4 April 1808

Letter V

In England /the source of preferment being within the profession/ the head of the /Benchers[?]/ Bench having all judicial offices with all their sweets, immediately or mediately at his disposal, and all parts /divisions/ of the Bar, together with all the Benchers being knit together, close as a Macedonian phalanx, by one common interest, /as closely allied to that of the people as Bonaparte's to King George's,/ the opinions of the Bar and those of the Bench coincide of course. In Scotland, the source of preferment being situate sometimes in Scotland, sometimes in England - but at all times without the profession, /and the two interests capable of clashing,/ it is no less possible for the Bar to have an opinion of its own than for the Bench. Of the Members of the Scottish Bar as of the English there are always some /several/ who are also Members of Parliament: Of the Members of the highest Scottish Bench there[?] are never[?] are or can be so much as one whose speech or whose vote can make itself heard in either assembly of the legislature. Howsoever unworthy of /beneath/ regard the interest of the lieges[?] of the people in the character of suitors - actual or possible suitors - may be, that of the Members of the Scottish Bar is not in any such defenceless state. Thence it happens that wheresoever the interest of the leiges[?] is fortunate enough to be coincident with that of the Learned Faculty, and so to be understood to be, the interest of the leiges[?] is no longer altogether undeserving of regard, but to the extent of the coincidence, reaps the benefit of the alliance.

To the English reader, if any such I should have, these explanations may be necessary to the conception of two phenomena, which otherwise the scene lying in so distant a country as Scotland would be apt to appear incredible: viz. 1. That in the opinion of the Bar there should ever be any thing short of perfection in the opinion or conduct of the Bench: 2. that in the same puritanic[?]

sections[?] of the opinion of the public there should be any thing short of perfection in that system of procedure which had for its authors and has for its conductors the members of the Bench while in England, opinions of Judges, conduct of Judges, systems of substantive law[?] is[?] made by them[?] system of procedure made by them - every thing in and of that sort has been seated all along upon the pinnacle of perfection, under all its changes.