date

Oct 1805 Evidence Appropriate
Oct 1805

Evidence

Appropriate

The cause /origin/ of the questions as subjects of debate themselves is one thing: the cause /origin/ of the importance that belongs to them is another. The questions themselves spring as we have seen out of one species of abuse: the /their/ importance that belongs to them out of another species of abuse.

Under the natural system, if, for want of due notice, or by any other accident, a party happens not to be prepared on this or that day with this or that article of necessary evidence, the evidence being by the supposition in his power /at his command/, he brings it with him the next day. But in the English technical system, in which the denial of justice is the ordinary state of things, and justice is not so much as pretended to be administered but after a short period separated from each other by distant intervals the next day does not come till six months after and /or/ in some places perhaps twelve months: and when another day for the production of the omitted evidence does come, it is not to be obtained but upon the terms of the second plunderage, performing once again for the benefit of the man of law all those useless ceremonies /preliminaries/ which never ought to have been performed at all. Under the care of English Judges a /every/ law suit is thus the very stem of [...?]: when a pretence has been found for preventing it from gaining the top of the hill, if it be destined to take a second chance it is not allowed to keep the ground that it has gained, but it is in the first [...?] /rolled back/ into the bottom, before a second chance is allowed it, of getting /being forced up/ up to the top.
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  • Title: [24 June 1805 Evidence Introd]
    Description: 24 June 1805

    Evidence

    Introd

    Ch. Non-Notoriety &c

    ''.1. Connection

    Again. I wish to make a disposition of my property to take effect after my death. Ignorant as I am, and blamelessly ignorant (for what has ever been done by government to remove /inform/ my ignorance?) Ignorant as I am of the state of the laws in general I know this much from every days observation, that men are allowed to make such dispositions, though on what terms I know not. I borrow a right of the statute at large, and by turning /looking/ over index /over the index/ I am conducted to a Statute of which it has happened to me to hear mention /spoken of/ under the name of the Statute of frauds. Of fraud there is indeed no want in it: of intelligibility no small want. I see that there are certain species of property can not be disposed of in this way unless three or four persons in the character of witnesses for this uncertain is the expression be present to attest such any will: but what these species of property are and whether the property I have belongs to any of them is matter of supreme uncertainty to me. From any thing that goes by the name of human reason I find it impossible to derive some, the least assistance: if in the [...?] of protection against forgery such formalities are necessary to property to the amount of ,100 in one shape, why should it be less necessary to property to the same amount in another shape. Conscious of my own inability to understand what the law has required me to do in order to avail myself of the power which it professes to have given me, I betake myself to a lawyer who at least professes /takes upon him/ to understand it
  • Title: [23 Mar. 1805 Evidence Securities]
    Description: 23 Mar. 1805

    Evidence

    Securities

    Ch. Procedure Technical

    Though in the character of defendant, or rather /to speak/ strictly of a person prepared to become defendant, injury where the state of the law /legal arrangements/ is as /still more/ easily and securely operated thence /and that for the purpose /in the view/ of oppression/ in the character of plaintiff, it is not in any such /that precise/ view it is not by men occupying any such commanding station of an oppressor, that under a system of procedure favourable to injustice, mischief unjust defense is produced in greatest and most deplorable abundance. Of the mischief /injuries/ then[?] in this character, not overbearing opulence but its opposite poverty is by much the most frequent cause. To stem /put/ off as far as possible the evil day, to prepare for chance /flight/ of place, and in the mean time to remove out of the reach of justice that portion of the matter of wealth that ought to be /should be/ employed in satisfying the demands of justice, these /such/ are the natural objects /aims/ of the improbity, the too natural accompaniment but too naturally associated with falling fortune /fortunes/. In this state of things, whatever means of procrastination are afforded by the weakness of the law /defects of the legal system/, natural or fictitious, are purchased of course at the price set upon them by the vendors: and stock /means of payment/ /assets/ which should have gone into the pocket of the plaintiff /to the plaintiff/ to satisfy his demands, is shared by /between/ the dishonest defendant and the men of law: between the weak author of the inequity /unjust/ the various classes of its protectors.

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  • Title: [1820 Aug. 26 Emancipation Spanish]
    Description: 1820 Aug. 26

    Emancipation Spanish

    '. 10. Amendment impossible

    Either then there must be a seond Cortes having existence at the same time with the

    first, or no second Cortes can have existence till near 8 months after the expiration

    of the present one viz. till 9 July 1823 or the present one must continue in

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    unchangabel /unalterable/ Constitution: or in the ultramarian provinces the election

    of the deputies for the next Cortes must commence befor the dissolution of the

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    case of most other represetative bodies the intention were that the deputies in a

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    incongruity in instituting an Election of succeeding deputies, before the conduct of

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    In the ultramarian provinces Art. 37 the only day on which the first of the four

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    1 st of March 1822, or else the 9 th of July

    1821 or else the 9 th of July 1822, let him who can say which. But

    by that same Article 37 it must it must also be the first Sunday in December: so that

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    of December in the proper year whatever it is happens not to be a Sunday, there

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    Entered with amendments under

    Creole deputation none)

    This is yet but a small part of the difficulty /cloud/ which hangs

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