093-317.xml

Title: [29 April 1807 4 Lawyers judged]

Description: 29 April 1807

4

Lawyers judged

Letter 1[?]

A remarkable fact, the cause of which I have endeavoured to develop [...?] /already had free occasion to unfold to a considerable extent/, is - that to the opposition between of the interest of the lawyers and their own interest, the eyes of the people /public/ governing classes included seem in general to be but half open /open to no more than a part/. So far as concerns the professional class of lawyers, yes: so far as regards the official class and in particular the ruling /governing/ ranks, no though[?] the same persons who fill these official statiosn are the same who for a great part of their lives occupied the /the[?] of/ professional stations, no. The reason is that the sinister interest to the action of which the numbers of the official class stand constantly exposed, has never yet been sufficiently developed /placed in its [...?]/, and placed in that clear and strong light of which it is susceptible. Reference to J.B.'s letters to L d G.

Even in the case of the professional lawyers, in whose instance their[?] expresses to the action of the interest /a sinister interest as above/ opposite to that described of the people in ther character of suitors is too obvious to be overlooked, even in this case how clearly soever the speculative truth may be perceived, yet /+so far as concerns the state of the law, and the measures to be resorted to for the rendering it better or keeping it from growing worse, it seems in general to have had little or no influence on practice. So far as depends upon the state of the law /law/ it is their interests that the condition of the people shall be as miserable as possible: and yet it is to them that the public are in the habit of looking for measures having for their objects /object/ the improvement of it: it is their interest that the law should be as uncertain and unknowable as possible, and the administration of justice or of what is called justice, under it, as delatory, tedious and expensive as possible: and yet it is to them that the public look for measures having for their object, the rendering it certain and wellknown, and for taking away what is superfluous and unnecessary in the burthen of delay vexation and expence pressing /that presses/ upon the administration of justice.

093-336.xml

Title: [April 1807 Lawyers judged I]

Description: April 1807

Lawyers judged

I will now state to you, with that simplicity /openness/ which scorns all disguise, why it is that in my humble opinion the opinion of their learned Lordships has no claim to your regard.

Prefixed to the mention of my own opinion, the word humble is not an [...?] formulary /as at the close of a letter/. Less weight than I myself ascribe to it, it is not in your power to ascribe to it. I never do ascribe any weight to it at all.

On this as on every other occasion, my opinion here[?] I set down as equal to 0. My reasons are as follows. of the form of them you will judge.

1. Under the mode of remuneration pursued in Scotland as well as in England /- and about every where else/ the interest of all lawyers is in direct opposition to that of all suitors. The interest of their learned Lordships your Judge, in whose will in so large a measure every thing that belongs to you or is dear to you depends - are lawyers their interests are therefore opposite to yours.

2. Men's judgments are warped, their prejudices are begotten by their interests. The interests of their learned Lordships being adverse to your interest, their prejudices are so too. Be their judgments ever so sincere, they are not the less necessarily adverse to your interests.

It is the interest of you all in the character of suitors - that is of individuals exposed to the calamity of becoming suitors - such among you excepted as mean distinctly, and ni your transaction with /in/ Courts of law are conscious of being in the wrong, it is your interest that the ends of justice be in every /each/ individual instance pursued and fulfilled to the utmost possible extent. Far different is the interest of these Your Judges

 [...?] law[?]

093-315.xml

Title: [29 April 1807 2 Lawyers judged]

Description: 29 April 1807

2

Lawyers judged

Letter 1[?]

In Scotland, as elsewhere, lawyers are distinguishable into two classes: 1. the official including Judges, and the other ministers of justice /functionaries nominated in general by government/ their subordinates; and the professional Advocates, [...?] to the [...?], and so forth tending their assistance to the parties, remunerated of course as well as nominated by there respective clients.

To the interests of both those classes, the measures which I found myself under the necessity of insisting upon /advocating/ are decidedly adverse.

One goes to the taking away the uncertainty of the law: and it is in the interest of all lawyers - of the professional class in every posible state of thing - of the official class in the actual state of things, that the law shall be /continue/ and for ever remain in the state of the highest uncertainty possible.

The other goes to the reducing to its lowest limits the delay, vexation, and expence of litigation: those evils more or less distinct in idea, but in fact /practice/ inseparably connected, rising and falling together: and it is the interest of lawyers of all descriptions that these evils should all of them rise to and continue at the highest pitch possible, for the sake of the profit extracted or extractable out of the expence.

Upon the bare mention of it /statement of the case/, the existence of this sinister interest will surely appear probable enough: and in the course of this address, as well as in the papers /observations/ I have already made public, particulars tending to place it in a stronger and strongerb light, will present themselves in abundance.