JB_094_329.xml

Title: [17 Apr 1808 Letter V Ch.]

Description: 17 Apr 1808

Letter V

Ch. | | Competition

' Proposed [...?...?...?]

1. /Competition the 2?:-/ Competition as between the Court of Session and the Commissioners.

Accuse me not of inconsistency, my Lord, in stating in the outset the distrust I found myself compelled to entertain respecting their learned Lordships, and now finding /[...?]/ a function for them which had not been found for them by any body else and there[?] functions too exactly upon a [...?] with those which are proposed to be committed to the Commissioners, the special depositaries[?] of /so high a measure of//so important a portion of/ the public confidence.

By a [...?] driven /plunged/ about in the whirlpool of personal interests and party politics, it is not often that the same object is held up to view [...?] on the same occasion in from unfavourable and a favourable and an unfavourable light: Too obscure to have any place in that vortex, man has no difficulties to encounter on that score. Without much pain I state in what circumstances evil rather than good may in my honourable view of the matter be reasonably expected at the hands of these illustrious persons: with [...?] pleasure /I state/ in what other circumstances /service really beneficial/ good may be to be expected from the same quarter.

Thus it was in /a case/ an instance already brought to view. What these Judges appeared desirous of is what our own Judges, with or without practice, have so often and so recently exercised - a dispensing power /suspending though not declared as such/ - and this upon their own terms. What I have volunteered in proposing for them is a suspending power, though a condition of its being called by /given for what it is/ its proper name, and being exercised upon my terms.

JB_094_333.xml

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.

JB_094_330.xml

Title: [17 Apr 1808 Letter V Ch. Competition]

Description: 17 Apr 1808

Letter V

Ch. Competition

'. Proposed aims[?]

1. Session & Commrs.[?]

The functions intended for the Commissioners are two[?]: 1. suggestion or say initiation in regard to regulations: 2. enquiry or in the language of any person who may be disposed to make a strong argument against it with little expence of thought or labour, inquisition: 1. enquiry or inquisition; 2. suggestion or say initiation, in regard to regulations.

As to regulations, what there is new /the only quarter/ in regard to which the function here proposed for them /has anything new in it, is that of/ is nothing more than extent. In the hands of the Commissioners this initiative function at length seems to have no other limits than those of the system of procedure, throughout Scotland, the judicial establishment and system of pleading included: what I propose is that in this field /on this ground/ in the hands of the Court of Session the same function should have no other limits.

Why should it? The function coupled with strong power. the function of making laws outright, they have all along possessed: exercisable provisionally, it is by those by whom they are viewed with most distrust, proposed to be continued to a very considerable extent in their hands: and accordingly in /by/ the same eyes regarded /viewed/ as not likely to be abused. But the function of suggesting regulation the function of bare suggestion is a function scarce capable of being abused in any hands.

Your Lordship will have recognised, if I do not too highly flatter myself, the utility as well as importance of several suggestions that have already issued from that quarter. My wish /and my hope/ is to see from, the same quarter, more of the same sort /last/ tendency/: the more the better and under the spur of competition, my hope.