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'' | <p>Parliament to your Lordships choice? made it the <lb/> standard of comparison? offered it with distinction<lb/> and with marks of preference? Would the public have<lb/> been told, would your Memorialist have been told, upon<lb/> the faith of Parliament, that your Lordships were left at<lb/> liberty to adhere to the choice, when in fact your hands<lb/> have been tied? A transaction of this sort would<lb/> have been a fraud upon Parliament, a fraud upon<lb/> your Memorialist, and to what purpose?</p> | ||
<note>30.<lb/> The optional <lb/> clause in the<lb/> Act affords no<lb/>proof of such<lb/> agreement</note> | |||
<p>On the other hand, does the construction, your <lb/> Memorialist humbly contends for, render the option<lb/> nugatory? By no means. It would not only have<lb/> had its operation, but had an operation conformable to<lb/>the views of the Gentlemen who proposed it, if it had so<lb/> happened, that any other spot could have been found,<lb/> which proved equally "convenient and proper," as well<lb/> in the eyes of your Lordships, confining your views<lb/> to the Public Service, as in those of your Memorialist.<lb/> <hi rend="underline">You suppose</hi> (was the language that would be<lb/> naturally held by Gentlemen in Administration on<lb/> such an occasion) <hi rend="underline">You suppose that other spots may<lb/>be found equally proper and convenient: we don't know<lb/> that there are other spots we should think so, we<lb/> don't know that these are not; we don't <add>know</add> that there<lb/> are other spots which the Contractor would think<lb/> so, or could be brought to think so, we don't know<lb/> that there are not: but in the mean time the option<lb/> can at any rate do no harm; and, as you desire it<lb/>we will insert it</hi>. Such, and such alone, was the<lb/> Language of Prudence and good Faith: that and<lb/> that along was a Language equally consistent with<lb/>the engagements to one party, and with the wishes of<lb/> the other: if therefore actually <hi rend="underline">was</hi> the Language of<lb/> Administration: the conclusion is a necessary one: this<lb/> and this alone was the fair and the only construction <lb/> <add>of</add></p> | |||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
Parliament to your Lordships choice? made it the
standard of comparison? offered it with distinction
and with marks of preference? Would the public have
been told, would your Memorialist have been told, upon
the faith of Parliament, that your Lordships were left at
liberty to adhere to the choice, when in fact your hands
have been tied? A transaction of this sort would
have been a fraud upon Parliament, a fraud upon
your Memorialist, and to what purpose?
30.
The optional
clause in the
Act affords no
proof of such
agreement
On the other hand, does the construction, your
Memorialist humbly contends for, render the option
nugatory? By no means. It would not only have
had its operation, but had an operation conformable to
the views of the Gentlemen who proposed it, if it had so
happened, that any other spot could have been found,
which proved equally "convenient and proper," as well
in the eyes of your Lordships, confining your views
to the Public Service, as in those of your Memorialist.
You suppose (was the language that would be
naturally held by Gentlemen in Administration on
such an occasion) You suppose that other spots may
be found equally proper and convenient: we don't know
that there are other spots we should think so, we
don't know that these are not; we don't know that there
are other spots which the Contractor would think
so, or could be brought to think so, we don't know
that there are not: but in the mean time the option
can at any rate do no harm; and, as you desire it
we will insert it. Such, and such alone, was the
Language of Prudence and good Faith: that and
that along was a Language equally consistent with
the engagements to one party, and with the wishes of
the other: if therefore actually was the Language of
Administration: the conclusion is a necessary one: this
and this alone was the fair and the only construction
of
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Identifier: | JB/118/060/002"JB/" can not be assigned to a declared number type with value 118. |
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30 |
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118 |
panopticon |
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060 |
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002 |
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copy/fair copy sheet |
2 |
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recto |
f35 / f36 |
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coles |
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patrick colquhoun |
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see note to letter 988, vol. 5 |
39114 |
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