date

1810 July 19 2 Ch. Authority worshippers
1810 July 19 2

Ch. Authority worshippers

2

| | Lawyers interest sinister

It is the interest of not of every man without exception of every branch[?] man without exception, that this course taken /pursued/ by him in pursuit /as pursuant/ of every claim /demand/ it becomes necessary for him to make for the effectuation of any right he possessed, or the redress of any wrong he has sustained should be as pure /clear/ as possible from all factitious and unecessary delay vexation and expense.

It is the interest of the man of law that so far as this expense is a source of profit to himself and his associates /confederates/ the quantity of this factitious and unnecessary expense should be as great as possible: and therefore that in so far as delay is [...?] productive of the [...?] profitable part of this /such/ expense, and vexation either a cause or an inseparable concomitant /accompaniment/ of it , the quantity of necessary and factitious delay should also be as great as possible.

So as to uncertainty /as in knowledge[?]/

It is the interest of every member of the community /every man's interest/ without exception that in respect of his possessions against wrongs /injuries/ and loss as well as inhuries in every shape[?] in whatsoever quarter he /a man/ is liable to be affected person, reputation, property, condition in life, - his security, and his confidence in /assurance of/ that security should /be/ at all times as compleat as possible: that whatsoever rights it may happen to him possess he may at all times be apprized of, that so it may be in his power at all time to enjoy the full benefit of them: and that of whatsoever acts will if performed be liable to be imported to him as offences /transgressions/ or wrongs

the

to the effect of thus[?] being in respect of those subjected to suffering in any shape, which the shape of punishment [...?] [...?] [...?], or [...?] of rendering [...?]
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  • Title: [19 July 1810 1810 July 19 5 Fallacies]
    Description: 19 July 1810 1810 July 19 5

    Fallacies Ch | | Authority-worshippers

    5

    2[?] Lawyers interest sinister

    The effect of uncertainty being to throw[?] a man into their hands, and the effect of inconvenience in the shape of delay vexation and expense to keep him thus[?] in proportion to the amount of it to his own detriment and to their advantage, it is interest that throughout the whole field of law the degree or quantity of uncertainty[?], delay vexation and expence be as small as possible: But for the same reason in the instance of every man it is their interest that his share in these evils be as great as possible:

    The perfection of oppression [...?] in the shape of extortion is where to the profit and for the benefit of the extortures[?] a man is made to suffer for non-conformity /to/ with /regard/ laws which were never made, and which, lest he should conform to them have been and still are kept from being made not only from being [...?]ied but so much as from being made. Such is the tyranny exercised over[?] all the other members of the community by the fraternity of lawyers.

    Propose that the only crime[?] by which the people[?] can be delivered from this tyranny be taken propose that thus[?] throughout the field of law it be rendered possible for men to know and by knowing to conform to those rles for non-conformity to which they are continually afflicted and in so large a proportion /every [...?] in such numbers/ ruined, the impossibility of such deliverance will be conferred and pre[...?]d by the whole fraternity of lawyers.
  • Title: [12 July 1807 (11) Letter V]
    Description: 12 July 1807

    (11)

    Letter V

    III. Litigat. prevet.

    III. Directions for the prevention of malâ fide wrongs and eventual malâ fide defence on the part of a defendant combating for success through indigence on the other side.

    Take away all factitious expence and vexation: in case of necessity provide for the defraying of the necessary mass of expence at the charge of some fund other than of the purse of the indigent individual in each case. See below Directions concerning malâ fide Plaintiffs.

    IV. Directions for the prevention of malâ fide wrongs and eventual malâ fide defence on the part of a defendant combating for intermediate profit by delay.

    1. Do away all such factitious delays as you find already established under and by the existing system: to do this you must substitute in every Court of judicature the natural system to the existing modification of the technical.

    2. In regard to such facititious delays as even under the natural system it might be in the power of a defendant, malâ fide or even bonâ fide, to produce, be careful to take away, in every shape, all possible profit from the delay; and in particular so ordering matters, that whatsoever be the loss produced by the delay to the party on the other side, viz. on the plaintiff's, full satisfaction shall be made to him for it at the defendant's expence.
  • Title: [12 July 1807 10 Letter V]
    Description: 12 July 1807

    10

    Letter V

    III. Litigat prevented 2 o

    II. Directions for the prevention of malâ fide wrongs in general followed or not followed by demand of satisfaction and thence by malâ fide defence.

    In substance as well as in expression study so to organize the body of your laws, that in the event of any transgression, whereby wrong with its correspondent damage may fall upon any other party, the party exposed to temptation to transgress, may behold a more than equivalent burthen as eventually about to fall upon him, in the shape of satisfaction - i.e. the obligation of rendering at his own charge satisfaction to the party specially wronged, where the case affords a party so circumstanced; and failing such satisfaction, in the shape of punishment: taking all possible care that no means of delay, nor chance of ultimate evasion may either exist, or present themselves to his view.

    Whatsoever check, either in the shape of the burthen of satisfaction or in the shape of punishment, either under that name or any other (for example such as Costs), be provided for the purpose of restraining men from the commission of wrong, take care that no defeasances, no opportunities of evasion or delay, be open by which the real value of it or the influence of it in the imagination of a party under temptation can be decreased. Look carefully over the body of existing law, jurisprudential as well as statutory, for the purpose of putting an end to all such chances and expectations. Suffer not any such effect to be given by the Judge to intervening casualties at large. In regard to such casualties as when they take place are unavoidably productive of this effect, (such as casualties productive of deposition of evidence,) observe by the abolition of factitious delay, to render the chance of their intervention as small as possible.