April 1807

Lawyers judged

That is their own interests that they pursue /aim at/, and not yours - their own sinister ends - not the ends of justice, is rendered plain - but too plain - by the following considerations.

That the ends of justice possess no share in their regard is evidenced /demonstrated/ not only from their situation, as above described, but from the tenor of their Memorial.

1. Were the ends of Justice the leading objects of their regard, those ends would be throughout spoken of and appealed to. But of all the ends of justice as above [...?], not one is spoken of in any one of the 50 articles.

What they have no /not any/ regard for then is - the ends of justice.

My friends - I your sincere well-wisher and humble advisor have a regard for the ends of justice: and the proof of it is - the mention I thus make of them: the pains I am taken, and from first to last in the course of my labour upon the subject have [...?...?] to take, to point your attention /keep your attention fixt/ to nail[?], to nail[?] it to those sacred ends.

[ Add so in regard to interests?]
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  • 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[?]
  • Title: [April 1807 Lawyers judged Where]
    Description: April 1807

    Lawyers judged

    Where [...?] are[?] included, the [...?] of interest and those of duty coincide.

    What they have not any regard for - what it does not occurr to them so much as to profess a regard for - is the ends of justice.

    What they have a regard for - what at least it does occurr to them to profess a regard is - the Act of Union that is to say, to the letter of it?

    Why to the letter of that Act? Because not only the proposed authoritative plan of reform, but every change that would be in any considerable degree beneficial to your interests - conducive to the ends of justice, is regarded by them as adverse to their corporate and consequently individual interests: and for the support /maintenance/ of their own /those/ private in opposition to the public interest, they fancy /it appears to them/ they behold a support in the letter of that law.

    Supposing no other alternative which, my good Lords would be /is you rather[?] see/ the object of your choice? the people shall be more happy, and the Act of Union departed from /departure/? - or the people unhappy /less happy/, and the Act of Union adhered to without departure? The answer of their Lordships is already given. The happiness of the people? the ends of justice? Neither object has any place in one[?] thought.  Neither object would any purpose of our own be answered. By the Act of Union /the letter of it/ we regard as adapted to our purpose: this accordingly is all we think of: this is all we speak of: this is the only object we consider ourselves consider, or wish to see considered by others.
  • Title: [29 April 1807 Lawyers judged]
    Description: 29 April 1807

    Lawyers judged

    Ends in view

    1. Memorialists

    In Articles 39 and 40 indeed mention is made of the /comes the/ topic of expence and in Article 41, that of delay: both topics slightly mentioned, neither of them at all, till after the vague effusions of both having exhausted themselves, as above, together with those nearer and dearer interests the[?] [...?] which I shall come to presently, and those other topic, from which every thing in which the interests of the people and the ends of justice have any concern, suffers a compleat eclipse.

    Considerations Considerations not incapable /unsusceptible/ /of a more special cast/ of/ certainly of connection and reference with regard to the ends of justice, here and there it must be admitted interspersed: but on these little stress laid, in comparison of the stress laid on so many other more personally interesting topics, and no such reference made.

    See Art. 3.4.5.6.