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Feb y 1808
G +
on L d Eldon's Bill
Letter V
VII. Competition desirable
To come after Rationalization Ends of Justice Distrust Causes
'.7. Competition - desirable as between Session and Commissioners.
By giving to these Judges /the operators[?]/ and to the proposed Commissioners a field of operation /exercise/ the same in situation /position/ and extent, I should give to the service that advantage, of which we have heard /celebrated/ so much of, under the name of the benefit of competition.
Insert here what has been said of the inutility[?] of it in the English Courts?
Where the competition is real and open, no secret community of interest strong enough to damp[?], and taint with collusion, the exertion of the competitors, the force and utility of this principle is beyond dispute. Let the [...?] be but a fair one, the [...?] becomes liberal, the strings of the closest purse relax themselves.
When the race is a fair one none of the racers playing body[?], every nerve is upon the stretch.
Where as between shop and shop, every penny of profit gained by one is a penny lost to the other neither linked to the other, as in the English delay and oppression - shops by the ties of a secret partnership, neither severed[?] in the possession of a large portion of custom by the necessities and distress of customers, each without intending it, serves the customers interest as well as its own each sends out its wares as good and as cheap as it can afford to make them.
In the present instance its salutary /beneficial/ influence has already been certified /attested/ by experience. /+2 The abuses of the system are the patrimony of the profession./ Never, as I have already had occasion to shew - never[?] did any set of men, /not even among lawyers/ stand clearer of all suspicion of giving up an /one/ atom of abuse that could by possibility be retained. Well, my Lord: a little while, and I shall have /the occasion will present itself for shewing/ bring to Your Lordship's view one instance in which alterations /amendments/ of real utility, of some variety, and to no inconsiderable extent /good, real good/, have actually come out of this /so unpromising a/ Nazareth.
/Under Your Lordships stewardship/ The race was begun by Your Lordships learned adviser: the few and short steps taken by his reluctant feet in the career of reform put /were sufficient/ the old stagers upon their mettle: left to themselves they never had stirred, never would have stirred, an inch. Bot to be left behind, the Commissioners, /the as yet unborn competitors/ will find it necessary to make a farther start: and which soever be the emblem, an auction, a foot or horse race, or a game of leap-frog the force and benefit of this principle will stand confessed.
/+ 3 but the state of things expressed by the homily proverb, beginning with needs must, was realized./
/+4 or a set of sealed essays written or tenders[?] and sent in for [...?], question or advertisement for contractors.
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Title: [Jan y 1807 9? 1 Letter II[]Description: Jan y 1807 9? 1 Letter II[?] In this as in other cases, in office, as in trade the effect of /beneficial effect of the principle of/ competition has two branches: in the first place you have the effect of the competition upon the character and conduct of the competitors: in the next place you have the benefit of the choice, the facility of choosing /taking/ the best. Upon each individual in the character of a competitor, the matter of reward being the principle and especial cause of the competition, you get the beneficial effects which depend upon the employment of that pleasant matter, in contradistinction to the better matter of punishment: exhilarated and strengthened /invigorated/ by hopes, each competitor whether he supasses or as his rivals surpasses himself becomes in the race a stronger and swifter man than he would have been otherwise.
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Title: [18 Apr. 1808 Letter V Ch. Competition]Description: 18 Apr. 1808 Letter V Ch. Competition ' Proposed [...?] 2. Commrs & Volunteers Eldon [...?] ability & willingness [...?????] doubtful limits [...???] II Competition the 2 d: competition as between the Commissionerss and volunteers. In this case the inquisitorial function is of course out of the question: suggestion of regulations with reasons in the field to which the competition is confined. To The Commissioners, all retribution at the expence of the public will of course be allowed /made/, according to universal practice. their number were it only for this reason will be confined within narrow limits. Open the door to improsed[?] volunteers, the number of the parties /competitors/ to the competition will be susceptible of an indefinite increase, and the probability is that among them a degree of aptitude may be found superior[?] to any that may be manifested /will display itself/ by the chosen few. Of the Commissions the number will be a limited one: say half a dozen, little more or less. For these chosen few, retribution will I take for granted be allowed at the expense of the public, according to universal practice. Volunteers present a number without limit: all contributors; all competitors with one another and with the Commissioners. When money is attached to employment, what a man is sure to like /it is certain that a man likes/ is the money, what he is not sure to like is the employment /task/. When money is attached to employment, what it is certain a man is fit for, is receiving the money; what it is not certain that he is fit for is executing the task. When no money, nor other extraneous reward is attached to the employment, and a man accepts of it notwithstanding. what is not certain is that he is fit for it; but what is certain is that he likes it. and a man's having a relish /liking to/ for an employment affords of itself no inconsiderable presumption of his being fit for it and if two men[?], the one liking the employment the other not, the first is surely cateris paribus, likely to be the most fit for it.
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Title: [7 Aug 1815 Jug True (3)]Description: 7 Aug 1815 Jug True (3) Nazareth Sermon Supposing the deficiency to him had inability for the immediate cause, unbelief serves very well for the immediate cause of that cause. Not so supposing it to [have] MS ‘had’. unwillingness for its immediate cause: pure unwillingness without any admixture of inability: upon this bare word he could not get them to believe. Miracles were what they called for or at least looked for. Was this a reason for the forbearance to work miracles? On the contrary it is by this reason and by this alone that the working of miracles could be justified, if they believed without any miracle, why expend upon them any such pretious article. According to Mark he found himself unable to give to these people for the belief he demanded at their hands the ground which they required, and yet at the same time when instead of the required belief he got nothing from them but disbelief, he marvelled at it. Just as if he had said of a baker that upon a strange customer coming to his shop to buy a penny roll, and that upon the baker saying down with your penny or you shall not have the roll the customer walked out of the shop without buying the roll; his doing so was matter of wonder to the baker.
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