date

[113-079v] 1821 June 20 Codification
[113-079v]

1821 June 20

Codification Offer

'.9 Draughtsman gratuitous

'.9. The greatest happiness of the greatest number requires that the work in question be performed, if possible, gratuitously: in such sort that no factitious reward in any shape, at the hand of any person, shall be received or expected from it.

The subject being factitious reward, and question being between the absence and the presence of it, a few words may here be of use, to shew what it is that by the means of the preceding considerations, is looked upon as proved.

1. The Code, all-comprehensive: 2. with a rationale for its accompaniment: 3. shewn in the rationale the conduciveness of each distinguishable arrangement to the all comprehensive end so often mentioned: 4. the reasons or sets of reasons attached in the way of [...?] positions to the several arrangements which they are employed to explain and justify: 5. throughout the whole field of law the work thus described the work, if possible, of a single hand: to wit a hand not possessing any share in the supreme operative power of the state, nor yet dependent on it 6. that it be known to be so; and 7. that it is known universally known - whose that hand is: 8. that, as between two individuals a native and a foreigner equal in respect of all other points of appropriate aptitude, the grounds of preference as to such parts to which his aptitude extends - to wit every thing that does not depend on local circumstances, is on /belongs to/ the ground belonging to the foreigner: were it only that were the hand that of a native i.e. a member of the community in question he would either be himself a sharer in the supreme operative power of the state, or by means of eventual punishment or reward dependent on it: but that, /at the same time/ if by no foreigner /foreign hand/ any adequate promise of superior appropriate aptitude is afforded, that of a native is not to be - can not be - rejected: and that forasmuch as in every political community, there will be some subordinate part /and specific portions/ in the field of legislation which for want of local knowledge the hand of a foreigner will not be competent to cover, it would were it only on this account be necessary that the last hand should be set to the Code in every part by those in whom the supreme power of the political community resides.
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    1. In regard to appropriate judgment, on the occasion of the question as between

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    I. As to appropriate moral aptitude. In both situations, the obligation of

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  • Title: [[160-455v] 1821 Nov r 13 Codification]
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    '.8. Foreigners work a bond of sympathy

    To form a distinct conception of the advantage suppose a work of the sort in question drawn by the hand of a foreigner, and then another of the same sort as far as may be drawn by the hand of a native. Take first the work of the foreigner. In this unless forced into it by the native legislators after its coming into their hands, no particular and thence sinister national interest or affections no national prejudices to be truckled to: No homage from nation to nation to be paid: no national self-humiliation in any shape. In he instance of each ulterior nation, by the amount of the obstacles of this sort thus excluded, will the chance which the Code has of obtaining adoption be encrease.

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