PRIVATE

25 May 1807

+ 1 1(9

Letter V

Plan

III. J.B. Remedies

The remedies held out by this part of the learned Reformers plan being thus, in my view of them, throughout inapposite and in the whole inadequate, pregnant moreover with additional mischief rather than relief, the next task, {but for which I should hardly have engaged in a research so unpleasant as this introductory one, was to find out, if possible, remedies of better promise.

One conclusion has been - that a marked and easily discernible distinction exists between malâ fide appeals, and bonâ fide Appeals:- in regard to malâ fide appeals, the desirable result is compleat prevention: and that such prevention may be accomplished without any such institution as the proposed intermediate Chamber of Review:- that in regard to bonâ fide Appeals, whether it be probable or not probable} it is not desirable, that such as would come from the Court of Session, should be prevented from coming, under the cognizance of the House of Lords:- that the sort of cognizance which at present the House professes to take is - besides its being in its mode of operation, inadequate to the ends of justice, and to the effectual support of the House of Lords in the station it occupies in the government is (I say) such, as in respect of the quantity of time requisite the House lies under a physical incapacity of continuing to take, as heretofore: that under this incapacity it would still continue to labour, even although the present habitual number of bonâ fide Appeals from Scotland to the House were to be diminished in any proportion that the learned Reformer would undertake to name:-