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1821. Nov. 26.
Codification Offer.
1.8 Foreigners Best
For example of the differences, look here likewise to the situation of Military Commander. On first point, suppose a certain degree of inaptitude — such as seems to have been not unfrequently manifested, every thing goes to ruin: ruin, which, in their case, is very apt to be beyond recovery.
Look to the situation of Finance Minister. Suppose here a correspondent degree of inaptitude, every thing though not absolutely in the gulph of ruin, may without difficulty be on the road to it. In this case, however, means for the stoppage of evil not being ever so compleatly wanting as they may often be in the case of the Military Commander, ruin not being so prompt, never can be so compleat as it sometimes is in that. Still, however, the case formed a contrast sufficiently manifest with that of the legislative draughtsman, and in particular when applying his faculties to the particular sort of work in question. This, it is true, supposed the absence of all such exclusive privileges as puts a negative upon the labours of other works in the same line. For in that case the mischief of an improper choice might be so great, and to be equal to the whole difference between the aptitude of the body of the law, taken in the state in which the function of drawing into a new and was committed to the foreigner's hand, and that of the most apt body of law which, supposing him out of the way, would have been drawn up by another hand. But in any such exclusive preference would be involved an absurdity, a further exposure of which may be seen in the next succeeding section.
One good effect for the production of which the choice of a foreigners in the case in question bids fairer than the choice of a motive, remains yet to be brought to view. This is the superior probability, with which, for a body of law framed in its original state by a hand thus circumstanced, a hope may be entertained of its receiving adoption at the hands of other nations. Supposing any such acceptance given, the consequence is, over and above whatever good may come to be produced by it in each nation taken singly, the benefit that can not but be produced by it in the character
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