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29 April 1807
Lawyers judged
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.
First as to personal interests.
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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Title: [24 April 1807 Lawyers judged]Description: 24 April 1807 Lawyers judged Letter 2 The first point /proposition/ that presents itself is - that in the instance of neither of the contending parties is the good of the people in their character of suitors, the ruling object. In reality and at bottom, it could not reasonably be expected that with either of them it should have an object in any degree: but as to its being the prime an predominant object, this is not in the instance of either of them so much as professed. First as to the learned Memorialists, the Judges. Of /To/ the interests of the people to the ends of justice - as the proper and prime standards of reference /rectitude/, no reference next to no notice/ any where. Reference by words too vague to afford instruction /answer any good purpose, in the way of list[?] check or guidance instruction, check or guidance, yes in Art. 2. The proposed division pronounced unnecessary and inexpedient. │ │ [...?] In Art. 14. the expediency in general stated as doubtful: if carried to the extent proposed, consequences calamitous. In Art. 20. In Jury-trial, if instituted /applied/ to causes commenced in inferior Courts pronounced inexpedient, dangerous, impracticable. In Art. 38. Something which they understood to have been proposed to be done viz.: by Parliament, is remonstrated against as " illegal" and " unjust". An act of Parliament illegal! and this from Judges! Unjust, perhaps so: you must go to some one else, if you wish to see it proved that Parliament can make justice, can turn injustice into justice - can make justice. But does not Parliament make law? or do those Judges propose to take to themselves a monopoly of the manufacture? words expressive of nothing but the heat raised /exited/ in the mode[?] of the penner and his associates/
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Title: [27 Oct r 1807 L d Eldon's Bill]Description: 27 Oct r 1807 L d Eldon's Bill '.11 assembled by President But between the printing of the two Bills, ambition had swelled in the lower /inferior/ regions, the spirit of liberality had taken possession of the upper: what you proposed for your Right Honourable principal, quoth the Lord Chancellor's learned draughtsman to the Lord President's, is a mere trifle: leave the matter to me, and see what care I take of you: every thing may be done with you, nothing at all shall ever be done without you. Thereupon he goes to work, and taking up the section as drawn by his learned co- and sub- operator re-enacts it in substance the first of the two parts which it consists of, with no other alteration than what consists in the stuffing in a quantity of surplusage, as usual from his own kitchen[?] to suit it to his own taste: Between forms and[?] of process he shifts presiding[?] and: taking out in both Chambers, he shifts in here before each of the said Divisions of the Judges respectively and before the Lords Ordinary of each respectively: then come [...?] verbis[?], and without any improvement made by superiority of station and learning, and no alteration thereof shall but by Acts of Sederunt of the whole Court: then immediately thereupon, after stuffing /interpolation/ in /of/ the favourable clause " in a quorum of nine Judges thereof, come the auspicious words copied with the most gracious fidelity, assembled by the Lord President. At the sound of these words as it were by a sudden fit of inspiration, such as genius is subject to, on he rushes giving to the Court or Quorum thus put under the power /guardianship //monarchy/ of the Lord President - the power to do everything that is to be done: "to which Court or Quorum," says he (as if by the bye) "it shall be competent to make such alterations in and regulations concerning such forms of proceeding and process, and particularly concerning the mode of conducting the Pleadings in the said Divisions or Court, and before the Ordinance, by writings or by pleadings caused on" (carried on?) " vivâ voce, as shall appear necessary or expedient ..."
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