22 Mar. 1805

Evidence

Securities

Ch. Procedure Material

''.3. Application to [...?]

''.3. Application of the principle of the domestic system to the forensic.

In all this there is nothing that in point of wisdom goes beyond /was above/ the capacity /facilities/ or goes beyond the position of the rudest savage. In point o wisdom there is little remaining to be added by the wisest legislator /mere commands/. In power, yes; for of the father of a family, the power extends not beyond the circle /bosom/ of the family /family circle/; whereas there are states the power of which stretches /extends/ to the Antipides and encompasses the whole earth.

Upon a plan this /equally/simple, may judicial procedure /the principle of judicature/ in all those branches as above distinguished be conducted in a family /even in a state/ political /family/ of the largest size in by far the greater part of the causes of all sorts that present themselves; in a state /political/ family, however vast the size /bulk of it./

Upon a plan this simple a state continues to be conducted in certain instances /in relation to certain causes/, perhaps without an exception in /under/ the most enlightenment as well as the radical states /governments/. For this In this theme[?] for distinctions sake let us appropriate the dimminuation /appellation/of the natural plan or system of judicature or judicial procedure; for distinctions sake, to distinguish it from another, that too widely different, and of which there will be but too much say in the cause /within the compass/ of this work; this/the above/ the natural, the only natural form, and this the most simple mode of it procedure by simultaneous appearance, and viva voce intercourse; i.e. between the parties, in the presence of each other and the Judge; say for shortness procedure natural procedure, commencing by simultaneous appearance.

Note A

By appearance here I understand, what every man of [...?] commonsense would understand /understands/ by it, appearance of the party himself; not, unless for special cause, the appearance of another person, viz; a professional agent in his stead. As to [...?] it must be understood with this [...?], that in some cases the appearance and [...?] of the plaintiff may be a preliminary step to the simultaneous appearance of both parties.