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3 Oct 1803
Evidence
Judicature
Anonymous
The official man /placeman/ in the financial or any other official line, better considered /informed/ of the extreme weakness and rarity of it by prejudice fortified by experience than the Judge is by such reflection as he is at once able and willing to bestow, is sure that [...?] [...?] this at any rate is not so much as of the number of the motives by which your application to him has been produced: nor were he sure it were the only one would he be the more civil to you. What he is sure of is that you are a troublesome fellow: what he is almost /next/ to sure of is that you are villain knave or fool - what he cares not about is - which it be: what would render you but the more troublesome to him if it were possible you should be such, is your being a man of the most active and /as well as/ purest public spirit: because then /in that case/ the same motive which exposes him to be plagued by being the receiver of your demonstrations[?], would upon occasion expose him to be plagued by you still more by being the object of them.
Go to him unknown and without introduction, these /such/ affections and sentiments will be expressed to you without disguise. Go to him with an introduction, the outward civility will be proportioned to the need /demand/ he appears to himself to stand in of the good graces /good will/ of your introductor: his real sentiments and affections, and the regard he is disposed to pay to the information will be little varied by it. Be this as it may, the expedient of seeking out and employing the intervention of an introductor is so much added to the trouble and loss /consumption/ of time.
To give this as the constant or any thing like the constant result of an application of the sort in question, would be to make no allowance for the infinitely diversified modifications of idiosyncratic temperament: but though the supposition of this sort of reception will not be uniformly verified in every instance, nor perhaps in a majority of instances, yet in every instance, antecedently /previously/ to experience /trial/, the probability in favour of its taking place, /being verified and/ that to a degree productive of sensible mortification and inconvenience, will every where be very considerable.
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Title: [24 Dec r 1807 Scotch Reform]Description: 24 Dec r 1807 Scotch Reform (B) 1. Jury Trial. 2. [...?] Letter V Ch. Omission cause Reformer to Lordhp[?] Introducing Jury Trial for encrease of business Another thing. A subordinate object is the introduction of Jury trial in civil causes into Scottish Judicature. By this these desirable purposes will be promoted. The good opinion entertained of Your Lordship's Administration by the body of the people delighted to see this fresh increase[?] offered to their idol: conciliating[?] the affections and support of the highest Lawyers to whose advantage that species of Judicature as hitherto applied has been adopted: and the encrease of business and opening new paths to profit and distinction for the benefit of us Scottish lawyers. While the law of procedure and the main body of the law continue in their present state, the introduction of this species of judicatory to the civil department of Judicature to any advantage either in respect of rectitude of decision, or in respect of avoidance of delay, vexation and expence, is plainly impossible. The use made of the species of Judicatory is inseparably connected with the forms of pleading: and these forms are absolutely incapable of being transplanted from English ground into Scottish. In France the experiment was made: and how wretchedly unsuccessful the result was - is, but too notorious.
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Title: [[clxiv. 153] 1820 June 2 Emancipation]Description: [clxiv. 153] 1820 June 2 Emancipation Spanish? Contributive to Corruption King hostile to justice It is to the heart of a King of England that you must look and to those of the advisers by whom he is surrounded, and all his vices cherished /encouraged/ and excited, it is to such hearts that you must look if your wish is to see examples [...? ...?] of a hatred /an hatred/ an abhorrence a rooted and irremovable abhorrence for /of/ the idea and the very name of justice How should it be otherwise? It is in this word that his will finds the only obstacle that it ever has to encounter. To him it is a perfect bugbear, by which he is haunted and plagued /which haunts him/ at every step: to the Emperor it is a mere shadow: a harmless an unoffending shadow. In the heart of no Monarch who has the impudence to grant what he calls a Charter can there be any place for any regard for justice The King the fountain of justice? is he so indeed? Why then, justice depends upon his will for its very existence. That is conformable to justice that is unconformable which he at any time is pleased to call so. The very signature of such an instrument the very act of conferring such a favour is an insult - a disavowal of all real regard for justice. But if such be the very grant of a Charter, what shall we say of /is/ the violation of it? Yet where was ever the /that/ Charter /granted/ that was not violated repeatedly and continually violated? Where was ever that Charter granted, the intention the first determination of the violation of which was not entertained - entertained at the time of granting it?
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Title: [27 May 1808 18 35 Jury 184]Description: 27 May 1808 18 35 Jury 184 Is this connotation procured - then where is the Spring of religion how small the cushion of religion in the number of men - why Is it unobserved - then where is its utility? In This institution may be seen, by all eyes that are not determinately shut against instruction and truth as sure a curious one a to a reflecting mind are assisting exemplification of the degree of debasement and thraldom and into which [the] mind of the bully] of the community has been plunged reduced by the interested artifice of a small part of it: In this example it may at the same time be seen to how great a degree many notions of are determined by blind prejudice, and in no small a degree by reason and regard to public welfare general ability. Take Address yourself to any man, and without appreciation of the application you mean to make, ask him whether in his lying is a beneficial and laudable, or even an innocent practice, he will look you in the face, and ask you about you take him for. Ask him whether lying then being it seems as being a practice not to be approved of, its title to approbation becomes in every degree unproved by the circumstance by which from simple lying converts it is converted it into perjury - he will beseech you to inform him at once where a series of questions begin as designed , and to think better of him than to suppose any direct affection in him first necessary to the making known to you those Sentiments. Ask him whether no his corruption of the weakest be conducive to the ends of justice that a person in the status of a Judge should be trussed up in the basket of as and for his opinion - an opinion contrary to literary arts - with a smile or a frown, according to the general tenor of his mind, or the transfer in which your question finds him, he will find means to let you know ... nor you to find instead that to a question of such a complication an express answer is not to be insisted upon or expected.
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