date

April 1807 Lawyers judged J
April 1807

Lawyers judged

J.B. [...?] for [...?] the lawyer [...?] note

My friends I will venture to give /state/ it as a proposition true to its utmost extent - that any appeal to any known law whatsoever in the character of an invisible law - a law of the Medes[?] and Persians - a law incapable of being changed by the superior power in a /the/ state is of the most mischievous /pernicious/ tendency - incompatible with /subversive of/ good government: the result either of /if not of/ wickedness or wickedness in the extreme.

I state it - not with a view to the question alone but to all questions that can ever arise in the subject of any such law or compact: not to the question of this day only but to whatever question of the like kind may ever present itself /come to present themselves/ to the ends of time. I state it with a view not to Scotland only, but to Ireland.
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  • Title: [April 1807 Lawyers judged Coming]
    Description: April 1807

    Lawyers judged

    Coming from less learned source it might be ascribed to wickedness /imbecility of judgment/ coming from the source from which it does come, I can not ascribe it to any thing else - to any thing less than wickedness.

    For my friends to what end /with what view //purpose/ thus resort to a piece of parchment instead of the ends of justice. My friends - when the mask of hypocrisy is taken off - to these two ends which in fact [...?] in one - to excite commotions in the country - to incite you to opposition sedition, and if necessary rebellion - to produce this mischief in the first instance, or by the dread of it to [...?] the legislature and force them to abandon that reform by the institution of which they wish and expect to afford relief to [...?] under an inveterate and most galling grievance.

    All laws that proceed upon rational grounds proceed upon calculations of utility: upon a comparative view of good and evil: upon

    Arguments of this nature their learned Lordships are sensible would not suit their purpose: and therefore it is that they fly to the parchment as to the Laws of the altar.

    Therefore it is that they appeal to this and this and that law in the character of /by the name and description of [...?]/ fundamental law. Why call it a fundamental law? - Because when /no sooner is/ a fundamental law broken than the juncture for resistance is arrived. Coming from such authority - the very highest next to Parliament - the [...?] made of the Articles of Union - the very word fundamental so employed is a call to you to take up arms.
  • Title: [29 April 1807 2 Lawyers judged]
    Description: 29 April 1807

    2

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    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.
  • 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

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