24 April 1807

A2

(2)

Letter V

Inadequate compensation

3. Appeal vice Advocation

1. Of the present mode of recourse to the Court of Session in the way of Advocation or Suspension - or to speak shortly of the Bill-Chamber - the existence is admitted and assumed to be a grievance. It is against this greivance that the new mode of Appeal - Appeal as now from inferior Courts to Justiciary on the Circuit is proposed in the character of a relief. In the first place for argument sake so be it: for the present let this be admitted and assumed.

Of the grievance the essence consists in delay, delay in superabundance: the essence, the relief, if any, will consist therefore in the diminution of the quantum of this delay.

On the part of which party is the delay most to be apprehended? on the part of him in whose conception delay hurtful to his own interests, or on the part of him to whose knowledge it will be amicable? Is is necessary to say the latter? and who thereupon to a certainty will be studious to spin it out to its utmost length. As it is, to whose option in each instance it is left whether in that instance the remedy shall be applicable.

A debt is due from a man: he has no defence: sued in an inferior Court judgment is given against him. He is either unable to pay or unwilling: set aside the proposed remedy by appeal he has in his power to stave off payment for a certain length of time: by the proposed remedy that time would, so it is supposed, be abridged. To his option it is left whether the proposed remedy shall be applied: that is whether his own purpose shall be defeated: and it is upon the determination which it is presumed he will make to defeat this his own purpose that the remedy is made dependant for its efficacy.

In the Tragedy of Tom Thumb, (I speak as an eye-witness) to make dispatch and clear the stage, while some of the dramatis personae are receiving into their bowels the fatal steel at the hands of their respective adversaries the rest are occupied in working it into their own. Upon the like diligence on the part of the tardy defendant, depend Your Lordship's learned Advisors (for by this time their name is legion) for the efficacy of their remedy.