19 Feb y 1808

on L d Eldon's Bill

Letter VII

v. Reasons proper here

'.5. Propriety of requiring Reasons in the present case

In the case of the proposed Commissioners, whose proposed authority will come afterwards to be considered even in this case then, if in the observations /reasons/ just given there be any truths[?] /propriety/ reasons in support of whatever regulations they come to report, ought to be required. That in its existing state the Scottish system of procedure is compleately ill adapted to the fulfilment of the several ends of justice - in that may be seen a proposition which has no need of proof: but that the system proposed instead of it /whatever it be that[?] may come to be/ - that in its several parts such new proposed system is well adapted to those ends - better than any other if any other there be that comes /stands/ in competition with it - then /in this/ it is that we say remaining the demand for reasons.

But whatsoever in the instance of these non-judicial functionaries, whosoever they may be, is the demand for reasons, that demand will be found not to have lost any of its strength, but to have acquired an additional strength when applied to the dignitaries in question - the members of that supreme natural judicatory /Court Of Justice/.

Practice of this body of men in respect of sinister interest - conduct of the same body throughout the whole period of its existence - declarations /avowals/ recently made by a great majority /more than a quorum/ of the present members - all these presumptions applying in general /operating in the lump/ in disfavour of whatsoever regulations may come to be proposed from a quarter /be seen to issue from such a source/ so situated /circumstanced. Your Bill has it the approbation of the gentleman of the long robe? has it the sanction of the learned Judges? Such is the question one hears as often as a [...?] aiming at the correction of any of the abuses in which these learned and venerable persons falter[?] is proposed, your plan of national defence has it the approbation of Bonaparte? would he behold in there[?] that a question no less reasonable.