date

29 April 1807 Lawyers judged
29 April 1807

Lawyers judged

Letter I

In the course of the ensuing discussion of the ensuing warfare for such it is impossible that it should not be, two results /tendencies/ will [...?] to inflict /produce/ pain, and to excite hostility: the adverse effect the ultimate prejudice to the official and professional /corporate and confederated/ interest/, being the effect which it is the direct object of these pages to produce /accomplish/: and the wounds that in the course of the struggle /contention/ may come to be given to /inflicted on/ the personal feelings /reputation/consideration and thence/ of the individuals more particularly concerned.

As to the authors of the several papers, whosoever they may be, for I have succeeded compleatly in any endeavours to avoid knowing whatsoever blame if any may fall upon them is inevitable and remediless. One comfort at any rate, if not to them, /at any rate/ to me their adversary is - that their names not being public, whatsoever obloquy if any, may happen to fall on them, will fall proportionably light: and if obloquy /like any other burthen /other burthen's obloquy/ by being shared is lessened they will each of them behold in their colleagues and other relatives so many sharers, that to the most acutely sensible of all, it will I hope, and trust if at all be scarcely felt but as a flea-bite.

As to the reproach of being an enemy to the people /increases[?] to the public good/, besides that it will not be shared by so many, of themselves so numerous and respected a society it will rest with each of them, individually taken, to take up as much or as little of it as he pleases /sees convenient/: if he takes /taking/ it up he has a host to share it with him and keep him in countenance if his desire[?] be not to merit it, and then not to bear it, /to avoid bearing being subjected to it/ that, too awaits his pleasure if it be his pleasure to be a friend to the people /public interest/, and to go over to that side, nothing can be plainer or more open than the road.
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    What are the predominant - the professedly predominant considerations? the considerations that stand /put[?]/ foremost not in the learned hearts only but in the paper in which they are portrayed?

    1. The personal interests of the author of the address - the Judges the personal interests of the whole body or of the leading Member or Members: the personal interests in respect of power, consideration, and above all in respect of ease.

    2. The Union - the perverted letter of the Union - with its precursor /the other dead letter/ the claim of right.

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    1. Art. 7. Parcelling out the jurisdiction of the President, as proposed by the proposed division into 2 or 3 Chambers is pronounced subversive of the President's right. How of his right? and wherein consists the mischief and the injury to which the Right Honourable is so acutely sensible? Chambers 2 or 3, with Judges in them all together 15 in number as at present, or some lesser number, will he not still rank above all of them? Yes: but when he is no more, his successor in the 1 st Chamber will not rank it is apprehended so high as the learned persons whosoever they may be, to whom it may happen to find themselves in the situation of Presidents of the 2 d and 3 d Chambers. Tremendous /Momentous/ objection! but is it not in the power of Parliament to remove it. Why vamp up /put forward into/ this character of an objection, a consideration which whatever were the importance of it could have no claim to attention in any other character than that of an amendment?

    Art. 8. Thereupon it is, that in the next ensuing article the office the office of President as it now stands is flatly pronounced "unabolishable and indivisible: like the great Commonwealth that so lately we saw crushed to atoms, one and indivisible. "Indivisible?" what by his Majesty in Parliament? The negative, the very idea of which though not to be exercised but with the advise of a set of responsible and cross-examination ministers, can not enter the royal mind without pain, has it been made over to the presiding member, or to all the members put together of a Bench of Judges?

    For the imaginary rights and unconjecturable feelings of his unknown successor, how tender /acute/ and tender the sympathy of the Right Honourable Judge! how trifling /light/, when weighed against it in the ballance are all public considerations /the ends of justice/!
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    Note to the list of good things operating as corruption add punishment i.e. the power of remitting it: also evil in other classes. Hence, tyrants the most praised.

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    Evil the second case. Burthen to the co-honored.