date

July 1806 Scotch Reform Let
July 1806

Scotch Reform

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.
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  • Title: [27 July 1806 Scotch Reform /Evidence]
    Description: 27 July 1806

    Scotch Reform /Evidence/

    Lett Lawyers adverse

    Such being the opposition of interests, and such the cause of it, now as to the means of conciliation.

    I have hitherto considered the man of law in a state of unity. On a closer inspection we may distinguish in him two interests; the official and the professional. At present they may say in the [...?] stile[?] of complimentary [...?], and with a sincerity not altogether so liable to reception[?], there is a [...?] between us. Official lawyer and professional lawyer, partners and friends to each other, are both [...?] to the suitor. Looking a little further on we may [...?] a latent difference. The difference is the /the merely/ official lawyer though[?] a present wrong[?] is not incurable and is not the /one[?]/ irreconcilable wrong[?]: that of the professional lawyer is.

    The official lawyer, whatever he receives now in a composed[?] shape, part salary and part fees, he may receive /be made/ wholly in the shape of salary without fees: the professional lawyer whatever he receives he can never receive in any other shape than that of fees. Compensation, the sum that /[...?...?]/ [...?] which the humanity of our own age and nation never fails to [...?] into the wounds[?] which can never fail to be made by the land[?] Reform compensation, finds the hand of the official lawyer compleatly susceptible /open to it/, that of the professional lawyer as compleatly unsusceptible /stand against it/.
  • Title: [8 July 1806 Scotch Reform /Evidence]
    Description: 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?
  • Title: [26 Dec r 1806 Scotch Reform To L d]
    Description: 26 Dec r 1806

    Scotch Reform To L d Grenville

    5 (8

    Resolut. 13

    Interlocution Unapplicable

    In truth, so far as abundant[?] design is concerned, if it were worth thinking of /about/, the case that I should expect to find verified, as far as designs can be verified it is that upon this part of the plan very little reflection was /had been/ expanded. There was a source of appeals frequently and notoriously vexatious: here was a grievance: here had been a habit of complaint: let us put an end to it at once: appeals against Interlocutory judgments have been a notorious engine of chicanery[?]: let us hear no more of them. No professional interest directing /proceeding/ here: but under the spear of necessity, a sudden sacrifice made of professional interest to the public voice.

    At the same time should a distant glance /prospect/ of confusion rising in the back ground have accompanied the sacrifice, the wonder would not be great: Among /So/ then where position gauves them an interest in abuse, when the clamour fr reform becomes too hard /at length for resistance/ to endure /admitt of/ resistance any longer, the prospect of seeing it /+rendered abortive by want of skill and appropriate experience/ miscarry remains /affords/ the natural comfort and the only hope:- then, have it your own way, and take the consequence.

    Thus when the indignation of the people had rendered it no longer practicable to dispose of their fate in a jargon that did not contain a single word in it which they could so much as fancy themselves to understand, the lawyers set about translating it, word for word without choice or exception, [...?] indulging themselves in those expectation the open manifestation of which the simplicity of Blackstone in his simplicity, was not able to [...?]. You could have it in English - now what are you the better for it? What you expected /looked for/ was information: what you have got is nonsense.