12 June 1805

Evidence

Introd

Ch. Procedure Natural

''. Confrontation. Objection to [...?]

In England, though in point of aggregate pecuniary value, absolute value, the number of instances in which personal attendance o parties does take place is /may perhaps be/ inconsiderable, yet in point of number of causes, and thence relative /aggregative/ value, it would probably be found in a considerable degree the greater. +

5. As to the case where vexation in this shape (as supposed) is encreased to an indefinite extent by the /an indefinite/ multitude of persons joining, conforming /confederating/, for the purpose of producing it, and without cause under every system, technical or /as well as/ natural, more will be exposed to the afflicted[?] in this way, and without [...?] of redress /powers of prevention - satisfaction/ if no adequate means of prevention nor any adequate means of satisfaction are provided in relation to it. But as under the technical system it is not forgotten /not left without provision[?]/, still less would it under the natural.

Under the natural in the form here proposed, not one of the whole number of supposed conspirators /no single person in the character of plaintiff/ even attempt to inform[?] the defendant to his inconvenience /reaction/, without presenting himself /his [...?]/ ready to be subjected to the obligation /burthen/ of punishment or that of satisfaction or both in case of any misconduct on the part in relation to it: under the technical system, any number of conspirators may [...?] in imposing this burthen upon the individual marked out as the object of their opposition, every one /each of them/ without injured person subjecting himself to any such inconvenience or risk.

Under the natural system no such person can in the character of plaintiff take his chance for subjecting a man to any such vexation in the character of defendant, without having previously (not only previously subjected himself to the like vexation (which to him may perhaps be no hardship, though a previous one to the opposite side) but subjected himself to examination as to the cause and real demand for the imposition of the burthen, and thence to punishment as for perjury in case of mendacity in relation to such demand. Under the technical system no such security is afforded. (a)

+ In Ch. Summary.

(a) In the English system at least, except in particular cases.