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[...?] Feb y 1808
Powers Se
[...?...?] Commission
Want of power
'. 15[?] Want of power for compelling evidence /as to evidence/.
Another circumstance which has not contributed to encrease ny confidence in the success in this commission is the laxity of it on the subject of powers for enquiry - coercive powers.
When a man sits about instituting one enquiry not the mode of conducting business in any department of government, especially one which has been the subject of complaint, he naturally, if he be in [...?], sits himself to consider from whence and by what means the information is to be obtained. For this purpose the intended informants are [...?...?] by him into two classes /rendered in his imagination in two [...?]/: the unwilling and the willing. In the unwilling [...?] he may make sure of finding every individual whose interest will in the conception of the individual be prejudiced in any shape or degree by the disclosure: together with an uncertain admixture of those to whom it may happen to find themselves moved[?] to taciturnity or misrepresentation by any consideration of sympathy, point of honour or caprice.
In the business of judicature be the matter at stake ever so inconsiderable, amount[?] of danger, if any, giving a shilling, powers /a shilling, to the Judge moreover, a percentage ever so obscure/ coercive powers for coming at the truth are never grudged. When the matter at stake is /may/ /In the purpose of legislation, whose [...?] have/ in respect of extent and largeness of scale, /point of importance, as resulting from/, be without exaggeration[?] by [...?] boundless, and the trustworthiness of the persons he entrusted with power for the [...?] purpose, has for its [...?] the faculty of special [...?] it is that the necessary power is grudged.
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Title: [10 Feb y 1808 Power sec high]Description: 10 Feb y 1808 Power sec high [...?] Want of powers If in the above observation there be any propriety, in the present instance the application of them is but too obvious and irrecusable /irrecusible[?]/. There is the occasion in which for the support of their authority, the Commissioners are not furnished with so much as the shadow of coercive power: this is, where besides advice to be given /arrangements to be proposed/, there are facts, boundess in variety and number, to be learnt: "full enquiries to be made relative to the whole course of procedure, including everything /whatsoever/ that is usually done or has soever[?] been done by lawyers of both chapter, efficient and professional, in all [...?]; as may be seen in detail in the │ │ of those [...?]:- full enquiries! well - and what if they receive no answers? - why then - then nothing will be [...?] - nothing will be done. but that there can be an y reason to apprehend but that reasons[?] will be given, and given in abundance: a fee[?] example, when increase of fees, or when satisfaction for losses[?] is supposed losses[?] is the [...?] results. On one side /of two sides/ there will be [...?] and answers to spare /Of answers [...?] to be put into one of the two opposite sdales there will be enough and to spare/: but should any thing be found wanting to put[?] into the othe scale, there it is that it will be found that these enquiries have full powers for [...?] falsehood, but even [...?] enables them to come at the truth. Then comes an Act beginning "Whenever doubts have [...?]" - which is always the largeness when the penure[?] of the former /original/ Act a flaw in it, to draw more business out of, or was a /either/ known as a [...?] as both beyond a shadow of a doubt.
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Title: [3 Aug. 1801 Eden Simple Computation]Description: 3 Aug. 1801 Eden Simple Computation 4 74 Meantime let this be understood – {and it may be understood without experiment} – that the obstruction afforded in the case in question (the case of the proposed 12:16s Annuity Notes) would be much less than in those other cases, in which it does not appear to have operated even as a restriction – much less as a bar. This superiority it would derive from several circumstances: - The occasions for passing off the note, and consequently of its being exposed to the obstruction would by reason of the inferior magnitude of it, be so much the less numerous: the chances against its finding itself on each occasion in illiterate hands – hands in whose instance the complication in question would be a cause of obstruction would also be the more numerous: and the trouble of obtaining the requisite literary assistance would be the less grudged, the greater the amount of the value at stake. When two such Annuity Notes come to be added together, there indeed simple inspection (I must confess) is no longer sufficient: there indeed computation is required. But then in this case the three elements just mentioned – infrequency of the occasion for circulation – improbability of the want of sufficient learning – and ratio of the value at stake to the trouble of enquiry – are, each of them, doubled, and now the value of the principal has risen to above a quarter of that of an Exchequer Bill, or India Bond.
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Title: [Jan y 1808 On Lord Eldon's Bill]Description: Jan y 1808 On Lord Eldon's Bill IV. Sign Manual Commiss Sign Manual Commission. That it will answer every purpose it was expected or designed to answer I see no reason to dispatch. /For more[?] of [...?], such as the noble and learned Lord's learned advisor powers[?] of/ it will provide comfortable and respectable situations: for a /divers [...?]/ member of men of [...?]. It will make a shew if not having done, at least /any rate/ of doing something, and without prejudice to the learned profession in any of its branches. Under the semblance of cutting down it will pursue[?] the tree[?] /toxico[?]-deciduous[?]/ of [...?], the poison-sale, the tree of evil without good, and by /so proves it/ pruning[?] it enable it to stake /take/ the former[?] root, and branch out with renovated /augmented/ vigour. To these /the accomplishment of/ several purposes which if not in /with a certain [...?] good purpose /reform to the interests of the community/, can certainly not be accused /charged/ of /with/ being unnatural ones, there is as little danger of any want of power - intellectual power, as if any want of inclination. In able hands it /the work/ will be done [...?] nature: and according to the measure of this ability, will be clear and comprehensive [...?] of the connection between ends and means. In the most incapable hands /weakest hands guided by the weakest eyes/ it is not /will not be/ exposed to fact. The most that can hasten[?] as to confusion: and by confusion, he[?] [...?] it is, the more compleatly will the [...?] be answered /object be accomplished/: between able hands and [...?] ones, the only [...?] difference will be that the abler the hand by which the confirmation and if possible the [...?] of the mischief is provided for, the less conspicuous will the real tendency of it be, and the more plausible the pretences, should any be deemed necessary, that will be made for covering it.
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