date

8 July 1806 Scotch Reform /Evidence
8 July 1806

Scotch Reform /Evidence/

If on such an occasion title[?] to confidence were worth looking to, (and it will be worth the loss in every man's eyes, the more correct his comprehension is of the ends of justice) the opinion of the English lawyer would be worth most to the body of Scottish suitors, and for the same reason as that of a Scotch lawyer would be to that of English ones. Why? - because though the /a [...?]/ lawyer of any /[...?]/ is a [...?] neighbour to a Scotch or English one, than a Scotch or English suitor or [...?] is to either, yet in the case of this crass interchange of advice neither the sinister interest nor the prejudice which like a weed grows out of interest being quite so strong, the opinion is not likely to be so /quite/ perversely [...?] by it.

Nor, never have been individuals I mean, nor I hope and trust ever will be in either part of the country altogether wanting, in whose bosom the generous love of praise, or the still more generous affection of philanthropy has obtained /are capable of obtaining //gaining/ occasional triumphs /an occasional ascendant/ over those grosser affections which are apt to be presented and to the exclusion [...?], by the word interest. At this moment my bosom swells with a mixture of pride and affection at the thoughts /recollection/ of some illustrious examples /examples (alas - that [...?] are not common[?] nuisances/ of the /whose/ assistance of which may Your Lordship never be deprived. But when classes and bodies /orders/ of men are considered, and they, continuing their existence, their views, their opinions, through a succession of ages, to expect[?] that their conduct or in consequence their language should ever receive its determination from any other [...?] than that of interest in its narrowest sense, would be to expect that water should move /fly/ upwards, or [...?] downwards.

A corporation is a sort of a thing which has no conscience. It is among the articles of the English lawyer's creed: he has it from his Lordship[?]. It is one of the few, if there be any other /and conscious of the wisdom //source// of English lawyers is composed/, rules of English law, that has no unannounced exception to make it false: and if lucky[?] an exception to it, were to be found shall it be looked for in the instance of that great though unchartered corporation with which his Lordship was but acquainted, that great though [...?] corporation of which he had been at the head, and which sees all others at its feet?
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  • Title: [July 1806 Scotch Reform Let]
    Description: July 1806

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    Let. Lawyers adverse

    From the effect with which the proposed /[...?]/ and any /every/ other plan of reform will leave /would operate/ upon the passive faculties of the man of law /upon those faculties //parts of his// [...?] by which he enjoys or suffers/, follows the effect it will but produce upon his active /intellectual/ faculties - upon those faculties from /by/ which /in which any useful/ advice and assistance that could be looked to from that quarter would find their source.

    No my Lord - of all the learned persons to whom on this occasion /a subject on which no superiority of talent can place a man above the need the continual need of advice/ Your Lordship has looked to there is not one above interest, prejudice and habits of his whole professional life [...?] not urge /engage/ him to deceive you do not impose on him the necessity of doing what depends on him by /in the way of/ advice by /in the way of/ information towards [...?] the plan abortive.

    Between the official lawyer and the professional lawyer though in this respect there is certainly some difference, yet there is not difference enough to prevent them from acting on the same side.

    I suppose indemnification: indemnification carried as far as the nature of the use[?] will suffer it to go. Observe then the situation of the official lawyer. The man that may be indemnified - compleatly indemnified - (may and will not [...?] will never be [...?] to be quite synonymous[?]) are himself and his colleagues: the men that can not be indemnified are /among his most //[...?]// intimate/ his familiar friends: friends in all the shades and varieties /degrees/ of friendship companions from youth upwards - dependants relations looking up to him for countenance and patronage.
  • Title: [25 May 1807 Scotch Reform Letter]
    Description: 25 May 1807

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    Letter VI

    Letter VI

    7. But ideas suggested

    IV │ │ Conclusion

    Memorialists plan best

    Here are two plans - one of them making the state of things a great deal better than at present, the other a great deal worse: the better plan making the least change, and having the whole weight of authority on its side │ │ agreeing with the other in nothing but that in which all plans and all voices agree, as a benefit unspeakable - the division /breaking down/ of the Court into sections.

    Both /Each/ of them are alike indebted for their appearance /coming forward/ to Your Lordships generous existence: but so it happened, the bad /baseness-making/, the uselessly innovating, the comparatively unauthoritative plan came first. What ground does it present for preference? /Can Your Lordship hesitate?/

    As a motive intentions dispositions, and all such personalities, to the present purpose the inquiry is not worth a straw. Which would be better to take? /presents the better [...?] to acceptance/ a bad plan presented with purest intention, or a good plan presented with the worst imaginable?

    As to motives, it was in this case as in most others among individuals, and in all others among public bodies. motives, intentions declared opinions, arguments were determined altogether by the particular interest Corporation, or that of the /a/ few leading members. In the instance of the judicial class, so it happened, the particular interest was more friendly, or if that be too much to say, less friendly, or at any rate least hostile, to the general interest of the friendly community than in the instance of the professional class. And so /thus/ it happened, that from the Judges the plan you had /the Judges plan/ was so much better than that you had from /of/ the Advocates. Had the state of the interests been reversed the character of the plans would have been reversed /so would/ /Had the interests been reversed, so would the plans/. Reverse causes you reverse effects.
  • Title: [31 July 1806 Scotch Reform]
    Description: 31 July 1806

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    Who is ny neighbour[?]? The word it[?] is their part[?] for ought to be. Had it been meant[?] and the man of law the interrogator, in duty no divinity[?], no imperative[?] would have been necessary /required to answer[?] it.

    Perhaps so: but the plan being for Scotland, may not learned advice be listened to from English Committee[?] -

    My Lord - who is the /[...?]/ lawyers neighbour? Is it the suitor any where? No, my Lord: it is the lawyer every where. Every where the same interests beget the same prejudice the same passions and the same art. Their reason is [...?]: they form a [...?] convoy and oppressing the whole of the civilized part of the world /human kind/.

    I speak in the dark: and though my conjecture being but a random conjecture should be ill founded /my conjecture in regard to the cause of a particular incident,/ it will be no prejudice to the principle. I speak in the dark: but if an incident I have observed in a speech of Your Lordships on this very occasion should be found to afford an experimental proof of a proposition so plain in principle, it will be altogether in the natural order of things.

    In that speech I observe /the Report I have seen/ a limit of arrangement so special that in comparison of it /without it/ the root of the plan will give the lawyer /professional man/ little to fear. Turning to the Resolutions, I perceive that arrangement draft[?]. When proposed by Your Lordship, being considered as a novelty /a sort of invention/, it was proposed with diffidence.

    To what are we ascribe an [...?] so [...?]? Being so [...?] - originating perhaps in some unlearned head - in some such unlearned head as planned /framed/ the Grenville Act - was it not submitted to the appropriate judgment of some especially and extremely learned person, and was not his learned adverse to it?

    The question is one of those presumptuous ones which presumptuous as they are do not so much as expect an answer. I presume not to force the penetration of the cabinet. Your Lordship's duty is to maintain silence: but say ought[?] is to impress[?] duties. I say nothing as to the arrangement here: the occasion for speaking of it fully will come presently.