17 July 1807

Scotch Reform

(3) 20

2 o

Letter V

Ch.3. Bonâ fide Appeals

Compared with that of the Court of Exchequer, the business of the Court of Session, undivided as it is as yet, is beyond comparison of more considerable importance: compared with that of the same Court of Exchequer, the business of each Section of the Court of Session when there are three of them, is still in a high degree of more considerable importance. A vacancy has taken place in the office of President of the existing Court of Session or in the office of President of one of the three future contingent sections of it. For the filling up of this vacancy the Lord Chief Baron of the Court of Exchequer having been, by his Majesty's wisdom, deemed the fittest person has accordingly, by his Majesty's power, been appointed. {all this as orthodox as if the pen inherited from Blackstone's desk had written it.} If not the Lord Chief Baron for the time being, then some person, in comparison with whom the Lord Chief Baron is less fit: if the Lord Chief Baron, then the Lord Chief Baron himself becomes a President of the Court of Session, or a President of a Section of the Court of Session, in comparison of whom relation being had with reference to the business of the Court or section of the Court of Session, his successor in the Lord Chief Baronship is less fit: in either case what is the effect of the arrangement: that the decision of the learned person most fit is subjected to reversal by one who is less so. If in point of superior chance of rectitude nothing were got by the change, that surely would be sufficient; but, rate it as low as you will, here is a something that is lost by it.