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4 Jan y 1807
Scotch Reform │ │ To L d Grenville
Facienda
Causes mostly short
If questioned on this head I speak mostly from conjecture for certainly they are not much in the habit of being thus questioned - it is I imagine, not so much /decidedly/ upon the point /on the ground/ of fact that this supposed superiority of security against misdecision would be placed by them, as upon the point /ground/ of law. It is on this account that, their prejudices harmonizing in this as in so many other[?] things with their interests, it is among their habits to ascribe /attribute/ an exaggerated degree of importance to the question of law, to the danger of error in respect of it /to all descriptions bearing relation to it/, and consequently to whatever degree of security many be capable of being given /created/ against misdecision in relation to it /on that ground/.
Hence all that parade of solemnity of argument, multiplicity / multiplication/ of Judges for this special purpose, and care /pains/ taken to reserve for it the cognizance ultimate[?] or even exclusive of select heads, such as would in vain be looked for any where but in the metropolis, heads stocked with the richest treasures of learning, and wisdom that are any where to be found treasures the fruit of nothing less than the most incessant and long-continued habits of exercise /labour/ and meditation.
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Title: [8 Jan y 1807 Scotch Reform │ │ To]Description: 8 Jan y 1807 Scotch Reform │ │ To L d Grenville Facienda Causes mostly short Better remedy by legislative interference in case of disputership[?]. What makes /constitutes/ the superior importance of the question of law is - (it may be said) and naturally will be said that in one cause determined on this ground misdecision may draw after it misdecision in any number of other causes /the repetition of the like mischief/ - viz: of causes in which the decision was[?] /rests/ upon the same point. That to a certain extent the superiority is real, is not to be doubted /disputed/: but if it be made use of as a justification for the exclusive attention to this one end of justice to the neglect of all those others it admitts of │ │ answers - viz: 1. That in so far as when produced by the system of procedure itself which they are to the amount of at least ninety parts out of a hundred - the evils of delay, vexation and expense, are beyond the reach of men. 2. That in so far as they have place, they produce, with irresistible efficiency, failure of justice which is tantamount to misdecision to the prejudice of the plaintiff's side. 3. That in a variety of ways already mentioned, they are productive of misdecision to the prejudice of both sides. 4. That, whatsoever may be the virtue of the remedies provided by the natural system (viz: multiplicity of judges, central[?] station of the Court in which /those Judges/ sit those Judges in the Metropolis, (the centre of intelligence) and multiplied repetition of argumentations delivered before.) it is not in the nature of them when all added together, to whatever height each of them be carried, to take any thing from the efficacy of the causes of misdecision abovementioned: that on the contrary the further they are pushed, in the greater degree are they all productive of those same causes: the more arguments the more delay vexation and expense: the more Judges, the more delay in the formation and delivery of their opinions, and consequently in the formation of their decision grounded on them: and of the operation[?] of drawing a cause from its original station to the metropolis delay vexation and expense [...?] with the distance, are the inseparable concomitants[?] /accompaniments/.
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Title: [4 Jan y 1807 Scotch Reform │ │ To]Description: 4 Jan y 1807 Scotch Reform │ │ To L d Grenville Facienda Causes mostly short 2. The second proposition is that in the form by which the technical system is distinguished from the natural - in these forms taken collectively or separately /in any one of them/ there is nothing that can tend to lessen the frequency of misdecision even on the ground /particular ground now /here// in question - the ground of law. Thus proportionate, being in any part a negative one /of the negative cast/ is on my part however true incapable of proof: to disprove the truth of it, if it be not true, is a task that rests on the other side, Your Lordship would not easily, I believe, find any /a/ hand to undertake it. /The third/
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Title: [3 Jan y 1807 Scotch Reform │ │ To]Description: 3 Jan y 1807 Scotch Reform │ │ To L d Grenville Facienda Causes mostly short It is in the small minority of the causes commenced in the technical Courts - in the number of those brought on to trial, that are to be looked /sought/ for the greatest number in respect of which there is any room for misdecision - any room in which any superiority of security against misdecision (if it were in the nature of technical procedure to afford any) could operate. That it is of /in/ the very nature of technical procedure as contradistinguished from natural - of technical procedure by its necessary operation viz: as productive of /pregnant with/ delay, vexation and expense is what I have had frequent occasion to shew +: by delay evidence perishes - by delay, vexation and expense, the plaintiff having right on his side is disabled or deterred from commencing or continuing his demand, the defendant from commencing or continuing his defence. Among the several causes of misdecision by which that system is characterized, these operate and firmly applying indiscriminately to all suits and to all systems is[?] in exact proportion to the degree of the complex evil composed of the delay, vexation and expense. (To this are to be added the instances of misdecision produced by the various devices more particularly characterized by this tendency such that of putting exclusions upon the evidence under the erroneous if not hypocritical notion of security against deception - that of receiving to no great an extent what is received in no other than a bad shape - part of deciding causes against rights /repelling just demands or defences/ on no better ground than the non-compliance with terms blindly fixt for various operations in other words according to the principle of mechanical judicature - the principle of nullifaction (that engine[?] of iniquity in the English system so mighty /powerful/ and so busy, in every other comparatively so feeble and inert!- with
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