date

10 June 1804 G Procedure (1
10 June 1804

G

Procedure (1)

Ch.[?] Basis

'.7. domestic

Ch..[...?] '.

How many are the lessons - the instructive lessons - the instructive lessons - which the moralist and the politician /legislator/ would find and [...?] submitt to it might take if the naturalist! The naturalist duly sensible of the imperfection of this[?] own best arrangements - the least imperfect he can make[?] looks out with anxious eye for the invaluable /pretious/ outlines that have been drawn by the hand of nature.

The arrangement of which the principal outline has here been already traced - the arrangement of which the advantages have been thus displayed - the arrangement which in respect of those advantages has been given as the only one capable /applicable/ with any tolerable hope of success of being made to answer[?] the purposes of justice what is there in it that is extraordinary or new? What else is it than but the very mode of enquiry the very arrangement, which in the bosom of every family, is continually taken /pursued/ by every master of a family, as often as ocasion calls for it? In a word - that course of procedure which is here exhibited as the only natural as well as proper course, that ever has been or ever can be pursued by any political tribunal, that ever acted or ever can act under the name of a Court of Justice, what is it but that same course of procedure which is actually pursued on that domestic tribunal which Nature has planted /established/ in the bosom of every private family, and which men of law with all their interest [sic] positive law, [...?] any where to destroy /destroy have[?] never been able to overthrow? every where left [...?]?/ altogether the [...?] work of nature, has confirmed? Here at least - in this humble asylum[?] /neglected corner/ [...?] finds protection against the inroads of false science: here at least he who has the inclination /the magistrate who wishes to do justice/ finds[?] it still possible for him to administer justice sees no artificial rate by which it is rendered impossible for him to /that renders it impossible elaborately framed[?] //contrived// to/ do justice. No embargo and prohibition put upon the best evidence: nothing to prevent him from extractng it in the best - the most trustworthy and satisfactory [...?]: nothing to hinder him from extracting from the testimony one witness lights[?] for the discovery of another. No obligation /necessity/ if deciding upon any business till his researches have led him tp the bottom of it. No obligation to turn off the enquiry by delays without limit, and without cause.
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  • Title: [12 June 1804 Procedure (2)]
    Description: 12 June 1804

    Procedure (2)

    Basis

    Domestic

    Evert family is an empire in miniature. No family in which occasion may not arise for exercising powers of judicature: No family in which occasion does /may/ not here[?] and /now and then/ arise, at one time for concerning transgressions against the advice of the chief, at another time for settling disputes between /among/ the subordinate members. Functions the same in kind, distinguished only in respect of the extent of their operation /of the ground on which they operate/, from those of judicature, are in the bosom of every family in daily exercise.

    The arrangement above brought to view under the name of the fundamental arrangement of judicial procedure, accordingly is no other than that which naturally being presented by the common use of mankind and of course takes place in the bosom of every private family, as often as the importance of the occasion is such as appears to call for it /warrant it/: as often as the importance of the point thus to be ascertained, is sufficient to counteract the vexation attendant on an examination so conducted - the wound given to the feelings of the persons /individuals/ thus brought into collision with each other in the character of adverse witnesses or contending parties or /and/ adverse witnesses. To no man acting in the character of a Judge, to no man in or out of a family would it occurr to omitt these /voluntarily to these various[?]/ most obvious and efficient securities for trustworthiness in[?] the evidence, if he were /supposing him to be/ sincere and anxious in his wishes to do justice. What if temerity or want of anxiety or want of sincerity - in these [...?] deficiencies are /may/ accordingly be traced, and in the most conspicuous characters, the causes of all those endless deviations by which the infinitely diversified paths /course/ of technical procedure are distinguished from this only natural one.
  • Title: [26 Jan y 1805 Evidence Securities]
    Description: 26 Jan y 1805

    Evidence

    Securities

    Ch. Common feature

    By a /the/ fundamental and initial arrangement thus described /of this sort/ the very arrangement which took place of course from the beginning of things, in the domestic tribunal of every private family, and which in the same tribunal as well as every other in which the proper ends of justice are the ends really in view will continue to be observed as long as man is man, the purposes of honest suitors on both sides, the purposes of natural, genuine, substantial justice are compleatly answered, every purpose answered, but that of the sinister interest of the man of law. Accordingly in both systems, and in both with almost compleat success, it has been his object to exclude it.

    Had it to the last continued to be in his power to exclude it altogether, the distinction I am about to make and the terms which serve for the expression of it would have had no place. This power has not been compleatly commensurate to his interests and his endeavours; and to this /the/ deficiency the involved[?] world is indebted for the distinction between regular and summary procedure. Regular is the inlogistic[?] epithet bestowed on that branch of the system in which the [...?] of it have continued to succeed in their endeavours to exclude form it /each cause/ the less lights the most obvious and most essential principle of justice

    Summary is the dyslogistic /opposite/ epithet by which they have [...?] the only mode of procedure that is either conductive or bonâ fide /really/ directed to the professed and pretended object /end/: summary, as who should say imperfect, hasty: a mode in which that term and this means have not all of them been employed which would have been necessary to enable the Judge to administer the best, compleatest, purest kind of justice.
  • Title: [10 June 1804 H Procedure (1]
    Description: 10 June 1804

    H

    Procedure (1)

    Ch Basis

    '.8. Turkish

     After Ch[?] [...?] on domestic Tribunal

    Of Turkish judicature /justice/.

    A Turkish Court of Justice, and to speak more generally, a Court of justice proceeding according to the mode of procedure in use in Mahometan Countires, may be considered as little more than the domestic tribunal, furnished only with more extensive powers. A mode of procedure having no technical rules to fetter it, adopts of course the fundmental arrangement here distinguished as the only just and natural one. It convenes[?] the parties /litigants/ in the first instance, and brings them face to face.

    Yet Turkish judicature is bad enough: worse probably than the worst of European judicature: - Why? because the natural /this findamental/ arrangement though it will do much, will not do every thing: though no judicature can be good without it, yet without other securities, it is not sufficient to institute good judicature. It will not of itself institute a good public. It will not supply the want of a written rule of action - a body of statute law pointing out every thing that is to be done or not by all suitors. It will not constitute a good public: it will not render the Judge dependent on the preappointed rules of positive law, and unless it be the law of public opinion, independent of every thing else. Though his probity be ever so pure though his zeal abd oublic spirit /public spirit and love of justice/ be ever so sollictous and active, it will not furnish his mind with that prodigious stock of apposite and instructive information, which it requires ages to accumulate - the histories of the judicial transactions in individual causes, [...?] down by reporters, and methodized by institutionalists and abridgers. It will not: but no art /skill/ can avail for compressing into a single paragraph the substance of a whole work.