date

26 Dec r 1806 Scotch Reform To L d
26 Dec r 1806

Scotch Reform To L d Grenville 7

Resolut. 13

Interlocution Unapplicable

And do you then entertain Sir[?] /for[?], really see any reason for entertaining/, any such suspension[?] as that of a design /wish/ on the part of the framer of the claims[?] to enable the local judicature to work itself into an independency of /as against/ the authority of Parliament?

Not I indeed in good truth, my Lord, not the smallest: nothing could be more out of nature /nor any thing like/. Viewed in the [...?] appeals are subservient /conducive/ not adverse and in the [...?] of the fee gathering system to what, I know all [...?] found it impossible to avoid seeing[?] to be the ends of judicature.

It is only on this and that individual occasion, when particular partialities or other similar [...?] have claimed to come in and operate, it is only in this way that I see any danger of any purposed[?] framed upon the authority of Parliament.

But it is the effect only /alone/, and not the design that is worth thinking of: and whether under the clause in question the effect I mean that of a gradual subscription[?] of the practice of the local /subordinate/ Court from under the controul of the superordinate be not a probable result, is what I beg leave to submitt to your Lordships judgment as a question /point/ not unworthy of regard.
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    What is the jurisdiction if the House of Lords good for, what is any system of control in the judicial establishment in the upper regions good for, if it be not good against prohibitions in the lower? What are even Juries good for, on any other supposition than that of a perpetual probability of partialities among /on the part of/ Judges. Without any partiality, or at least without any partiality that can be traced, English Judges, the Judges of all the superior Courts have established themselves in the daily practice /habit/ of acting in point blank contradiction /[...?]/ to the plain and positive directions of Acts of Parliament /peculiarly declared and [...?] apprehendible will of the legislature/. the whole judicial process[?], acting under the same roof in strict and /as well as/ habitual opposition to the legislature. On the part of the Judges of the Court of Session, partialities have all along been not only in theory /+as I have already had occasion to observe/ probable, but in fact matters of notoriety and general complaint. Examples /Instances/ in which they have been in the habit of acting in contrariety to their own [...?] regulations, are abundant: examples /instances //cases/ of their acting in equal contrariety to Acts of Parliament are not without examples. /+/ Under the influence of those partialities is it natural that any difficulties should be found, of eluding /in the/ the controuling[?] power of the branch of the legislature when under favour of the distraction here proposed to be set up it will be in their power to do so upon such easy terms?
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    Will it be said, that exception, to some such effect as those which I have been taking the liberty of bringing to view, even, though not expressly spoken of in the contemplation of the framers of this resolve? The supposition is negatived so plainly as it is in the power of words to negative it. "resolved that no Appeal to the House be competant against Interlocutory Judgments."

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    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.

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