date

31 Jan y 1808 On L d Eldon's Bill
31 Jan y 1808

On L d Eldon's Bill

[...?...?] of competition in legislation

A word or two more, will your Lordship have, on the subject of competition. Applied to judicature, at least under /under the influence of/ the fee-gathering system, my conceptions of its efficiency /the efficiency of this principle/ were as already intimated, not quite so sanguine as Your Lordship /those of your Lordship seemed to be/.

Applied /Apply it/ to legislation, under a under a constitution such as our own I could with much less reserve have subscribed to the commendations that have been bestowed upon it.

Your Lordship [...?] will not, I believe, have observed /discovered/ any considerable symptoms of partiality on favour of the plea brought forward on the other side of the House. The impossibility /That it is/ of its removing altogether the imperfections /abuse of [...?]/ which it undertakes to remove is in my view as already observed, matter of demonstration. But that the effect of it must /will/ be to effect a /produce a partial/ removal of them in part seems equally undeniable: and that part is jut so much more [...?] that part of Your Lordship's learned Reformers pan which prevails over the same ground had any tendency to remove.

Be it more or less, the benefit derivable from the plan it is to Your Lordship's account that I set it down / down the whole of it. But for Your Lordship, that repose the regard for which is /has/ in the estimate /[...?]/ of the Right Honourable and learned author of the improvement been confessed to be or rather declared to be so much superior to all other considerations, would never have experienced any such disturbance.
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  • Title: [19 Apr 1808 Ch. Competition]
    Description: 19 Apr 1808

    Ch. Competition

    2. [...?] volunteers[?]

    Now[?], my lord, so it happens, that according to such observation as I have been able to make of the signs of the times, there is something /something there is/ in the present state of the [...?] more than usually favourable to the operation of the principle. As to Lord Eldon in particular, speaking in plain languages and without any apprehension of /I hope without any danger from the [...?] of Sir Vickery[?] before my eyes/ Sir[?] Vickery[?], I never[?] remember that Chancellor, from /under/ whom in the laws[?] of legislation, inclination and ability taken together, the probability /chance/ of improvement has been so great /favourable/: and this notion[?] of the matter has received confirmation from persons possessing much better opportunities than any that in my humble [...?] have fallen to my shore. /and without offence to Lord Erskine, who had not time to shew us what for might I know he intended to have done/

    But by this favourable [...?], my desire /anxiety/ to see on this occasion in particular, the application of the principle of competition as above explained, carried to the utmost extent that can be given to it, is not in any degree /matter/ lessened: and thus were it for an other reason, than that on the present occasion, it seems to be by the force of this principle more than perhaps any other that the map of virtue [...?] manifested by his Lordship in the present occasion has been made /[...?]/ to display itself: witness the [...?] undergone already by this his Lordship's Bill: and moreover Your Lordship has seen /may have observed/ already by what doubts and misgivings such as are so[?] all to find their way [...?] aged bosoms, my confidence in his Lordship's /in this particular occasion/ virtues is tempered[?] and perplexed /restrained/.
  • Title: [31 Jan y 1808 on L d Eldons Bill]
    Description: 31 Jan y 1808

    on L d Eldons Bill

    Conclusion

    The object of the competition was a pretious lot of public esteem, the esteem to be carried by /that would attach //attend// upon/ the reputation of removing lessening the load of abuse by /under/ which the administration of justice in Scotland has oppressed.

    It was by Your Lordship that the Auction room was opened, and the lot put up. In Your Lordship I behold /view the first bidder. Unfortunately being by other business of still superior importance and more pressing necessity, prevented from attending in person, Your Lordship finds Yourself under the necessity of giving the commission to an agent whose experience in this has been of business presented a prospect /afforded a promise/ of skilful as will as faithful service. A[?] superior having service upon examination it was found /appeared/ that the coin in which he was to have under his payment was base and counterfeit. Law as it is, the price offered on the other side of the Table, is hallmark the best price. But my Lord, notwithstanding what I have I humbly hope your Lordship will not suffer the lot to be knocked down at a low a price. To my humble conception Your Lordship has no inconsiderable share of reputation at stake upon the issue. At the first opening, want of the necessary time, as it was the real cause /reason/ so it formed a legitimate exercise for imposing /giving/ the commission to inferior and as the result has proved /seems to have found, unfaithful hands. The cause being given /done away //removed// //having [...?] to [...?]/ so has the excuse.
  • Title: [[...?] Jan y 1808 L d Eldons Bill]
    Description: [...?] Jan y 1808

    L d Eldons Bill

    Omitt or Postpone Following Pages

    In speaking of Your Lordship's learned Advisory I ventured to express my suspicion that the interest of his Majesty's subjects in the character of suitors, or in other words /which is as much as to say/ the ends of justice were in the lowest degree if in any degree the objects of his care. The /Like/ power[?] causes [...?] the /like/ same effects. What I ventured to say of Your Lordship's learned Adviser may be repeated of Lord Eldon's with little, if any difference.

    Of this opinion I need scarce say how glad I should be /would be at/ to find it prove erroneous: and it is if not in the hope, in the wish at least, of its proving so, that I declare it.

    Your lordship will search (others will stand aghast), not seeing a [...?] deeded[?] not chapters, and then chapters perhaps into[?] such[?] are but having no place in that profit of which [...?...?] is the source [...?] interest consequently the manufacturing chaos"[...?...?] which feature[?] shape or [...?], the law of custom [...?] I can not present upon myself to forge those opportunities /the use of those measures/ of tough[?] communicative[?] and reform[?] of which division /destruction and remonstration[?]/ is the source.