23 Mar. 1805

Evidence

Securities

Ch Procedure Technical

''. Disadvantage[?] [...?] [...?]

Under the first and second of the three modification From the appearance of the parties in the presence of the Judge in the first instance the following good effects result of course /one good effect takes place/ No litigation perfectly /altogether/ groundless can be carried on /any further/ on either side /on either side - advanced/: no claim preferred: none resisted, for the mere purpose of opposition.

Of the importance of this arrangement no totally adequate idea can so effectually be obtained by any other means as by considering /observing/ the state of things that results necessarily and universally from the want of it.

In the character of plaintiff, a man not being subjected to any questions either on the part of the defendant or on the part of the Judge respecting the grounds of his claim, and the circumstances that present it to his conception in the character of a just one, has nothing but the expence and vexation attached to the litigation in the character /[...?]/ of plaintiff to restrain him from subjecting to the correspondent mass of expence and vexation any person whose price he is desirous /content/ of formenting or opposing at that price In the state of things, every mad /wicked/ man who is at the same time rich enough to support the expence feels /sees/ himself in possession of a power, the force of which increases /goes on increasing/ with every atom[?] of expense vexation and delay /which in the part[?] of cause[?] in question [...?]/ that happens to be attached to the situation of Defendant. Is it a sum of money, or a specific article of property that he coverts? It is not necessary that it should ever so much as have entered into his own conception that he has the smallest so much as the shadow of a right to it: the amount of the costs of suit being known on one hand, the amount of the Defendants relative pecuniary ability - of the quantity of the matter of wealth that he is able to employ in this way in his own defence being known, on the other hand. If the latter quantity be less than the former, the victory is secure.