29 March 1805

Evidence

Securities

Ch. Procedure Technical

A question here presents itself. - A system perfect in the first instance, and rendered less and less perfect by /growing less and less perfect with the growth of/ experience - can this account of the matter be a probable end? Is not this the path of the golden age? Every other branch of science keeps and ever has been and still keeps on advancing with the progress of experience. In law /legislation/, the first of sciences, and in the law of procedure in particular, is there any thing that can /capable/ constitute it an exception to the rule?

Yes verily: with substantive law we have no concern at present. But in the case of adjective law - the law of procedure a cause[?] may be assigned, nor that an unobvious one, by the force /virtue/ of which in past ages a prodigious degeneration could not but have taken place, howsoever it may fare with /whatsoever in this respect may be the destiny of/ future ones. From known principles of human nature came the general rule: from the /other/ equally known and [...?] principles of human nature came the exception which we shall have occasion /are now called upon/ to bring to view.

Among mankind in general /at large/, a general conception seems to have prevailed, and even to be still prevalent, that the fulfilment /attainment/ of the ends of justice, the fulfilling /accomplishment/ of the predilections delivered by the substantive branch of the laws, and that with as little collateral inconvenience in the shape of expence vexation and delay, as possible, has been really and bonâ fide the end and object to /to the attainment of/ which the practice ordered[?] and arrangements made by the [...?] of the adjective branch - the system of procedure - has really and bonâ fide been directed. To propagate this /implant this/ opinion in the minds of mankind in general there has been, as may naturally be imagined, no want of industry on the part of the man of law: and as it is only through the medium of the man of law - his writings, his discourses - that any conception in relation to this or any other branch of the subject was to be obtained, no wonder that the conception /imposition/, true or false, intertwined[?] of this matter by mankind in general should have been such, as it answered his purpose to impress /communicate/ and propagate..