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16 May 1807
Scotch Reform
Letter VI
Letter VI
V. Authoritative Plans
But my Lord, could but one of the learned Memorialists /majority/, to such a degree by the title of his first get the better of his second nature, as to consent to try causes in the new character of an honest Judge /man/ (your Lordship knows by this time what I mean by an honest Judge) - and to discover /is by this time more or less acquainted with my honest Judge having first discovered/ that (acting /judging/) honestly (in the character of a Judge and pursuing the ends of justice) is not contrary to the Act of Union or a violation of the [...?] of right - and moreover succeeded if possible, in persuading the Right Honourable President, and through him the 9 other learned Lords /his Co-Memorialists/, that the mode of judicature "most excellent" for ,5 would be good for ,5,1 s , could any such self-victories be obtained /atchieved[?]/, and discoveries made not all the extra salaries designed for both he extra Presidents with the addition of the revived extraordinary Lords could be too great /sufficient/ to reared the merit of the discovery.
But I am running wild again and coming back to my old vision as if it were possible that a mode of judicature which is " most excellent" for 59,540 causes should be good for the remaining 4,550 of which the remainder is comprized.
Lett. II.[?] p.52
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Title: [16 May 1807 Scotch Reform Letter]Description: 16 May 1807 Scotch Reform Letter VI Letter VI V. Authoritative Plans On this plan I see the advantage of comparative simplicity over factitious and useless complication. Two Presidents struck off, useless beings, good for nothing but to east extra Salaries, and elbow the Lord President who desires to see no such upstarts. Two extraordinary Lords also struck off, worse than useless beings Vampires raised from the grave, to suck the blood of the people, and to frighten learned Memorialists into fits. Here to [...?] good purpose would be a greater inovation - a greater violation of the Union - which the only persons who seem either interested /or to possess the interest or desperation[?] /propensity// to set up their cries, are estopped from setting up either of them /have put the gagg into their own mouths/. (An estopped, my Lord! ask my Lord Chief Justice, and my Lord, now alas! EX Chancellor, whether it be not a good one.) As to the extraordinary Lords, if the design be /was/ that one of them should be a foreigner (to a Scotch lawyer an Englishman is a foreigner) I can not help looking upon that part of the plan as beneficial, so far as it goes, and for exactly the same reasons that have always taught me to regard the admixture of /correspondent occasional/ foreigners (I mean men of Scottish birth and education) as beneficent in a high degree to English judicature. But in this advantage to make the most of it, I should never think of seeing any thing like an equivalent for the certain and palpable mischiefs attendant in the proposed Chamber of Review.
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Title: [16 May 1807 Scotch Reform Letter]Description: 16 May 1807 Scotch Reform Letter VI Letter VI V. Authoritative Plans As to the (remaining) Inner House, with the remaining 7 judges which the majority of the 15 propose to have in it, Your Lordship is already apprized of the considerations which represent it to my view as not better than a nuisance: one intermediate stage of judicature betwixt a lower judicature and the House of Lords, a Chamber of Review still, only comprized /though built out/ of the old materials without the addition of any new. your Lordship, as an Englishman can /could/ hardly regard it as a very serious deficiency. that between eight /8/ Chancellors all sitting upon a [...?] in so many different Courts there should be not intermediate Court of Appeal interposed between these Courts and the House of Lords. Between our Equity Courts and that highest seat of judicature, there is no such half-way house. In Chancery, in the Exchequer, does Equity make its progress /get forward/ at too quick a pace? But the [...?] lies not in England but in Scotland. And the majority of the learned Memorialists, with all their abhorrence for the proposed, new-fangled Court of review, insist on having one, so it be comprized of the old materials. Humour them, my Lord, if /that in/ your Lordship's judgement, the lieges join with them in their hearts /join with them/ in insisting upon it, and not otherwise.
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Title: [16 May 1807 Scotch Reform Letter]Description: 16 May 1807 Scotch Reform Letter VI Letter VI V. Authoritative Plans The Plan of the Memorialising Judges /memorialists/ at least with the help of the [...?] I have ventured to propose, clears the House of Lords of all the malä fide Appeals 3/7 /4/7/ of the whole number, and the proposition not to speak of the absolute quantity, more likely to encrease than to decrease. At least it takes the right course towards the production of that effect: and with the help of more extensions which I have ventured to propose, and which I should not despair of seeing adopted by the learned Memorialists themselves, bids fair in my view of the matter for obtaining compleat success. The plan of the 4 Non-Memorialists (for them I take the liberty of setting down as adherents to the plan of Your Lordships learned Adviser, requiring their silence as equivalent to consent). The plan of the Non-Memorialists contributes nothing whatever towards lessening the number: by encreasing the long delay obtainable, parallel to which runs the profit by delay, it is the contrary contributions indefinitely to the encrease of that branch of the grievance. In the part of the majority of the Judges there is it is true, nothing that is naturally incompatible with the plan of the minority. Constituting an advantage on the part of the plan, it therefore constitutes not therefore a radical objective against the other. Yet some how or other, so it happened, it was rejected one of the other. As to the cause of the rejection, my suspicions are already before Your Lordship. - what foundation if any there may be for them in fact, rests with /lies in/ Your Lordship's knowledge.
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