17 Apr 1808

Letter V

Ch. | | Competition

' Proposed [...?...?...?]

1. /Competition the 2?:-/ Competition as between the Court of Session and the Commissioners.

Accuse me not of inconsistency, my Lord, in stating in the outset the distrust I found myself compelled to entertain respecting their learned Lordships, and now finding /[...?]/ a function for them which had not been found for them by any body else and there[?] functions too exactly upon a [...?] with those which are proposed to be committed to the Commissioners, the special depositaries[?] of /so high a measure of//so important a portion of/ the public confidence.

By a [...?] driven /plunged/ about in the whirlpool of personal interests and party politics, it is not often that the same object is held up to view [...?] on the same occasion in from unfavourable and a favourable and an unfavourable light: Too obscure to have any place in that vortex, man has no difficulties to encounter on that score. Without much pain I state in what circumstances evil rather than good may in my honourable view of the matter be reasonably expected at the hands of these illustrious persons: with [...?] pleasure /I state/ in what other circumstances /service really beneficial/ good may be to be expected from the same quarter.

Thus it was in /a case/ an instance already brought to view. What these Judges appeared desirous of is what our own Judges, with or without practice, have so often and so recently exercised - a dispensing power /suspending though not declared as such/ - and this upon their own terms. What I have volunteered in proposing for them is a suspending power, though a condition of its being called by /given for what it is/ its proper name, and being exercised upon my terms.