[114-022v]

1821. April 14

Codification Offer

'7 Foreigner why

Of the distinction between these universally-applying and these exclusively applying circumstances, the above examples will, it is hoped, be found to afford a conception sufficient for the purpose. The distinction is capable of being carried, and in the proposed case will be carried, all over the whole field of legislation. In this place, to pursue it further would be to force so much of the matter belonging to the proposed Code into a slight preliminary sketch extraneous to it.

With whatsoever country the draughtsman be a native, these circumstances of universal occurrence and applicability, may be equally and perfectly present to his notice. For those shades of difference which are peculiar to his own country, he will, as compared with a foreigner to that country, be - if not exclusively, at least preferable, qualified. But suppose two men, the one a foreigner the other a native, and the foreigner more fully conversant with the circumstances of universal occurrence than the native, and in all other particulars better qualified for making, all over the field of legislation, that provision which those same circumstances require,- this supposed, it follows that to the foreigner it may happen to be best qualified, though not for filling up the outline in every part with his own hand, by particular arrangements in terminis, yet for giving, in regard to the aptest mode of filling it up, such apt instructions and suggestions as, though the mind of the foreigner would not have presented them to him, may with advantage be employed by him for his guidance.