25 March 1805

Evidence

Securities

Ch. Procedure Technical

''. Security, proof

In the natural system of procedure, the law[?] of the greatest perfection but more particularly in the simplest /premature/ and finest mode of it, may be seen an[?] most important feature, which unless placed by itself /brought separately/ in a strong light, might be apt /be able/ to escape notice. This is the inseparable[?] bar it opposes, opposes at the very outset - to all malâ fide causes. By malâ fide causes understand not only malâ fide demands on the part of the plaintiff, but all malâ fide defences on the part of the defendant: on the one hand all demands on the other hand all defences, which are to such a degree /in such sort/ groundless, as that the party - the plaintiff in one case, the defendant in the other - can not but be conscious of their being so. Such is your demand, but on what grounds do you support it? On what article of law do you rely; as imposing upon one[?] in a case specified the obligation you call upon the Judge to impose upon me, and what facts do you say have happened, of a nature to bring one within that case? Such are the questions which a defendant of course would put to a plaintiff who conscious of the groundlessness of his claim should for the mere purpose of oppression seek to involve an adversary /his destined victim/ in the evils /[...?] [...?]/ of litigation. No: such questions would /no such questions would/ not be put: why? because for a plaintiff, or rather /that is/ a man who otherwise would /might/ have come forward /stood forth/ in that character - a man with such wishes in his heart, seeing /beholding/ in the structure of the system of procedure the impossibility of resolving them, would shrink from the contest /in the first instance - he/ - would never [...?] to /not have the courage to/ expose himself to encounter any such questions, from the lips /out of the mouth/ of an adversary, in the presence of a Judge, more especially if under the eyes of a surrounding audience /arch of spectators/.