date

14 June 1804 Procedure Ch.
14 June 1804

Procedure

Ch. Basis

[...?] 5. Rejective Causes

The interests of the wolf are not more plainly and irreconcilably /diametrically/ opposite to those of the sheep, than those of the professional lawyer /have every where been/ are to those of the suitor: and to expect that at the time when the several existing /many of the several established/ plans of inquiry as/are[?] the way of judicial procedure ever instituted and brought to those present from, the interest of the suitors should have been the real object is exactly such as expectation as would be formed if it ever supposed /were any one to suppose/ that the security of the sheep would be the first object in a law[?] of march[?] prescribed by wolves.

There stands the nature of the case, viewing /when viewed/considered/ a priori: viewed by the light of reason - reflected from the universally prevalent /dominant/ and universally known principles of nature, as [...fied?] by constant and universal experience. A very small share indeed of human reason applied to this subject, even this[?] among the subjects to which human reason is wont to apply itself - might have been sufficient to put the matter of doubt.

Consider the matter a posteriori - back into the facts - this /these/ general conclusion of reason will find its confirmation in every page of history: to discover the sheep has every where been the first object and the first occupation of the wolves.
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  • Title: [14 June 1804 Procedure Ch.]
    Description: 14 June 1804

    Procedure

    Ch. Basis

    [...?] 5. Rejective Causes

    At the time of laying the foundations of the system, had there been in existence any such character as the legislator, having justice for his object, understanding the route /track of inquiry/ by which it was to be pursued /when it was to be attained/ - a character /person/ [...parted?] /unlimited/ by any sinister interest, or of a [...?] of mind superior to rise to the temptation, the results might have been widely different. Unfortunately, at the [...?] in question to such character has any where been in existence. This system has in no instance been the work of statute law: it has in every instance been the work of jurisprudential law: that is of professional lawyers: of judges who having their profit to draw /extract/ from the juries of the suitors and having /being[?]/ the fortunes of the suitors lying at their mercy, [...?] /[...?]/ from their situation turn advantages which in the [...?] situation every other class of men would naturally have derived from it.

    In a word, the sheep having been every where without a shepherd, their fate /lot/ has been every where abandoned to /determined upon by/ the wolves.
  • Title: [14 June 1804 Procedure Ch.]
    Description: 14 June 1804

    Procedure

    Ch. Basis

    [...?] 5. Rejective Causes

    In this state of things, not a book /source/ upon the subject (and books upon the subject have been innumerable[?]) in which this mode of inquiry pursued in every country, and in every course of justice in every country (unless /overrated[?]/ here and there perhaps those who having little power were pressed and swallowed /trodden upon/ by those above who had[?] more[?]) has not been represented in the work of the purest probity guided by the most profoundest enlightened wisdom: in which the imperfections, if every case supposedly were the fault not of the [...?], but of the materials: and of the profession, but of human nature: not of lawyers thus /it had not/ is of the high and powerful classes /members/ among them but of suitors, with here and there a slight [...?] on the part of the subodrdinate classes - the inferior [...?] of the parties - the inferior offices of judicature.

    Wherein all this misrepresentation? a misrepresentation more gross and palpable than any of which an example /that has ever been exemplified/and at the same time more constant and unanimous/ is to be met with in the history of mankind. From this cause:- that every where, whatever description /view/delineation/ has been given of the state of the lawyer /law/, has [...?] a lawyer for the [...?] draughtsman. In so thick a cloud has the subject been enveloped by the ingenuity or absurdity, of men of law, or rather by both together for both tend /operate/ to the same end, that [...?] /no [...?]/ but a lawyer/s - not an eye that is not directed by professional interest, and distorted by professional prejudice, ever attempts to pierce into it.

    /In the better as de[...?] in the fall between the [...?] and the man, the advantage was clearly on the man's side. Surely? says the [...?] - because you men not [...?] [...?], have been the punishers[?]
  • Title: [[xxxvi. 175] 1822 Aug. 14 Constitut]
    Description: [xxxvi. 175]

    1822 Aug. 14

    Constitut. Code

    Supreme Operative

    Aristocracy

    Lords - worse than Wolves

    No advantage bearing reference to the greatest happiness of the greatest number - no

    such advantage - did man ever attempt to bring to view in the character of a reason for

    a House of Lords - for an assembly composed of members of the privileged order sitting

    by hereditary succession or for life

    Use /Service/ /Benefit/ to the Monarch yes: use /benefit/ to the Aristocracy, yes: to

    the /a/ Monarchy it gives stability: to the Aristocracy in all its parts profit by

    encrease of power profit by a share more or less considerable in the profit by /of/

    legalized depredation: the House will not let the King have /come in for/ a share,

    unless the King will let the House come in for a share

    As to the greatest number - as to the great body of the people greater would be the

    advantage to them if wolves in equal number or in a number by ever so much greater were

    imported from a wolf country and turned out loose into the country: the wolves would in

    process of time be shot /killed/, and for every wolf killed there would be a wolf skin

    which would be good for something: the Lords though each of them would do more mischief

    than many thousand wolves would not be killed, and if they were killed their skins would

    not be put to any use.

    If this be true for a man to propose a House of Lords is in other words to declare

    himself a corruptionist: to the title of Liberal no better

    pretensions has he than has the partizan of the most absolute Monarchy. The one is a

    declared enemy of the people: the other an undeclared one: audacity is the character of

    the one: imposition and treachery, of the other.