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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    Description: 1821 Novr 28

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    '.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: [[160-247v] 1821 Dec r 24 Codification]
    Description: [160-247v]

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    '.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

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    2. For Draughtsmans service reward at the public expence none.

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    4. For each original draught workman one only: it being known that there is but one, and who he is

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    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.

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