1821. April 2

Codification Offer

'7 Foreigner why

3. A third circumstance which should never be let slip out of mind, is - in

regard to the circumstances by which a demand for legislation is created, or

liable to be created, the distinction which has been already brought to view,

between those which are common to all countries, and those which are peculiar to

this or that country in particular: and in regard to these last, the reasons

which have been given in support of the conclusions that in comparison of the

former they are in pint of extent and thence in point of importance plainly

inferior and subordinate.

If so, ir follows that by attention, rightly bestowed upon the circumstances of a

universal complexion, there is nothing to hinder a person born and bred in a

foreign country, and who has never set foot in the country for which the Code is

in contemplation, from being better qualified for the drawing up of a Code, even

for that country, than any person who, having been born and bred in that same

country, has never set foot out of it.

But if equally well qualified in respect of appropriate intellectual aptitude,

and appropriate active talent, in respect of appropriate moral aptitude or

appropriate probity, the appropriate aptitude possessed by a foreigner is beyond

comparison greater than any that can have place in the situation of a native.

The native, by whom the sort of Code in question is drawn up, will either be a

person possessing a share in the powers of Government under the form of

Government at that time existing in the country, or a person acting under the

command of those by whom those powers are shared: in either case, to the desire

he can scarce fail to add the hope, and thence the endeavour, to sacrifice to an

interest of his own, the interest and happiness of the greatest number in that

country.

A foreigner, howsoever in other circumstances, he might have had the desire, can

not, unless gained over by the rulers of that country to their interest as

above, entertain any such hope, nor consequently be occupied in any such

endeavour.