date

1821 Novr 11 or 12 Codification Offer '8
1821 Novr 11 or 12 Codification Offer '8. Foreigner best '.4.II. Intellectual

aptitude 3. Remedies applicable to Foreigners inaptitude '5. Effects of

Foreigners aptitude will not be destroyed by Legislation Committee

For, though by the supposition, by particular arrangements conceived in terminis

he is not competent to the filling up of the outline, yet by virtue of his

comparatively greater command over the whole field,- it might be in his power by

means of instructions furnished by him in general terms, to afford to any

native, on whom the task devolved, instructions of such sort as should enable

them to give a more apt execution to it than without him it would have been in

their power to give to it. In their power, not to speak of their inclination:

for considering the atmosphere of sinister interest and prejudice which all

native functionaries as such have to live and move in considering the effect of

the rationale in the character of a guide its effect in the character of a

bridle, should never be out of mind.

2. To the deficiency, be it what it may, a compleat supply stands assured.

The hands from which, of course, it will be received are those of the

Legislation Committee.
Similar Items
  • 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.
  • Title: [[114-022v] 1821. April 14 Codification]
    Description: [114-022v]

    1821. April 14

    Codification Offer

    '7 Foreigner why

    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.
  • Title: [[036-200v] 1821 July 5 Codification]
    Description: [036-200v]

    1821 July 5

    Codification Offer

    '.9. Draughtsman gratuitous

    Under such a government therefore, from a stipendiary as well as from a gratuitous draughtsman, might not universally be expected, a work exempt from all deterioration, in so far as sinister interest generated by corruptive influence is the only source from which it can flow: and the hands of a Draughtsman appointed by a Committee of the legislative body being in this case the hands of a single individual, would for the reason above maintained /given/ even though he were a native be more competent /apt/ than the hands of the Committee itself.

    Still however this Draughtsman, if a native would /still this native draughtsman single as he is will/ not in respect of aptitude in one shape aptitude in other shapes equal be upon a level with a foreigner. For though in this case error having sinister interest for its cause is not to be apprehended: their remain those errors which have prejudice - local prejudice - for their cause. To the /any/ prejudices of the natives draughtsman or no draughtsman there would be no check: to the /any/ prejudices of the foreigner there would be an assured check: a check composed of such native prejudices as well as of such native reason as have place in the breasts of the natives.