059-347.xml

Title: [13 June 1804 Procedure (7)]

Description: 13 June 1804

Procedure (7)

Ch. Basis

Domestic

The degree of absurdity is not a matter of mere /simple/ indifference to those who profit by it. In /Here/ as in religion, the stronger the dose of absurdity swallowed, thr stronger the proof of the ascendancy gained by the quack at whose insistence it is swallowed /imposter by whose influence men have been brought to swallow it/. In divinity the more absurd /striking to common sense/ the limit, the warmer the attachment of its partizans, but more especially of the chiefs. Why? because the greater the sacrifice, the stronger the devotion to the chief through whose influence it was madee /the more convincing the proof of the strength of the influence through which it was made/: the more absurd /[...?] the more mischievous //pernicious/ the opinion or the practice which a man can bring himself in his youth to view without disapprobation, the stronger the pledge given of his acquiescence in all future time. He who submitts quietly to the grosser imposition, will not be troublesome in his resistance to the less[?]. Upon his shoulders /conscience// understanding/ - upon whatever part of a man the /a/ burthen is imposed the heavier it is [...?] bearing it without [...?] /[...?]/ the more satisfactory the security given for /assurance of/ his submitting with the same resignation to all other burthens if higher pressure. If so long as man bear this /Absurdity, fraud, oppression - whatever it be/, what is there that they will not bear? Men have borne thus much, what should hinder their bearing it to the end /as for evermore/. Let us therefore single out the most flagrant /palpable //undisguisable/ absurdities, the grosser frauds - let us rally- /flock-/ round them and defend them to the last gasp. Let is continue to exhibit /[...?] //as the essence/ as for the essentials /essential features/ of justice, the abuses that are most noxious to it. /+The [...?] the trial, the more decisions the result. The [...?] [...?] has his appropriate /peculiar/ virtue, the law student the Englishman in relation to the tribe of lawyers in his country, another [...?]. The trial of the [...?] [...?] as the [...?] he is capable of enduring without a [...?]. The trial of the British subject consists in the quantity and degree of the fraud and the absurdity and fraud he can swallow without repugnance, when administered to him by the hand of a lawyer, taking it at the same time /all the while/ for probity and wisdom./ Let us continue to maintain, that laws are salutary in proportion as they are unintelligible: that procedure is conducive to justice in proportion as it is vexatious, delatory and expensive: /+That so long as money is to be gained by a [...?] /[...?] [...?]/ an[?] offices of justice should never be tired of writing /telling/ it. that so long as money is to be gained by a [...?] lawyer for scribbling [...?] /suplusage/ an upright Judge will never cease to insist on is being scribbled.

/+Let us call falshood fiction, and make it the basis of all justice:/

091-046.xml

Title: [5 June 1804 Evidence Scotch Reform]

Description: 5 June 1804

Evidence Scotch Reform

Ch. Power[?]

'.5 [...?] [...?]

convertible. To give birth to that portion of expence which to him was so much profit, it became necessary to him, to give birth not enter to a great deal more expence which produced to him no profit /not any profit/, but abundance of other mischief - vexation to a variety of other individuals in a variety of other shpaes /other individuals in various classes/ - vexation, delay, and thence impunity to delinquents /direct injustice/ loss of right to the [...?] and the injured:- mischief which in chief was of no use to him, nor would have been produced but that without abundance of mischief really of use to him could not have been produced. An [...?] of dishonest defendant excepted delay of itself was of no use to any body: but out of the bosom of delay cam fresh incidents; from fresh incidents fresh pretences for scribbling, fresh scribbling, fresh operators of various kinds, and fresh faces[?] Taken[?] by itself, the mere refusal to hear the parties, was worth as many to the Judge or to any of his retainers: but from this use /useless/ circumstance flowed a multitue of useful mischiefs. From the vexation thus put upon the most instructive lights, comes a nultitude of profitable misconceptions and mistakes[?]. That the parties met in the first instance in the presence of the Judge, the /this/ first day of the cause might [...?] [...?] have been the last. Explanation being prevented, the cause like a neglected fever, ran in its course. The two best if not only witnesses being thus shut out others if haply[?] they wat to be had - others in greater numbers became /were/ necessary to supply their plan. The two persons in the world who could have spoken must to the [...?] not being suffered to speak, others who but for [...?] from them[?] knew nothing about the other /were strangers to the fact were to be set /employed/ to write: the most if not only pertinent descriptions that the subjects /which the business/ admitted of being forbidden /[...?]/, Others descriptions, some by word of mouth, some were in writing, description abounding in falsified and for the most part useless, were to be barred[?] in a quantity of places, by men who knew little about the matter and cared less.

/+For the [...?] packing[?] that could be got out of him many a suitor was thus and still is [...?] be [...?] rising as [...?] in truth Animals[?] are conveyed to slaughter for their hides.

JB_094_467v.xml

Title: [[094-467v] 17 Apr. 1807 51]

Description: [094-467v]

17 Apr. 1807

51[?]

Letter V

II. Proper Remedies

V. Remedies

Conscious of the disease created by the industry of their predecessors and kept up by their own - intimately acquainted with the disease, intimately acquainted with its cause - it is equally impossible to those physicians of the body politic to avoid being equally acquainted with the remedy.

I should have said the remedies; for the disease, according to its symptoms /to the circumstances/, requires two different ones.

In the case of the solvent - the thrifty and calculating pupil of the partnership - do away his profit: force him to refund, and with an adequate addition whatsoever he has made -  Then shall[?] faciendisa[?] on appeal: stop not execution. This applicable to solvent & insolvent birth[?].

In the case insolvent - the prodigal pupil of the partnership - at the very outset of the suit, let it be the care /duty/ of the Judge, at the instance of the plaintiff to arrest /stop dissipation[?]/ him[?] in in its course. /In a civil case/ This is a civil case is the use - thus the only use - of provisional arrestation: the prisoner conducted in the first instance /for examination unto/ before the person of the Judge: consigned from thence to a place of provisional

confinement if necessary for securing to the plaintiff the benefit of the sequestration; beyond the necessity not to [...?].

By providence thus displayed the purpose of the injured creditor would be served /the ends of justice in a word/ but the purpose of the partnership /Judge and C o/ the ends of judicature marred: accordingly care is taken never to see /face/ or hear the insolvent never either to compel[?] so much as admitt into the presence of the Judge him who is thus on the breach[?], floating or already in the /running down/ in the current of insolvency - near either to see his person or know any thing of his circumstances:

Instead of this[?] arrangement thus dictated /common honesty[?] the suggestion of/ by common sense, the technical system provides the security afforded by bailing - holding to bail. But the inadequacy of this security will be shewn under the head appropriated to that subject.