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<p>Does the Act then put the choice on the spot in the<lb/> power of an individual, in the power of your Memorialist, <lb/> altogether? Does it give him a negative upon it in every<lb/> case? By no means. It gives him no negative, upon the<lb/> choice of that best of all spots, which has been chosen by <lb/> such high authority, and after such mature deliberation.<lb/> Convenient or inconvenient to <hi rend="underline">him</hi>, you Lordships may<lb/> call upon him to take <hi rend="underline">that</hi> or none. He has pronounced<lb/> it convenient, he is estopped from from calling it otherwise.<lb/> Could he, pointing to any new spot, say <hi rend="underline">this would be<lb/> more convenient to me than the old one, therefore you<lb/> are bound to give it me instead?</hi> — No certainly, not<lb/> even were he able to <sic>shew</sic> that it would be still more<lb/> <hi rend="underline">convenient and proper</hi> with reference to the public in every<lb/> point of view. The Act <hi rend="underline">admitts</hi> that other spots <add>may perhaps be found</add>"as convenient<lb/>"& proper:" but it does not <sic>admitt</sic> that any can<lb/> be <hi rend="underline">more</hi> so. Hard indeed then would it be, if while one<lb/> party, your Memorialist, were bound, the other party, <lb/> the public, whom your Lordships represent, should be altogether<lb/> free.</p> | <p>Does the Act then put the choice on the spot in the<lb/> power of an individual, in the power of your Memorialist, <lb/> altogether? Does it give him a negative upon it in every<lb/> case? By no means. It gives him no negative, upon the<lb/> choice of that best of all spots, which has been chosen by <lb/> such high authority, and after such mature deliberation.<lb/> Convenient or inconvenient to <hi rend="underline">him</hi>, you Lordships may<lb/> call upon him to take <hi rend="underline">that</hi> or none. He has pronounced<lb/> it convenient, he is estopped from from calling it otherwise.<lb/> Could he, pointing to any new spot, say <hi rend="underline">this would be<lb/> more convenient to me than the old one, therefore you<lb/> are bound to give it me instead?</hi> — No certainly, not<lb/> even were he able to <sic>shew</sic> that it would be still more<lb/> <hi rend="underline">convenient and proper</hi> with reference to the public in every<lb/> point of view. The Act <hi rend="underline">admitts</hi> that other spots <add>may perhaps be found</add>"as convenient<lb/>"& proper:" but it does not <sic>admitt</sic> that any can<lb/> be <hi rend="underline">more</hi> so. Hard indeed then would it be, if while one<lb/> party, your Memorialist, were bound, the other party, <lb/> the public, whom your Lordships represent, should be altogether<lb/> free.</p> | ||
<p>Even had "<hi rend="underline">proper</hi>" been the only word, the conclusion <lb/> would have been still the same. On a spot which <hi rend="underline">was</hi> <lb/>not a proper one, a person standing in the relation of<lb/> your Memorialist, might find it physically impossible, <lb/> for him to carry into execution any engagement he might<lb/> enter into for the purpose. On a spot which <hi rend="underline">appeared</hi> to<lb/> him, a certain degree, not a proper one, it would be a<lb/> breach of probity as well as prudence to take upon him</ | <p>Even had "<hi rend="underline">proper</hi>" been the only word, the conclusion <lb/> would have been still the same. On a spot which <hi rend="underline">was</hi> <lb/>not a proper one, a person standing in the relation of<lb/> your Memorialist, might find it physically impossible, <lb/> for him to carry into execution any engagement he might<lb/> enter into for the purpose. On a spot which <hi rend="underline">appeared</hi> to<lb/> him, a certain degree, not a proper one, it would be a<lb/> breach of probity as well as prudence to take upon him<lb/><add>any</add> | ||
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Does the Act then put the choice on the spot in the
power of an individual, in the power of your Memorialist,
altogether? Does it give him a negative upon it in every
case? By no means. It gives him no negative, upon the
choice of that best of all spots, which has been chosen by
such high authority, and after such mature deliberation.
Convenient or inconvenient to him, you Lordships may
call upon him to take that or none. He has pronounced
it convenient, he is estopped from from calling it otherwise.
Could he, pointing to any new spot, say this would be
more convenient to me than the old one, therefore you
are bound to give it me instead? — No certainly, not
even were he able to shew that it would be still more
convenient and proper with reference to the public in every
point of view. The Act admitts that other spots may perhaps be found"as convenient
"& proper:" but it does not admitt that any can
be more so. Hard indeed then would it be, if while one
party, your Memorialist, were bound, the other party,
the public, whom your Lordships represent, should be altogether
free.
Even had "proper" been the only word, the conclusion
would have been still the same. On a spot which was
not a proper one, a person standing in the relation of
your Memorialist, might find it physically impossible,
for him to carry into execution any engagement he might
enter into for the purpose. On a spot which appeared to
him, a certain degree, not a proper one, it would be a
breach of probity as well as prudence to take upon him
any
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Identifier: | JB/118/119/004"JB/" can not be assigned to a declared number type with value 118. |
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27-28 |
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118 |
panopticon |
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119 |
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004 |
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copy/fair copy sheet |
4 |
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recto |
d25 / d26 / d27 / d28 |
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see note to letter 988, vol. 5 |
39173 |
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