date

5 June 1805 Evidence Introd
5 June 1805

Evidence

Introd.

Procedure Natural

The inquiry is now ripe, it may be thought for bringing to view the leading feature say the habitual system at least of the natural system to which the principle of corruption as above explained might have been expected to give birth; call it already for detentions sake, the behavioural system. But first let us /it will be necessary/ to bring to view the correspondent fiction of that very different system (call it the natural system) which [...?] had it not been for the vocation so offered him would have [...?] /produced/ may have produced whensoever his operations have not received disturbance from the overbearing influence of that extraneous and disastrous cause. The course taken, under the [...?] of sinister interest, and in pursuant of the sinister and, being in abberation from the true cause, the course that should have been pursued for the attainment of the legitimate ends of procedure, to shew /work out/ the abberation and shew that it is such and on what degree, we must first work out the standard, the straight course, from and with reference to which the other is an abberation or departure /or deviation/.
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    Description: 9 June 1805

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    Cha. Of the natural system of Procedure.

    Recapitulation [and method.]

    We have now been seeing that the existing systems of procedure have nowhere had the legislature for their author, have everywhere been the work of the judge - have no where been drawn up [...?] [...?] in a regular plan suggested /dictated/ by a steady and comprehensive view of the ends of justice - have every where been developed inch by inch, as occasion happened to serve.

    We have now been seeing in what mode the workman occupied about this work was paid, and in what way he derived from that work a sinister interest, opposite in every point to the interest of those on whose behalf he was employed.

    We have seen, that in so far as he [...?] /yielded to/ the sinister injustice given to the hand /mind/ by that sinister interest, or

    We have seen in what perfect liberty he was left to follow the bait /in what compleat liberty[?] he was enabled to yield/ of that sinister interest, enabled by the plentitude of the power with which he acted, and the rediness, blessedness /ignorance, [...?]/, and hopelessness of the times in which he [...?] /[...?]/ it.

    The enquiry is now nearly ripe for the passing /transition/ from reasoning to matter of fact, from the theory to practice, from the primaeval to the present state of things. It is now nearly ripe for observing whether the crop produced has born or has not born confirmable to the seed; whether from the times which the hand of the unclean spirit has been seen sawing in this field, times have accordingly been produced, as the history course must persuade us or wheat instead of tares.
  • Title: [18 June 1805 Evidence Introd]
    Description: 18 June 1805

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    ''.7. Writing abused

    Among the essential points of the technical system one that we have seen is the abuse of the art of writing. On this head a distinction requires to be made: for in the instance /regard to/ of this master art, on this as on so many other grounds, thin and delicate /slight/ are the particulars by which the abuse is divided from the use.

    The purposes /occasions/ the application of it to which comes under the head of use will be spoken of at large in the body of this work. + These are the registration of the few operations and instruments for which the natural system produces in the several cases a genuine demand: and where the expence is warranted by the importance of the cause or by the anxiety of the party who is willing to defray it, the registration of the evidence. meaning by evidence such information, whether it came from the parties, or from extraneous witnesses, such information for the truth /correctness/ of which such securities as are requisite, and as such are afforded by the natural system of procedure, are /have been/ applied.

    The abuse consists in the fabricating and registration of such /these/ /whatever/ useless instruments and operations and instruments as the technical system may have happened to superadd or substitute to the few that would be called for and exhibited under the natural system: together with such information true or false but for the verity of which no security is employed /applied/, such information true or false, as both parties either /purely/ from the obligation inferred[?] upon them by the regulation of the system, partly from /by/ the sinister policy of that one of the parties who is conscious of being in the wrong, have been led to furnish /exhibit/.

    Under the natural system whatever[?] writing is employed about the evidence succeeds /follows/ /comes after/ oral delivery of the testimony. and in neither more nor less than that testimony itself consigned to their [...?] under the technical system it either precedes /comes between or is substituted/ and is super[?] - [...?] [...?] added to the oral testimony, it also is substituted to it.

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  • Title: [24 March 1805 Evidence Securities]
    Description: 24 March 1805

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    ''.2.

    Turning now /If now we turn/ to the groupe of established systems /established systems of judicial procedure/, a prospect of a very different appearance /complection/ will rise to view: deviations, not limited to two in number, and neither recurred[?] to without sufficient /[...?]/ /manifest/ and /as well as/ necessary cause, neither deviation less reconcilable them the very straightest course, to the aggregate of the ends of justice, deviations not thus few not thus necessary - but infinite in number, infinite in complication and agreeing on nothing but their opposition to every one of the ends of justice.

    To distinguish from what is regarded as conformable to the course of nature to natural conceptions what is regarded as inconformable to it /their standard/, the word technical is in established use. Techno[?] is in the original french the word for art /[...?]/, inhuman[?], and, if the art be regarded as directed to an improper end, artifice. In natural history, a technical classification is opposed to a natural one, is under the purpose[?] of over-ruling necessity, the work of human /honest/ weakness, striving to lift up the veil of mystery spread by nature over her works /mysterious difficulty spread over the works of nature as if to cover her designs/. In jurisprudence more particularly in English jurisprudence every arrangement to which the word technical has ever been applied will be found to be the work originally of dishonest artifice, labouring in a distrust of its own creation in pursuit of its own sinister ends, repugnant /set up in opposition/ to the only legitimate ends of judicature, the ends of justice. The deviation, palpable as it is, from the ends /dictates/ of justice, is printed out /written in the plainest characters/ by the hand of nature, will of itself, to such a degree as is palpable, be but too conclusive evidence of the establishment /setting up/ of a sinister end in which the prospect /pursuit/ of the general plan of these deviations had its use. This sinister end is profit /will be found to be throughout the same/, in all its various shapes, money, consideration, power, but above all money to the contrivers and constructors of the system, in all their various capacities.