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<p>8 May 1813 + <lb/><sic>Panopt.</sic> Compensation Claim <note>III Contract<lb/>§. 8</note><lb/>(3)</p> <p>What the precise ground was in which the <add>particular</add> sum in<lb/>practice viz. <del><gap/></del> £25, | <p>8 May 1813 + <lb/><sic>Panopt.</sic> Compensation Claim <note>III Contract<lb/>§. 8</note><lb/>(3) <note>Cowies case</note></p> <p>What the precise ground was in which the <add>particular</add> sum in<lb/>practice viz. <del><gap/></del> £25,00 was thought fit to be granted, appears<lb/>not upon the face of the Report above referred to, not upon the face of <!-- continues into margin --> any other papers, <add>document</add> that<lb/>I know of — not knowing<lb/>of any other document<lb/>relating to the subject<lb/>than as above. Thence<lb/><del>had for its effect</del><lb/>it is that my conception<lb/>of it is <del><gap/></del> <add>derived</add> as above<lb/><del>the cause was the</del><lb/><del>the</del> from no other source<lb/><del>act of a moment</del><lb/>than the <del><gap/></del> reported<lb/><del>the single act of Government</del><lb/>conversation of <sic>M<hi rend="superscript">r</hi></sic><lb/>Cowie.</p> <p>The circumstances in which the two cases agree have<lb/>been seen as above: in <add>all</add> other particulars it will be seen<lb/>how wide the difference is. <del>Thence the</del> <add><del>G</del> As to the effect, the effect produced in the way of</add> loss, <add><hi rend="underline">there</hi> it</add> was upon no more<lb/>than a single adventure: <del>time <gap/></del> <add> portion of time consumed</add> no more than a<lb/>few months. Had it not been for the collateral speculation,<lb/>for the success of which it was not <del>fit</del> <add>though fit</add> that Government, <del>which<lb/>had nothing to do with it</del> <add>having taken no part in it,</add> should be responsible, the loss, <del>being</del><lb/><add>that would otherwise have been sustained, being</add> made up to them, whatsoever means they had of carrying<lb/><del>on</del> <add>on</add> their business with advantage <add>would have</add> remained to them unimpaired.<lb/><hi rend="superscript">[+]1</hi> <note>I<lb/><hi rend="superscript">[+]1</hi> Then the loss <del>might</del><lb/><del>on a good ground<lb/>was</del> <add>could be</add> reckoned only<lb/>by thousands; here<lb/>by hundreds of thousands.</note> <hi rend="underline">There</hi> the effect <add>then</add> was — that transient loss. <!-- brackets in pencil --> [<del>the<lb/>source of that effect the act of <gap/>, a single act of<lb/>government.</del> <hi rend="underline">Here</hi> the effect has been — <add>viz.</add> to one individual,<lb/>and with very little exception to another, the <add><sic>compleat</sic></add> blasting<lb/>of the prospects of a whole life: and, besides those<lb/><del>other malefactions</del> <add>other <del>disappointment <gap/>less</del> disappointments,</add> which, for not being of a pecuniary<lb/>nature are not the less sensibly felt — <hi rend="superscript">[+]2</hi> <note><hi rend="superscript">[+]2</hi> (the loss of these<lb/><del>those <add>richest of all</add></del> <add>highest of all</add> rewards which<lb/>would have been<lb/><del><gap/></del> the inseparable<lb/>attendants are since<lb/>rendered upon <del>an</del> so<lb/><del>upon a scale of such</del> <add><del>an</del> extended a scale</add><lb/> <add>in so conspicuous a situation</add><lb/><del>extent</del> to the country<lb/>and to mankind)</note> the substituting<lb/>for a <del>course</del> <add>space</add> of twenty years to a course of prosperity<lb/>on the amplest scale, a state of <del>depression</del> comparative<lb/>penury, depression and <add><del><gap/>/<gap/></del> unalleviated</add> bitterness: — <hi rend="superscript">[+]3</hi> <note><hi rend="superscript">[+]3</hi> of the cup of life<lb/><del>no part</del> <add>no part left <sic>unpoisoned</sic></add> but the very<lb/>dregs, (and what<lb/>shall be the fate of that<lb/><del>that</del> <add>small remaining</add> part depends this<lb/><add>moment</add> upon the Arbitrators.<lb/><del><gap/> <gap/></del></note> <del>There the cause</del><lb/><add>So much for the effect. As to the cause, <hi rend="underline">there</hi> it</add> was <del>the</del> <add>an</add> act of the moment — one single act <add>of the hand</add> of government:<lb/>here the cause has been <del>the heavy hand of</del> <add><del> the <gap/> possessors/under <gap/></del></add><lb/><del>a <sic>burthen</sic> of afflictive weight kept pressing on</del> <add>a</add> <sic>burthen</sic> of <del>irresistible<lb/>power applied, having all that time</del> <add>discontinued <del>effect</del> and even now and then aggravated infliction,</add> to<lb/>the suffering individuals, by <del>the irresistible</del> <add>that irresistible </add> hand. <del>of government</del></p> <p><hi rend="underline">There</hi>, <del>the <gap/> of putting <add><gap/></add></del> though it was with<lb/>the individual that the application for compensation originated,<lb/>the placing it upon the ground of <hi rend="underline">right</hi> was by<lb/>that same individual <del>explicitly</del> <add>anxiously</add> disclaimed:<hi rend="superscript">+</hi> <note><hi rend="superscript">+</hi> <del>H. of Commons</del> <add>Vouchers No. 7</add> Report,<lb/><del>part</del>1 as above <add><del>of Committee</del></add> p11.<lb/>Chalmers & Cowies<lb/>Petition 21 <sic>Mar.</sic>1806</note> <hi rend="underline">here</hi>, the<lb/><del><gap/></del> <add>proposition</add> of compensation originated with government itself,<lb/>and, <add>in the <del>term of the statute</del> tenor of the Statute</add> the right of the individual is recognized in the<lb/>most explicit terms — "<hi rend="underline">whereas it is just and reasonable</hi> ...<lb/>that he should "<hi rend="underline">receive a liberal compensation</hi>" and so forth.</p> | ||
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8 May 1813 +
Panopt. Compensation Claim III Contract
§. 8
(3) Cowies case
What the precise ground was in which the particular sum in
practice viz. £25,00 was thought fit to be granted, appears
not upon the face of the Report above referred to, not upon the face of any other papers, document that
I know of — not knowing
of any other document
relating to the subject
than as above. Thence
had for its effect
it is that my conception
of it is derived as above
the cause was the
the from no other source
act of a moment
than the reported
the single act of Government
conversation of Mr
Cowie.
The circumstances in which the two cases agree have
been seen as above: in all other particulars it will be seen
how wide the difference is. Thence the G As to the effect, the effect produced in the way of loss, there it was upon no more
than a single adventure: time portion of time consumed no more than a
few months. Had it not been for the collateral speculation,
for the success of which it was not fit though fit that Government, which
had nothing to do with it having taken no part in it, should be responsible, the loss, being
that would otherwise have been sustained, being made up to them, whatsoever means they had of carrying
on on their business with advantage would have remained to them unimpaired.
[+]1 I
[+]1 Then the loss might
on a good ground
was could be reckoned only
by thousands; here
by hundreds of thousands. There the effect then was — that transient loss. [the
source of that effect the act of , a single act of
government. Here the effect has been — viz. to one individual,
and with very little exception to another, the compleat blasting
of the prospects of a whole life: and, besides those
other malefactions other disappointment less disappointments, which, for not being of a pecuniary
nature are not the less sensibly felt — [+]2 [+]2 (the loss of these
those richest of all highest of all rewards which
would have been
the inseparable
attendants are since
rendered upon an so
upon a scale of such an extended a scale
in so conspicuous a situation
extent to the country
and to mankind) the substituting
for a course space of twenty years to a course of prosperity
on the amplest scale, a state of depression comparative
penury, depression and / unalleviated bitterness: — [+]3 [+]3 of the cup of life
no part no part left unpoisoned but the very
dregs, (and what
shall be the fate of that
that small remaining part depends this
moment upon the Arbitrators.
There the cause
So much for the effect. As to the cause, there it was the an act of the moment — one single act of the hand of government:
here the cause has been the heavy hand of the possessors/under
a burthen of afflictive weight kept pressing on a burthen of irresistible
power applied, having all that time discontinued effect and even now and then aggravated infliction, to
the suffering individuals, by the irresistible that irresistible hand. of government
There, the of putting though it was with
the individual that the application for compensation originated,
the placing it upon the ground of right was by
that same individual explicitly anxiously disclaimed:+ + H. of Commons Vouchers No. 7 Report,
part1 as above of Committee p11.
Chalmers & Cowies
Petition 21 Mar.1806 here, the
proposition of compensation originated with government itself,
and, in the term of the statute tenor of the Statute the right of the individual is recognized in the
most explicit terms — "whereas it is just and reasonable ...
that he should "receive a liberal compensation" and so forth.
Identifier: | JB/122/425/001"JB/" can not be assigned to a declared number type with value 122. |
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1813-05-8 |
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122 |
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425 |
Panopt. Compensation Claim |
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001 |
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