Feb y 1808

G +

on L d Eldon's Bill

Letter V

VII. Competition desirable

 To come after Rationalization Ends of Justice Distrust Causes

'.7. Competition - desirable as between Session and Commissioners.

By giving to these Judges /the operators[?]/ and to the proposed Commissioners a field of operation /exercise/ the same in situation /position/ and extent, I should give to the service that advantage, of which we have heard /celebrated/ so much of, under the name of the benefit of competition.

 Insert here what has been said of the inutility[?] of it in the English Courts?

Where the competition is real and open, no secret community of interest strong enough to damp[?], and taint with collusion, the exertion of the competitors, the force and utility of this principle is beyond dispute. Let the [...?] be but a fair one, the [...?] becomes liberal, the strings of the closest purse relax themselves.

When the race is a fair one none of the racers playing body[?], every nerve is upon the stretch.

Where as between shop and shop, every penny of profit gained by one is a penny lost to the other neither linked to the other, as in the English delay and oppression - shops by the ties of a secret partnership, neither severed[?] in the possession of a large portion of custom by the necessities and distress of customers, each without intending it, serves the customers interest as well as its own each sends out its wares as good and as cheap as it can afford to make them.

In the present instance its salutary /beneficial/ influence has already been certified /attested/ by experience. /+2 The abuses of the system are the patrimony of the profession./ Never, as I have already had occasion to shew - never[?] did any set of men, /not even among lawyers/ stand clearer of all suspicion of giving up an /one/ atom of abuse that could by possibility be retained. Well, my Lord: a little while, and I shall have /the occasion will present itself for shewing/ bring to Your Lordship's view one instance in which alterations /amendments/ of real utility, of some variety, and to no inconsiderable extent /good, real good/, have actually come out of this /so unpromising a/ Nazareth.

/Under Your Lordships stewardship/ The race was begun by Your Lordships learned adviser: the few and short steps taken by his reluctant feet in the career of reform put /were sufficient/ the old stagers upon their mettle: left to themselves they never had stirred, never would have stirred, an inch. Bot to be left behind, the Commissioners, /the as yet unborn competitors/ will find it necessary to make a farther start: and which soever be the emblem, an auction, a foot or horse race, or a game of leap-frog the force and benefit of this principle will stand confessed.

/+ 3 but the state of things expressed by the homily proverb, beginning with needs must, was realized./

/+4 or a set of sealed essays written or tenders[?] and sent in for [...?], question or advertisement for contractors.