date

1821 Nov. 11 Codification Offer '.8. Foreigner
1821 Nov. 11 Codification Offer '.8. Foreigner best '.2. II. Intellectual

aptitude I. Judgment

II. Next as to appropriate intellectual aptitude. On the present occasion this

element of appropriate aptitude will require to be further decomposed:

decomposed into appropriate judgment and appropriate knowledge.

1. In regard to appropriate judgment, on the occasion of the question as between

a single hand and divers hands, mention came to be made of the erroneous tracks

into which the pen of every such Draughtsman stands exposed to be led by

prejudice in different shapes: thence probability of correspondent aberration on

the part of the work from the all-comprehensive end so often mentioned. These

prejudices will to a large extent be of a local nature: peculiar in degree of

strength at least if not in kind to the country in question. From the influence

of these causes of error, while the native labours under it, the foreigner

stands free.

The foreigner will have his prejudices to contend against, and in particular his

local prejudices. But here, as in the case of interests and affections, while

those of the natives will find support in the prejudices of all around him, for

those of the foreigner not only will there be no such support but there will be

opposition, by the supposition from reasons, and moreover from counter

prejudices.
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    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.
  • Title: [1821 Novr 11 or 12 Codification Offer '8]
    Description: 1821 Novr 11 or 12 Codification Offer '8. Foreigner best '.5.II. Intellectual

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    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

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    outline of his drawing, with the bridle which it affords as well as the guide,

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  • Title: [1821 June 11 Codification Offer]
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    '.7. Foreigner why

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

    occasion, in preference to a native, may be thus summed up -

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

    particular and thence sinister interests.

    2 It will be less exposed to be vitiated, by prejudices, appertaining to the

    country in relation to which it obtained the force of law: he being, by the

    supposition no partaker in them.

    3. The Draughtsman being with reference to that same country a foreigner,

    whatsoever prejudices imbibed by him in his own country it may happen to him to

    be a partaker in, will not be likely to be adopted and thus made to vitiate the

    Code: and thus it is that it will have the fairest chance possible of remaining

    as clear as possible of all pernicious prejudices.

    4. So far as regards positive intellectual aptitude and active talent, a

    comparatively unapt hand will be less likely to have been employed that if it

    had been the hand a native: the foreigner having neither recommendation nor

    support other than the reputation of preeminent appropriate aptitude.

    5. After its supposed completion as far as capable of being completed by the

    foreign hand, it will be most jealously watched and searchingly scrutinized into

    than it would have been had it been the work of a native hand: and thus

    whatsoever imperfections may have place in it will be more likely to receive

    correction in such other hands as it will have to pass through.