1821 Novr 29

Codification Proposal

'.8. Foreigner best

'.8. Aptitude in other respects equal
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  • Title: [1821 Novr 29 Codification Proposal]
    Description: 1821 Novr 29

    Codification Proposal

    '.8. Foreigner best

    This being explained, the following /a/ position may in the character of a

    position to be proved be laid down without danger of being misconceived, and

    thereby without danger of appearing, as without such /this/ supposition it might

    have been apt to do pregnant with palpable absurdity

    The original draught in question being the subject matter reference to the

    exercise of the consummative function, what is admitted and maintained is - that

    natives as such, natives compared with foreigners are exclusively competent

    At the same time to the exercise of the initiative function, aptitude in other

    respects being supposed equal, foreigners as such - foreigners as compared with

    natives - are in a superior degree competent: possessing a superior chance or

    probability of being found possessed of a superior degree of appropriate

    aptitude with relation to it
  • Title: [1821 Novr 29 Codification Proposal]
    Description: 1821 Novr 29

    Codification Proposal

    '.8. Foreigner best

    If by the exercise of this initiative function power called the initiative power

    were exercised, and person exercising it were a foreigner, not only on this

    supposition would power be exercised by this /such/ foreigner, but a power

    greater than any which the supreme ruler or rulers of the state could exercise:

    the share thus exercised by him would be greater than the whole remainder left

    to them /respectively to him/: conceive any mass /body/ of discourse capable of

    being proposed in the character of a body of law: by the possessors of the

    consummative power it could not be prevented from becoming law till after

    discussion whereas by the possessor supposing here such possessor of this

    initiative power it could without any discussion be prevented from becoming law:

    it could be prevented from being discussed: by mere inaction, and without any

    exertion on his part he could prevent any thin that he pleased to prevent from

    becoming law.
  • 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.