15 Apr 1808

Ch. | | Competition

'. 2 predication[?]

'.2. Competition is not applicable with adversity[?] to judicatures.

1. First then as to judicature. That from the principle of competition as applied to this branch of the public service has received benefit, and that to a very considerable amount is among the notions which in this country has I believe obtained a pretty general currency among thinking men. The supposed excellence of the system of procedure - the supposed [...?] of the conduct of the judge under that system has /have/ been spoken of as referable in a considerable degree to the influence of that cause.

From what source of instruction this notion has been derived - if from any institutional book /work/ from what book /work/ - Blackstone's for example, or [...?], or Adam Smith's, I stay not to enquire. What is of more importance is its agreement with experience general and special included.

If I mistake not in the present occasion this notion received some countenance from Your Lordship's authority /Lordship/. Competition with the benefit /beneficial influence supposed to be/ attached to it was among the results /good effects/ [...?] of as [...?] to result /flow/ from the proposed division of the Court.

Generally received notions are the stock which Statesmen have to work with. The lathe of [...?] and invention is[?] left to inferior hands /as closed speculators/.

By whosoever the notion was first broached, those of whom /a disposition to give currency/ it might reasonably be expected that they should be ready to take it up and give [...?] to it, are not /far to [...?]/ difficult to find.