23 April 1807

D3 + F2

(1) (2) 17 11

Letter V

Inadequate compensation

IV.2. Interlocution Unappealable

VI. [...?] [...?]

It was by the Resolution alone (Resolution 13) that the above objections were suggested. The Bill itself is now before me, and to my view of the matter the ground of objection seems to be scarcely so much as touched upon, certainly not removed. From the Chamber of Review, to the House of Lords appeals declared to be competent, "in all cases where the judgments of the said Chamber of Review shall be pronounced on the whole merits of the cause, and the general issue between the parties:" - not competent, "where such decisions are given upon interlocutory judgments brought before the said Chamber of Review by Appeal from any of the said Chambers." To interlocutory judgments - to all such judgments without exception, is the exemption thus extended. No exception declared, but as to implication grounds for it would I make no doubt be made out of the words inserted in the description of the opposite case - viz. the whole merits of the cause, and the general Issue between the parties. Notwithstanding the prohibition put upon Interlocutors in general, yet Appeal must be understood to be allowed from any such particular sort of an interlocutor, if such there be, that can be shewn to be "pronounced on the whole merits of the cause, and the general issue between the two parties." An interlocutor, affirming or disaffirming the relevancy, i.e. the matter of law - will thus, my Lord, be understood to be pronounced on the whole merits, and the general Issue? And what, if it be a cause in which there can not be any such thing as a general issue? as in every cause in which Jury-trial is not to be employed, and in every cause in which Jury-trial is employed. For my Lord, in good and honest Scotch law language, what means this anglicanism? Our fellow subjects on the other side of the river, have they or is it intended they shall be poisoned with Not guilty ( in civili) Non assumpsit, Nil debit, or Non est factum? - with all the allegations therein and thereby unindicated yet pretended to be implied - and all the fiction and all the nonsense and all the wickedness thereunto, belonging and appertaining? The Lord if his mercy preserve them from this scourge!