date

1821 Novr 11 or 12 Codification Offer '8
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: [1821 Novr 11 or 12 Codification Offer '8]
    Description: 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

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  • Title: [1821 Novr 28 Codification Offer]
    Description: 1821 Novr 28

    Codification Offer

    '.8. Foreigner best

    This most closely appropriate test being out of the question remains as a

    succedaneum to it any work by which the two connected ideas - namely that of all

    comprehensiveness in the Code and that of the accompaniment in question - being

    brought to view, an outline of the field of law, in conjunction with that of a

    covering proposed for it an outline compleat or more or less approaching to

    compleatness has /may have/ been traced - say in one word a work exhibiting the

    idea of an all-comprehensive and all along rationalized Code Here then, apposite

    with reference to the work in question namely the original draught of such a

    Code, apposite in an inferior but in the next degree is a test of appropriate

    aptitude

    Suppose them by each of two men the one a native the other a foreigner the other

    a native a work of this description already composed and exhibited /brought to

    view/. /the idea of an apt Code of the sort of Code demanded. In so far as

    depends upon appropriate active talent suppose the two works as nearly equal

    /near to equality/ as may be/ Between the one and the other how stands the

    matter in regard to probability of the aggregate of appropriate aptitude? The

    answer is - in favour of the foreigner. As to the native his probative piece

    /work/ is before the public /in existence/. But it is but an outline. In the

    outline suppose no results or traces of sinister interest, sinister affection or

    sinister prejudice are perceptible But to become /be converted into/ the sort of

    work in question this outline requires to be made compleat and filled up: and in

    the course of /throughout the whole of/ this /so long as this/ operation the

    workman is exposed to the action of these sinister interests affections and

    prejudices so often mentioned. Turn /Look/ now to the foreigner. In what case in

    this respect is he? To his situation /case/ these causes of aberration from the

    line of aptitude have not any of them any application.
  • Title: [1821 Novr 28 '.8. Foreigner best]
    Description: 1821 Novr 28

    '.8. Foreigner best

    Another circumstance that pleads in favour of the foreigner, is - that which in

    respect /the article/ of moral aptitude in respect of sinister interests and

    affections, and in the article of intellectual aptitude in respect of prejudices

    the inaptitude of the native in comparison of the foreigner, with reference to

    the original draught stands demonstrated, such is the nature of the service,

    that when separated from that which consists in the revisal and confirmation of

    the original draught, it affords room for the application of such a test of

    appropriate aptitude as is in a rare and remarkable degree conclusive. On this

    occasion let it never be out of mind that when a circumstance is said to plead

    in favour of a foreigner it is only for shortness that this mode of speaking is

    employed: instead of saying that this is of the number of those circumstances

    which concurr in shewing for the service /a case/ in question it is in a higher

    degree contributory to the greatest happiness of the greatest number that it

    should be rendered by a foreigner than that it should be rendered by a native.

    It is not for the benefit of foreigners that he /his service/ is thus pointed

    out for acceptance, it is for that of the community in question and that

    alone