26 Jan y 1805

Evidence

Securities

Ch. Procedure Technical

''. Parties unheard

Ch. Arrangement common to all technical systems - exclusion of the parties from the presence of the Judge.

Before we come to the display /bring to view/ of the leading features of the two rival systems, and thence consequently their marked points of difference, one feature /arrangement/ which they have in common is so fundamental a one, and so [...?] of every thing that follows, that unless it were stated in the first place /brought to view at the outset/, mist /a cloud of mystery would/ all the succeeding details would remain envelopped as it were in a mist. I mean the exclusion of the parties from the presence of the Judge.

The application of it, it is evident, extends not to all sorts of causes. It extends not to penal causes of the higher classes, in which the forthcomingness of the defendant is necessary in the first instance /as soon as it can be obtained/, to secure his forthcomingness at the concluding stage for the purpose of punishment. To penal suits of the lower ranks /inferior degrees/ it is neither unapplicable /inapplicable/ in its nature, nor unapplicable in practice. But those of the non-penal class causes between individual and individual /causes in which the public has no considerable interest/, those more especially which have property /in matter of wealth/ for their subject matter - those are the causes in which the existence of this feature is most uniform, and its effects upon the administration of justice or what goes by the name of justice most important and conspicuous.

The matter of fact, notorious as it is would remain wrapped up from first to last in a coat /veil/ of mystery, if at the outset, the causes of it, as well as final as well as as efficient[?], were not brought to view. Without this explanation the whole system is a riddle, and that riddle altogether an inexplicable one. Point out the cause, you gave the key to the riddle: every thing new is plain and clear: all is mystery and darkness are no more - the riddle /enigma/ is solved: /the enigma is drawn up:/ all mystery is at an end.

+ every arrangement that presents itself, is an effect without a cause

+ all [...?] circumstances are seen rising out of that first cause.