24 March 1805

Evidence

Securities

Ch. Procedure Technical

''. Summary & Regular#

Between technical and regular there is no such coincidence as between their respective opposites, natural procedure and summary. By technical /the technical system of/ procedure I understand that system of procedure - every system of procedure that has had men of law for its authors - men in law left free to act /fashion the system/ by their own powers, in pursuit of their own personal, (what comes to the same thing) professional, and like in either case sinister, ends. By regular procedure is generally and perhaps universally understood - understood by lawyers themselves, by whom the names characteristic of the distinction between the two systems was invented, that same /self-same/ system which has just been mentioned under the name of technical. Whatever application and extent the natural - the in general summary system has received, has been given to it, with or without their approval concurrence /cooperation/, but at any rate against their interests, against their prejudices, and in spite of their reclamations. In their vocabulary, to the very man[?] [...?] the name summary is evidently /manifestly/ attached itself. By summary they understand, and wish others to understand, precipitate, and through precipitation imperfect: a system that in proportion as it is summary wants something of that which is /is deficient in those ingredients which are/ necessary to its perfection /being compleatly suited to its purpose/. That it is regarded by them with an evil eye is manifest not only by its opposition to their sinister interests - not only by their sollicitous[?] [...?], + but by this plain /simple/ and universal fact - the more they have taken[?] to avoid the adoption of /copying of/ it, notwithstanding its under[...?] possession of that [...?] of which as far as can be without the reality and the merit they are on every occasion so sollicitous to obtain the praise.