Let no consideration deter us from pleading our own cause temperately but firmly, and we shall certainly receive a favourable audience. Even our acquisition of a little wealth, which might abate our courage on other occasions, should invigorate us to unanimous perseverance at the present crisis, when the very source of our national prosperity is directly, though unwittingly, struck at. Our plaids are, I trust, not yet sunk into Jewish gaberdines, to be wantonly spit upon; nor are we yet bound to 'receive the insult with a patient shrug.' But exertion is now demanded on other accounts than those of mere honourable punctilio. Misers themselves will struggle in defence of their property, though tolerant of all aggressions by which that is not threatened. Avarice herself, however mean-spirited, will rouse to defend the wealth she possesses, and preserve the means of gaining more. Scotland is now called upon to rally in defence of the sources of her national improvement, and the means of increasing it; upon which, as none are so much concerned in the subject, none can be such competent judges as Scotsmen themselves.
I cannot believe so generous a people as the English, so wise an administration as the present, will disregard our humble remonstrances, merely because they are made in the form of peaceful entreaty, and not secundum perfervidum ingenium Scotorum, with 'durk and pistol at our belt.' It would be a dangerous lesson to teach the empire at large, that threats can extort what is not yielded to reasonable and respectful remonstrance.
But this is not all. The principle of 'uniformity of laws,' if not manfully withstood, may have other blessings in store for us. Suppose, that when finished with blistering Scotland when in perfect health, England should find time and courage to withdraw the veil from the deep cancer which is gnawing her own bowels, and make an attempt to stop the fatal progress of her poor-rates. Some system or other must be proposed in its place—a grinding one it must be, for it is not an evil to be cured by palliatives. Suppose the English, for uniformity's sake, insist that Scotland, which is at present free from this foul and shameful disorder, should nevertheless be included in the severe treatment which the disease demands, how would the landholders of Scotland like to undergo the scalpel and cautery, merely because England requires to be scarified?
Or again;—Supposing England should take a fancy to impart to us her sanguinary criminal code, which, too cruel to be carried into effect, gives every wretch that is condemned a chance of one to twelve that he shall not be executed, and so turns the law into a lottery—would this be an agreeable boon to North Britain?
Once more;—What if the English ministers should feel disposed to extend to us their equitable system of process respecting civil debt, which divides the advantages so admirably betwixt debtor and creditor—That equal dispensation of justice, which provides that an imprisoned debtor, if a rogue, may remain in undisturbed possession of a great landed estate, and enjoy in a jail all the luxuries of Sardanapalus, while the wretch to whom he owes money is starving; and that, to balance the matter, a creditor, if cruel, may detain a debtor in prison for a lifetime, and make, as the established phrase goes, dice of his bones—would this admirable reciprocity of privilege, indulged alternately to knave and tyrant, please Saunders better than his own humane action of Cessio, and his equitable process of Adjudication?
I will not insist further on such topics, for I daresay that these apparent enormities in principle are, in England where they have operation, modified and corrected in practice by circumstances unknown to me; so that, in passing judgment on them, I may myself fall into the error I deprecate, of judging of foreign laws without being aware of all the premisses. Neither do I mean that we should struggle with illiberality against any improvements which can be borrowed from English principle. I would only desire that such ameliorations were adopted, not merely because they are English, but because they are suited to be assimilated with the laws of Scotland, and lead, in short, to her evident utility; and this on the principle, that in transplanting a tree, little attention need be paid to the character of the climate and soil from which it is brought, although the greatest care must be taken that those of the situation to which it is transplanted are fitted to receive it. It would be no reason for planting mulberry-trees in Scotland, that they luxuriate in the south of England. There is sense in the old proverb, 'Ilk land has its ain lauch.'
In the present case, it is impossible to believe the extension of these restrictions to Scotland can be for the evident utility of the country, which has prospered so long and so uniformly under directly the contrary system.
It is very probable I may be deemed illiberal in all this reasoning; but if to look for information to practical results, rather than to theoretical principles, and to argue from the effect of the experience of a century, rather than the deductions of a modern hypothesis, be illiberal, I must sit down content with a censure, which will include wiser men than I. The philosophical tailors of Laputa, who wrought by mathematical calculation, had, no doubt, a supreme contempt for those humble fashioners who went to work by measuring the person of their customer; but Gulliver tells us, that the worst clothes he ever wore, were constructed upon abstract principles; and truly, I think, we have seen some laws, and may see more, not much better adapted to existing circumstances, than the Captain's philosophical uniform to his actual person.
It is true, that every wise statesman keeps sound and general political principles in his eye, as the pilot looks upon his compass to discover his true course. But this true course cannot always be followed out straight and diametrically; it must be altered from time to time, nay sometimes apparently abandoned, on account of shoals, breakers, and headlands, not to mention contrary winds. The same obstacles occur to the course of the statesman. The point at which he aims may be important, the principle on which he steers may be just; yet the obstacles arising from rooted prejudices, from intemperate passions, from ancient practices, from a different character of people, from varieties in climate and soil, may cause a direct movement upon his ultimate object to be attended with distress to individuals, and loss to the community, which no good man would wish to occasion, and with dangers which no wise man would voluntarily choose to encounter.
Although I think the Chancellor of the Exchequer has been rather precipitate in the decided opinion which he is represented to have expressed on this occasion, I am far from entertaining the slightest disrespect for the right honourable gentleman. 'I hear as good exclamation upon him as on any man in Messina, and though I am but a poor man, I am glad to hear it.' But a decided attachment to abstract principle, and to a spirit of generalising, is—like a rash rider on a headstrong horse—very apt to run foul of local obstacles, which might have been avoided by a more deliberate career, where the nature of the ground had been previously considered.