date

14 August 1804 Procedure False
14 August 1804

Procedure

False ends

Points adverse

Expensiveness

1. Expensiveness: viz: in respect of that part /portion/ of the which goes in toto into the pocket of the man of law.

2. Expensiveness again: viz: in respect of all those parts of the expense - which to not themselves go into the pocket of the man of law, but are so contributed and -------, that the disbursement of them is necessary to the disbursement of those other parts which do go into the pocket of the man of law.

In respect of the above portion of the expense the interest is direct and manifest /obvious and indubitable/. Others there are in respect of which the interest is less clear and decided: the case being such that by a given /lot of/ expense, to an amount not susceptible to liquidation, a man gains or stands a chance of gaining in one way, what he loses or stands a chance of losing in another.

1. In regard to expenses which neither go into his own pocket nor are necessary to any others that do, upon a first view that lawyer is no gainer, after an ulterior view /----- ----- -----/ he is a loser. He is a loser, because the more a man is made to pay to other people /forced to expend in other ways/, the less he can afford to pay to lawyers.

In another way, this seemingly unprofitable /wasted/ expense is not altogether without its use to the man of law. The general principle and practice of imposing upon suitors factitious and unnecessary expense is sanctioned by it if the aggregate mass of factitious expense in particular share that goes into the pocket of the lawyers is covered by it.
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  • Title: [14 August 1804 Procedure Evils]
    Description: 14 August 1804

    Procedure

    Evils Cause

    Lawyers' interest

    dilatoriness

    2. Dilatoriness

    By delay, separately considered the separate interest of the man of law is not served /promoted/ but rather disserved. The quantity of ------- extractable out of a given cause being given, the lawyer ---- ----- of time over which that ------- is about to be spread, the less is its present value.

    But it /delay/ is the property (as will be seen) of delay /is naturally pregnant/ to give birth to incidents: incidents many of which not all will either naturally be, or will have been ------, productive each of its expence to the suitor, each of its profit to the man of law.

    Moreover whatever state of things is productive of factitious and unnecessary delay, will in other ways be found productive of unnecessary and factitious expence, that part in the profit of which the lawyer will never be without his share. And é conversó no improvement (for the extension of ------- improvements is in so far true) could operate in removal of the factitious and unnecessary delay, that would not operate (operate of course and unless measures can be taken on purpose to prevent such its operation) in reduction of the aggregate mass of factitious and unnecessary expense, that part which included in the shape of profit goes into the pocket of the man of law.
  • Title: [1820 May 31. Emancipation Spanish]
    Description: 1820 May 31.

    Emancipation Spanish

    '.4. Prelim y Considrat s. continued

    Retrenchment this the easiest

    This retrenchment (will it be said? by way of objection) the retrenchment will be to be made upon the official establishment - upon the army branch of it - upon the navy branch of it - at the expense of the functionaries at present belonging to these departments - and this in a form in which the sense of loss will come home to assignable individuals?

    My answer is this. To the maintainance of the dominion in question, the present establishment is in all its branches plainly inadequate for the purpose in question, an encrease and that a large one would be necessary. Forbear making the encrease. No man can say he is a loser - a sufferer - from a bare[?] forbearance to put money into his pocket - money which is not his due.

    Your army is at present very small - some parts of it if the public prints say true you have actually disbanded. In other parts, to the privates you have given permisson to quit the service.

    As to officers what you can do without giving cause of complaint to any one is - to forbear adding to the number This will go no small way towards prevention of encrease in the expenditure, this will go no small way.

    Hire of transports for conveyance of troops and stores - encrease of expenditure in these accounts you may forbear without giving cause of complaint or sense of suffering to any body.

    To the repair and building of ships of war - the same observation applies and with equal truth: so also to war and sea stores of all kinds

    On land you have now nothing to fear from France, you can never have had any thing to fear from Portugal, you can have nothing to fear from any body.

    Troops you have no need of any now to keep the people under subjection. Your government is not now like ours a military one.

    In National Guard in a [...?] people armed for their own defence and for no other purpose will be your chief dependence Troops of the line, a small body of them will be sufficient to form a school for the National guards, and a nucleus /standard/ to which, in case of war, they may be attached.
  • Title: [1819 May 18 Disfranchisement]
    Description: 1819 May 18

    Disfranchisement

    §.5. Evil 4 Encreasing Country Members

    7

    3

    For one common fruit of this common sinister interest take the case of that arrangement which is so dear to them the arrangement of Common Law i.e. Judge-made Law by which Landholders are to an unlimited extent, and without possibility of prevention enabled to prey upon all classes of community and in particular the class of tradesmen and shop keepers in the character of unpunishable swindlers. As a ground for his judgment whether to furnish his goods or no, all that a /the most prudent/ Shop keeper can possibly ascertain is whether for any considerable length of time the person by whom an order is given for goods has maintained the appearance which his house furniture, domestics and equipage if there be any exhibit, if to this appearance is added a title especially if it be a title of nobility certainty is thus rendered still more sure.

    Mean time the /those[?]/ members of the higher orders as they stile themselves have for any length of time been plunged into an abyss of debt, borrowing of A to pay B. or buying of A goods to raise money upon to pay B. with. When he does his heir goes unencumbered to his heir at law or other mixt Remainder-man /in remainder to the estate/: those who have lent him money and those who have sold him food, have to go to law with one another, and with their respective lawyers try to gain advantage over one another, for such share as they hope respectively to come in for in the produce of the sale to be made of the unconsumed remainder of his goods.

    This arrangement was made of old, not by Parliament /in the way of Statute law/ but in the way of Common Law: that is by lawyers, for the benefit in the first place of that aristocracy to which they belong and in which they find the largest part of their prey, in the next place of their own particular tribe, in virtue of that enormous and endless mass of litigation, and delay, expense and vexation disappointment, misery and despair of which it is one of the most productive sources.