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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
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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.
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Title: [[160-247v] 1821 Dec r 24 Codification]Description: [160-247v] 1821 Dec r 24 Codification Proposal '.5. Draughtsman single /Admission Universal/ As to the choice of hands here follows expressed in the fewest words possible a general indication of the result of the present enquiry, expressed in the smallest possible number of words: an indication of the conclusions formed, together with a correspondently concise and compressed indication of the principal considerations by which these same opinions were suggested I. Conclusions 1. Original Draughts, the more the better: so as to proposed alterations. 2. For Draughtsmans service reward at the public expence none. 3. For the original Draught, a Foreigner as such is likely to be most apt. 4. For each original draught workman one only: it being known that there is but one, and who he is II Principal grounds and reasons of the above conclusions 1. For multiplicity of competitors. The more the draughts, the greater the chance of having the best possible: and the more compleatly powerless the draughtsman is, the less his chance of his flattering himself with the hope of being able by means of his draught to give effect to any sinister interest or prejudice. 2. For preferring a foreigner, exemption from native sinister interests and prejudices. 3. For gratuitousness of the service, avoidance of inaptitude through favoritism, and precipitation: and of delay and final non-performance. 4. For singleness. The more the hands, the less the responsibility: the less the force of the quondam power of public opinion upon each. the above are but faint anticipations. For placing all these several points in full light, considerable explanations will be unavoidable To commence with the article of singleness. Hands concerned in each draught, no more than one
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Title: [1821. Novr. 28. Codification Offer. '.8 Foreigner]Description: 1821. Novr. 28. Codification Offer. '.8 Foreigner best. The most corrupt men on earth are the [...?] [...?] English Judges: if not corrupt to those who by corruption /[...?]/ are[?] what[?] [...?] the [...?] [...?] been in the habit of seeing themselves made: here then came in that work not of choice but of necessity - real or supposed. Under this necessity, to save men as far as may be from being put to that use, cords are provided for his hands. But the man thus made is a Sampson: and the cords provided are those by which, for a time, Sampson was incommoded. From all this, it seems sufficiently evident, that, from any adoption, however extensive, given in the instance of that particular Constitutional Code, to a Code, the original draught of which was composed by the hands of natives, it follows not that, in the case of a suite of Codes, Penal, Civil, and Constitutional, furnished each of them with an interwoven rationale, the circumstance of the original draught's having had a foreigner for its author would be the less likely, to give, to the acceptance of it on the part of other nations, the superior facility above supposed.
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