24 March 1805

Evidence

Securities

Ch. Procedure Technical

''.2.

Turning now /If now we turn/ to the groupe of established systems /established systems of judicial procedure/, a prospect of a very different appearance /complection/ will rise to view: deviations, not limited to two in number, and neither recurred[?] to without sufficient /[...?]/ /manifest/ and /as well as/ necessary cause, neither deviation less reconcilable them the very straightest course, to the aggregate of the ends of justice, deviations not thus few not thus necessary - but infinite in number, infinite in complication and agreeing on nothing but their opposition to every one of the ends of justice.

To distinguish from what is regarded as conformable to the course of nature to natural conceptions what is regarded as inconformable to it /their standard/, the word technical is in established use. Techno[?] is in the original french the word for art /[...?]/, inhuman[?], and, if the art be regarded as directed to an improper end, artifice. In natural history, a technical classification is opposed to a natural one, is under the purpose[?] of over-ruling necessity, the work of human /honest/ weakness, striving to lift up the veil of mystery spread by nature over her works /mysterious difficulty spread over the works of nature as if to cover her designs/. In jurisprudence more particularly in English jurisprudence every arrangement to which the word technical has ever been applied will be found to be the work originally of dishonest artifice, labouring in a distrust of its own creation in pursuit of its own sinister ends, repugnant /set up in opposition/ to the only legitimate ends of judicature, the ends of justice. The deviation, palpable as it is, from the ends /dictates/ of justice, is printed out /written in the plainest characters/ by the hand of nature, will of itself, to such a degree as is palpable, be but too conclusive evidence of the establishment /setting up/ of a sinister end in which the prospect /pursuit/ of the general plan of these deviations had its use. This sinister end is profit /will be found to be throughout the same/, in all its various shapes, money, consideration, power, but above all money to the contrivers and constructors of the system, in all their various capacities.