Codification Offer '.10/11/. Rationale - test of Draughtsman's aptitude '.10./'.11./ On the part of any proposed Draughtsman, willingness or unwillingness to interweave, as above, a Rationale, is the most conclusive test, and that an indispensable one, of appropriate aptitude. Of appropriate aptitude, with reference to the sort of work in question, this sort of accompaniment (a rationale as above described) is not only a perfect test, but the only one which the nature of the case admitts of. Without this test, to frame and give force to a body of law to any extent - even to a body of law intended to be taken for all-comprehensive - requires not appropriate aptitude in any shape: it requires not appropriate intellectual aptitude, appropriate active talent, or appropriate moral aptitude. Form excepted, all that it requires, is - will, and the faculty of giving expression to that will, any how. When the nature of an accompaniment of this sort has once been brought to view, the usefulness and need of it demonstrated, and the nature, the practicability, and only proper situation, of it been shown by samples, - when all this has been done, the production of a proposed Code, come whence it will, if it be unprovided with this sole security for appropriate aptitude, will involve in it, on the part of the proposer and his Code, a confession of inaptitude. This inaptitude will, according to circumstances, be in that shape which is opposite to intellectual, or in that which is opposite to moral aptitude: in the former, if the omission being, as it can scarce fail to be, accompanied with the consciousness of the usefulness of such a security for good workmanship, has, for its cause, consciousness of inability to produce such an one as shall be capable of bearing the scrutiny of the public eye: it will be that inaptitude which is the opposite to moral aptitude, in so far as, instead of consciousness of such inability, self-persuasion of the possession of the correspondent ability has place in the defaulter's mind. "If, while there is any one who is willing, ready, and, for aught you can shew, able, to furnish this security, you shrink from furnishing it, it is either because you can not, or because you will not: if you will not, it is, according
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Title: [1819 May 18 Disfranchising]Description: 1819 May 18 Disfranchising Disfranchising §.5. Evil 4. Encrease Country Members 16 12 8 There stands the master as between the Country Gentleman on the one hand and a Candidate belong to any other class, and in particular to the commercial class on the other, there stands the matter the question of aptitude, on the ground of appropriate intellectual aptitude, on the ground of appropriate probity. Observe now how it stands on the ground of appropriate intellectual aptitude, and appropriate active talent. On the part of the Country Gentleman you can have no assurance /probable cause/ of either of these desirable qualities /endowments/ in any degree. Nothing but fear of exposure without profit could /need/ prevent a Lord who has a seat at his disposal from putting in a son of his though he were in a state of idiocy or next door to it. But never /at no time/ can the mind of the mercantile /commercial/ man have been /be/ in any such state. So long as he has been what by the supposition he is, his mind has been in a constant state of activity: of activity kept up by the spur of personal interest, much stronger than that of any public interest. It is therefore in the possession of a habit of activity, as well as of practical knowledge, obtained /acquired/ by experience and observation, in virtue of that habit. But, with more or less facility, according to circumstances, a fund composed of knowledge, judgment and activity stored up /once acquired/ by application to any one branch of business is a species of capital, transferable to any other branch of business.
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