23 Mar. 1805

Evidence

Securities

Ch. Procedure Technical

Though in the character of defendant, or rather /to speak/ strictly of a person prepared to become defendant, injury where the state of the law /legal arrangements/ is as /still more/ easily and securely operated thence /and that for the purpose /in the view/ of oppression/ in the character of plaintiff, it is not in any such /that precise/ view it is not by men occupying any such commanding station of an oppressor, that under a system of procedure favourable to injustice, mischief unjust defense is produced in greatest and most deplorable abundance. Of the mischief /injuries/ then[?] in this character, not overbearing opulence but its opposite poverty is by much the most frequent cause. To stem /put/ off as far as possible the evil day, to prepare for chance /flight/ of place, and in the mean time to remove out of the reach of justice that portion of the matter of wealth that ought to be /should be/ employed in satisfying the demands of justice, these /such/ are the natural objects /aims/ of the improbity, the too natural accompaniment but too naturally associated with falling fortune /fortunes/. In this state of things, whatever means of procrastination are afforded by the weakness of the law /defects of the legal system/, natural or fictitious, are purchased of course at the price set upon them by the vendors: and stock /means of payment/ /assets/ which should have gone into the pocket of the plaintiff /to the plaintiff/ to satisfy his demands, is shared by /between/ the dishonest defendant and the men of law: between the weak author of the inequity /unjust/ the various classes of its protectors.

Such is the tyranny that takes place of course wheresoever this characteristic feature /essential arrangement/ of the natural mode of procedure is departed from and dispensed with: the tyranny of the rich over the poor /indigent/. Such is the short description of it, but by this short /so short a/ description it is not as yet placed in the darkest[?] which is at the same time the justest point of view. A tyranny of class over class would be bad enough: but the tyranny thus established is the tyranny of individual over individual in each class. Comparing class with class, it is of advantage that superiority of power is professed by one class over another should be professed by the [...?] - Why? not because in opulence /superior/ taken by itself there is any [...?], in inferior any domestic but because between superiority of wealth on one hand and superiority in probity as well as understanding on the other there is a natural connection. Superiority in both respects is the work of education and comparing class with class the means of education are abundant in proportion to the degree of opulence. But in the tyranny here in question the oppressed being unlikely to be of the same /equal/ rank (not to speak of superior) with the oppressor, the subjection thus established is unmixed /purely/ evil, uncompensated /unaccompanied/ by the least particle of advantage.