14 June 1804

Procedure

Ch. Basis

[...?] 5. Rejective Causes

It /Thus/ has thus been every body's occupation to confirm the misrepresentation: to thicken the delusion: it has been nobody's to dispell it. To confute them, it would be necessary for a man to understand the subject: at least to labour /endeavour/ to understand it. to be acquainted with the turnings and windings of the edifice /structure and contrivance of the fabric/case/. The edifice /structure/ is or rather might have been a visible[?] one: but so bespoiled and infected is it be the filth accumulated in it by the architect and the [...?], that no man who does act hopes to [be?] paid for it, and paid largely, can endure his case in it.

No description therefore is to be found of it - no nor [...?] the slightest stetch of the manifest outskirts, that is not [...?] in terms of the most extravagent /exulted/ panygeric. All voices being in this same [...?] - all voices on one side /not a single one with[?] opposite this/- what but universal delusion can be the consequence /result/? not a man but swallows the fusion /[...?]/ not a man but what imbibes it almost with his mother's milk. Thus happily has the work /the [...?] work/ of fraud, absurdly and prejudice and absurdity been seconded by the nature of things. [...?] [...?] /ought to/ profit from his own wrong is amongst the swarm of maximums which they are constantly employed in [...?], and as constantly employed on [...?]. No mass of wrong so enormous /gigantic/ as the mass which has /is/ thus been accumulating under their hands: no profit at once so enormous /vast/copious and so psteady/ and so secure as the [...?] which they are constantly drawing from that source. The more enormous the [...?] the more impregnable - every day adds to the enormity of it /this mass/. Every day adds to the difficulty /its stability/ or rather impossibility of attempting to ease mankind of every considerable part of the load. /the [...?] with any purpose of [...?] /[...?]/

"[...?]" says the French poet, speaking of the pyramids. But how [...?] the task thus conferred /given/ upon the universal destroyer, in compassion of what it would have been, but the pyramids being [...?] with the power of [...?]! In jurisprudence, every heap of rubbish and [...?] at every abuse? is the fruitful parent of a hundred more.
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    Description: 1821. Aug. 6

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    produced by it: produced by it, even without any exertion, much more if with and by

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  • Title: [30 Aug. 1812 Evidence Introd]
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    The object has been to raise up /erect/ an impenetrable fortress within which the work of profitable mischief might be carried on wih /in/ security. With the admixture of useful sense in the smallest generality this would serve for giving colour to the whole mass, - folly, nonsense, and lies were the materials and the instruments employed in the creation of it of these, under the name of fictions the principal source was rendered by lies: each lie having effected the particular object, got in the money or power for which it was officialy employed, served afterwards in the character of nonsense, to thicken the walls of the edifice and render it more and more impenetrable to every untrained eye.

    In this way, while the mass of discourse of which the sort of rule of rule of [...?] thus estimated, was rendered more and more unfit for every generally useful purpose, more and more condusive to the private and sinister purpose of its authors, not onlyof power and profit, but reputation likewise. To any public and honest purpose it could not be useful any further than it was understood; to the purpose of the authors such was their felicity, it became useful in jproportion as it was incapable of being understood. To be in the most perfect manner subservient to its public purpose, it would by every body be understood without effort and constantly returned and borne in mind. But in that case, being upon the footing of common conversation, it could not have been the subject matter of any thing that is called science.
  • 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[?]