March 1805

Evidence

Securities

Ch Procedure Technical

In the manufacture /organizing/ of misdecision, in the counteraction of the direct end /ends/ of justice, the interest under which /the influence of/ the men of law has been operating /establishing his arrangements /his works// are not quite so obvious, but scarcely less decided and efficient. In a double way, by a double force, he has been urged /prompted and induced/ to set up iniquity as a trash[?] to aim at. /work iniquity in performance to justice./ Misdecision, if on a ground foreign to the merits, and at the same time not final and conclusive, will operate upon him to whom the injustice has been done /whose prejudice the decision has been pronounced/: will frequently operate upon him. but as a spur by which he will be urged to seek, in a corrected cause, the justice which is his due. To this consideration to this cause may all decision on points foreign to the merits all decisions pronounced on any occasion /of the numerous occasions/ on which the word nullity, and its conjugates /quasi-conjugates/, and correlations, will /invalidity/ and void, quash, set aside, nor count to be employed.

But whom under the auspices /shade/ of uncontrouled power, the workings of personal interest /the slow and secret but [...?] and indefatigable/ in the breast of the Judge, to the [...?] displaced /[...?]/ love of justice, an inward and pale[?] affection and predilection for injustice, an indifference /a [...?]/ for justice, or rather /of not/ a much more pernicious sentiment /affection/ is the sort of affection, which may upon a multitude /the prevalence and influence/ of occasions may naturally be expected. Of the source of this affection with indolence, rash decision, misdecision for want of thought, will naturally be a most frequent fruit: and to this cause may be inferred those exclusive rules /rules of exclusion/ of which the law of evidence is in a great part composed, and by which it has been reduced in that state of depouration /depravity/ the marks of which will in the course of this work be but too conspicuous.