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13 Aug. 1808 Arrangements Suggested III. Examine Accountants
4 Case of un-reasonable - the truth to the Crimes epistolary is turned over to Inspectors.
In the occasion of the individual Account which gave rise to these suggestions, through submission to this most searching as well as expeditious mode of scrutiny was offered - spontaneously and expressly offered - the offer was not accepted.
Of the quantity of vexation hath to be produced [+] [+] by the exclusion of this most expeditious as well as searching mode of collecting evidence by this such forbearance an example may be seen in the quantity actually produced in this same individual case.
Of the necessary communications withholden, as well as the irrelevent and on other accounts mindless questions put, and other requisitions made, a statement may be seen in the paper of Charges to which they have given birth. By a personal attendance and examination, had the offer on that head in that belief been accepted, all these sources of vexation could have been dried up at once.
The vexation which in that case would have been no more those which might increasing attendance would have contained.
Of the vexation that will have been actually produced, the part already included produced at different times incurred, reckoning the incidents arising out of it has been sufficient to fill up the space of considerably more than a month. As to the offer was there made, as above it amounted to nothing more than an eventual consent; no petition urging acceptance, being coupled with it. In fact I had no wish to see it accepted: my wishes being rather on the opposite side. Why? - because my object was to save as much as possible of time designed for other uses. What I took for granted was - that the unexceptionable evidence of extraneous witnesses, and that delivered in its best shape, would have received if not the same preference, at any rate the same acceptance in this as in the higher judicatories: in which case, the sources of this evidence having been already indicated by me in the first instance, viz. upon the face of the Account, a few lines from me, for the purpose of setting the times of attendance for the witnesses witnesses in the terms of their affidavits, would have been all that supposing the intercourse with an in the epistoliary mode, would have been necessary. On this supposition then by the acceptance of the offer no vexation, but rather a relief would have been produced.
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Title: [1 April 1804 Evidence Forthcomingness]Description: 1 April 1804 Evidence Forthcomingness Ch. Investigatorial ยง.7. Course At the delivering office, now becomes by reciprocation of the receiving office, Column 3 d in the Register Book for entry of the re-acceptance of the interrogative letter with the answer inserted. Column 4 the for entry of any casual answer or answers, if transmitted, as above. On this plan of expeditious correspondence, the veracity and accuracy of the witness may and must be trusted to the security of ordinary punishment without the interposition of the ceremony of an oath. Why so? - because an oath saved is in this case a journey saved, with the certain vexation and expence, and the delays certain or contingent that may be attached to it. An oath can not be taken without a magistrate to administer it: thence, journey either of the witness to the Magistrate, or of the Magistrate to the witness: Try[?] not to speak other with preparatory correspondence, for the indefinite length of time, to secure their meeting[?]. In this case the worst that can happen, is the recurring to the ordinary mode, and enforcing upon the proposed witness the obligation of personal attendance. This is the worst that can happen from any of these misconceptions or neglects which on the part of uncultivated minds (in which case will naturally be a great majority of the people) will always be liable to take place. There is therefore much to gain by this species of procedure - viz. much vexation expence and delay to save by it - and nothing to lose. When the worst has happened that can happen, things are in no worse than the same condition in consequence of it, than they would have been in without it. Nothing of that [...?] /those [...?]/, which being sown /scattered/ with such unfeeling wantonness, over the field of procedure, infuse their taint[?] into every prescribed formulary, and render it a curse /convert it into a poison mortal to justice/.
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Title: [18 March 1807 1 J.B. to [.]Description: 18 March 1807 1 J.B. to [...?] Fellow Countrymen and Fellow-subjects I have an offer of service to make to you. - of a sort of service which was never yet offered by any individual to any nation /people/ by any individual: and on terms on which it is not very usual for services of a nature equally laborious to be offered: how far it /the offer / promises to be worth your acceptance, it will rest with you to judge /what little it presents to your acceptance, you will judge./ I will state in the first place the nature of the service; and the need you have of it which in my view of the matter you have for it, and then something for I fear it will be thought necessary - something but as little as possible, of the individual by whom it is offered. In Scotland far as long as most of you can remember, the state of the administration of justice has /had/ been not only a cause of suffering, but matter of complaint. At various times projects /designs/ were set in foot and even attempts made, for affording relief but all abortive. At length in /about/ April 1806 Lord Grenville being then at the head of a /the/ new formed Administration, one of them met with /was [...?] //received the honour of/ his acceptance. On One of /On his [...?]/ The Resolution which you all hear of even voted by the House of Lords. On the occasion of that motion /In the course of his speech, duty compressed with the difficulty as well as the importance of the subject, he held out to all rich persons whose labours as presented himself to his notice as likely by their labours /assistance/ to contribute to the end /object/ in view, to come forward and render it. Amongst others the hand /pen/ which now addresses you accepted the invitation. The work which was the fruit of it has for some time been submitted to /a candidate for/ your notice, under the title of Scotch Reform [...?].
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Title: [12 June 1805 Evidence Introd]Description: 12 June 1805 Evidence Introd Ch. Procedure Natural '. [...?] Object n to [...?] ''. Objections to simultaneous personal appearance, in [...?], [...?] Judice[?]. In government, no arrangement that has not its inconveniences - none therefore that is not exposed to objections, which /that/, conclusive or inconclusive may be, are at least as far as they extend, well-grounded ones. To the arrangement here in question, the following objection will be found the most plausible, as well as the most obvious. As far as they go, they have their weight: but might well be seen to be weight is but as a feather[?], when compared with the /those/ weights on the opposite scale. 1. What a vexation what a hardship! to an honest man, to be forced into a Court of Justice, kept there for any length of time, at the call of any dishonest man, and over and over again at the call of any number of dishonest men! Answer 1. Be this as it may, this is no more than what in the character of a witness every man is exposed[?] to, ever has been, and ever will and must be. Which is the greatest hardship to a man? to suffer this /to bestow this labour/ about his own business, or to bestow the same labour about what is not his business? 2. Besides the vexation of months or years, to the two parties, by the simultaneous attendance of those two persons for a small part of a single day, the attendance of any number of persons in the character of witnesses may be saved - and this will be the case much oftener than otherwise. + 3. In any country labouring under the oppression /burthen/ of the technical system of procedure Where on the occasion of a suit at law, the subject of the vexation attached to personal attendance on the instance of either party, is started, the quantity /quantum/ of vexation that will be apt to present itself to the mind will naturally be the amount of that which the professional assistants of that party are obliged /undergo/ to bestow at present /and for which they are paid accordingly/. But the fact /truth/ is, that in all ordinary cases, the necessity for such attendance is, as to all but a trifling /comparatively inconsiderable/ portion of it, factitious; is created by the substitution of the technical system to the natural, and under the natural would have no existence: is created by the non-attendance of the parties, and therefore would not be created by /exist in case of/ their attendance. + In[?]
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