date

30 May 1805 Evidence Introd
30 May 1805

Evidence

Introd

Ch. False Ends. Judge

' 3. Opposition Mode

In whatsoever community expense to any considerable amount is factitiously attached, in the character of an indespensible condition, to the faculty of obtaining the end of justice, justice is in effect denied /refused/ to the great body of the people: say to none out of two /three out of four/; say to thirty men out of forty: say to ninety-nine out of a hundred: according to the relative quantum of this part of the expense: of the matter of wealth, of the means of subsistence, they have but a bare sufficiency for ordinary occasions; they have nothing at all for this extraordinary one.

In this way it is, that under the arrangement in question, it is the interest of the Judge to refuse his aid to deny justice to the great body of the people: in respect of those rights, the claim of which presents itself in a non-penal shape. It is seen already that to him by whom a faculty of adding without [...?] to the quantum of factitious expense is possessed, that power can never be wanting. We shall see hereafter in what particular way /by what particular contrivances/ that power has expressed /displayed/ itself: and at the same time in how high a degree that deplorable defect has accordingly /actually/ been produced.
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