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12 June 1805
Evidence
Introd
Ch. Procedure Natural
'. [...?] Object n to [...?]
''. Objections to simultaneous personal appearance, in [...?], [...?] Judice[?].
In government, no arrangement that has not its inconveniences - none therefore that is not exposed to objections, which /that/, conclusive or inconclusive may be, are at least as far as they extend, well-grounded ones.
To the arrangement here in question, the following objection will be found the most plausible, as well as the most obvious. As far as they go, they have their weight: but might well be seen to be weight is but as a feather[?], when compared with the /those/ weights on the opposite scale.
1. What a vexation what a hardship! to an honest man, to be forced into a Court of Justice, kept there for any length of time, at the call of any dishonest man, and over and over again at the call of any number of dishonest men!
Answer 1. Be this as it may, this is no more than what in the character of a witness every man is exposed[?] to, ever has been, and ever will and must be. Which is the greatest hardship to a man? to suffer this /to bestow this labour/ about his own business, or to bestow the same labour about what is not his business?
2. Besides the vexation of months or years, to the two parties, by the simultaneous attendance of those two persons for a small part of a single day, the attendance of any number of persons in the character of witnesses may be saved - and this will be the case much oftener than otherwise. +
3. In any country labouring under the oppression /burthen/ of the technical system of procedure Where on the occasion of a suit at law, the subject of the vexation attached to personal attendance on the instance of either party, is started, the quantity /quantum/ of vexation that will be apt to present itself to the mind will naturally be the amount of that which the professional assistants of that party are obliged /undergo/ to bestow at present /and for which they are paid accordingly/. But the fact /truth/ is, that in all ordinary cases, the necessity for such attendance is, as to all but a trifling /comparatively inconsiderable/ portion of it, factitious; is created by the substitution of the technical system to the natural, and under the natural would have no existence: is created by the non-attendance of the parties, and therefore would not be created by /exist in case of/ their attendance.
+ In[?]
Similar Items
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Title: [12 June 1805 Evidence Introd]Description: 12 June 1805 Evidence Introd Ch. Procedure Natural ''. Confrontation. Objection to [...?] In England, though in point of aggregate pecuniary value, absolute value, the number of instances in which personal attendance o parties does take place is /may perhaps be/ inconsiderable, yet in point of number of causes, and thence relative /aggregative/ value, it would probably be found in a considerable degree the greater. + 5. As to the case where vexation in this shape (as supposed) is encreased to an indefinite extent by the /an indefinite/ multitude of persons joining, conforming /confederating/, for the purpose of producing it, and without cause under every system, technical or /as well as/ natural, more will be exposed to the afflicted[?] in this way, and without [...?] of redress /powers of prevention - satisfaction/ if no adequate means of prevention nor any adequate means of satisfaction are provided in relation to it. But as under the technical system it is not forgotten /not left without provision[?]/, still less would it under the natural. Under the natural in the form here proposed, not one of the whole number of supposed conspirators /no single person in the character of plaintiff/ even attempt to inform[?] the defendant to his inconvenience /reaction/, without presenting himself /his [...?]/ ready to be subjected to the obligation /burthen/ of punishment or that of satisfaction or both in case of any misconduct on the part in relation to it: under the technical system, any number of conspirators may [...?] in imposing this burthen upon the individual marked out as the object of their opposition, every one /each of them/ without injured person subjecting himself to any such inconvenience or risk. Under the natural system no such person can in the character of plaintiff take his chance for subjecting a man to any such vexation in the character of defendant, without having previously (not only previously subjected himself to the like vexation (which to him may perhaps be no hardship, though a previous one to the opposite side) but subjected himself to examination as to the cause and real demand for the imposition of the burthen, and thence to punishment as for perjury in case of mendacity in relation to such demand. Under the technical system no such security is afforded. (a) + In Ch. Summary. (a) In the English system at least, except in particular cases.
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Title: [17 June 1805 Evidence Introd]Description: 17 June 1805 Evidence Introd Ch. Procedure Natural ''. Confrontation Object n to [...?] 4. Personal attendance is under every existing system of procedure, i.e. in every nation more or less in use, and no where has it been felt as a hardship, or complained of as a grievance. 5. The mass of cases in which it is in use is every where composed principally of those in which the [...?] at stake has /is/ been least considerable: viz: those which are relinquished to what is called summary procedure. + Whatever then may be the degree of hardship attached to personal attendance, in which sort /class/ of cases is it most worthily bestowed? upon cases of the lightest importance or upon cases of the gravest importance? - If it were a grievance to a man to be obliged to attend part of a morning for an affair of ,10,000 how much greater would it be to be bound to an attendance of the same length for an affair of 10? + Infra. Summary.
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Title: [3 June 1804 Procedure. A3 Evidence]Description: 3 June 1804 Procedure. A3 Evidence Ch. Basis In this arrangement may be seen, where may be termed /considered as/ the fundamentakl chord in the whole system of procedure /harmony/: it will communicate its cast and colour to all the other arrangements all those others, whither they precede or follow it, will require to be measured /adopted/ and turned /as it were [att...?]/ to it: whither they precede or follow it. A system of procedure of which this is the basis, may altogether /in the arrangement/ be stated a natural one:- the natural one, for there is but one /no other/there are no more/ for the [...?] of possibility contain no other /furnish not another/: all the others, in endless variety variety[?] of many in contradistinction to them be lumped together under the common name of technical ones. /faced/framed[?] in one part - variety of wretchedness on the other -/ [...?]: which in the dictionary of the English men of law /lawyers/, means /is synonymous to/ ingenious, scientific, wise: in the dictionary of the man of common sense, dishonest and absurd and mischievous /pernicious/: absurd in itself, dishonest in its cause, mischievous in its consequences.
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