date

1821 Nov. 28 Codification Offer '.8. Foreigner
1821 Nov. 28 Codification Offer '.8. Foreigner best Right and proper interest

a foreigner is susceptible of

By the supposition his aim is to produce such an original draught as whatever

may be the modifications applied to it - applied as they can not but be by the

constituted authorities shall remain the manifest basis and groundwork and

predominant matter of the all comprehensive Code. But for the accomplishment of

this object it is not possible that the should look for favour to any other

quarter than the good will /good opinion/ of the people. For as to the

constituted authorities between him and them there is not /can not be/ it has

been seen any community of interest: between him and them there can not fail to

be an opposition of interest can not fail to have place. It has already been

shewn, that between the rulers /constituted authorities in every situation/ even

in the situation of those who are what they are by means of the /that/

constitutive power which is in the hands of the people these representatives

/agents/ can not act but under the pressure of an interest opposite to that of

their principals. His situation is therefore that of an adversary to them on two

distinguishable accounts as being a rival and competitor seeking to apply a

bridle to their power; and in having one common interest with that body namely

the greatest number of the community whose interest they are by their own

sinister interest continually exposed to sacrifice, and who in proportion to the

[...?] of the resistance they make to that sacrifice, will be to them as

adversaries. He is on his own account their adversary: and he is so in virtue of

his connection with those whom they necessarily behold continual opponents and

as such adversaries.

Here if not long before, a question can not fail to have presented itself. Those

on who the giving acceptance to your proposal being thus decidedly /surely/ and

in their hearts unchangeably adverse to it, to what end do you make /proffer/

it? in what hope can you have thought of making it? To this question the answer

will be found in the concluding section.
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    Description: 1821. April 2

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    '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.
  • Title: [[036-169v] 1821 Nov r 26 /Dec r 23]
    Description: [036-169v]

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    First as to singleness in preference to multiplicity of hands.

    6. Objection 6. The open mode is ineffectual to its proposed purpose. Be the draughts ever so numerous, the constituted authorities will still do with them as they please. Of each draught, they will make more or less use, or no use at all, as best suits their views: by the supposition no more on this occasion than on any other are they subject to any legal controul.

    Answer. True: not to any controul other than that moral controul which is applied by the tribunal of public opinion. But this controul it is the design, and will be the effect of the proposed open mode to apply in the most efficient manner: and be it or be it not sufficient the situation of the authorities in question puts an exclusion upon every other. In what way, in the instance of every rationalized code, the rationale interwoven with it will operate in the character of a bridle has been shewn above: (See Sections 2 and 3:) as also upon whom it thus operates. In every aptly penned draught the constituted authorities whose decision it will call for will see and feel a bridle: a bridle which they will be restrained from treating it with neglect: a bridle the power of which will be in proportion to its aptitude. In the text itself, were that all, their power would feel a snaffle: and to this snaffle a curb is added by the rationale. Take the case of the Representatives of the people. By and by come the Elections: and then come questions upon questions to them. Here is this draught (naming it): in it were all these good things naming them). All neglected: and your will /you/ for the neglect, or you let it pass without voting against it. What have you to say for yourself?
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    Description: [lxxxiv. 18]

    1821 Decr 5

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    I. Monarchs interest

    Security bears reference to evil, and can no otherwise be understood than by reference to it: security is security against Evil. Evil may be considered in respect of its nature, or in respect of its source

    Sources of evil are the operations of nature: the operations of human beings considered in the several characters of internal adversaries: and external adversaries: internal adversaries are termed misdoers: their acts in so far as productive of evil misdeeds Misdoers are either non©possessors of political power or possessors

    It is the interest of every member of the community to possess in the compleatest degree security against evil from all these several sources against misdeeds by individuals at large and against misdeeds by /of/ functionaries

    exception excepted It is the particular interest of the Monarch that the maximum of security should be enjoyed by all the other members of the community in all these several branches with only one exception. But it is his interest that against his own power including that of all other functionaries in so far as the exercise of their respective powers is not unconformable to his will there should /shall/ be no security

    It is in a word his interest that in all things /points/ in which any contrariety has place between his particular interest and the universal interest the /a/ sacrifice of the universal interest to his particular interest shall take /have/ place. This sacrifice may be termed a sinister sacrifice © in the present case /instance/ the Monarchs sinister sacrifice.

    Whatsoever arrangement produces a net addition to the sum of his happiness it is his particular and sinister interest that it shall accordingly take place, whatsoever be the quantity of unhappiness and misery thereby produced /defalcation thereby made from the greatest happiness of the greatest number/