19 April 1805

Evidence

Securities

Ch. Procedure Technical

''. Allegation is Evidence

Thus then stands the matter with regard to the rule Audi alterem partem. To a certain degree /In certain respects /purposes/ /On certain occasions/, it is the interest of the man of law, that it be obscured; and to /on/ these it has accordingly been observed accordingly. To /In/ others it is the interest of the man of law that it should not be observed: and on that it has been violated /is violated/ compleatly abrogated So far as it is his interest that it be observed, it is so on a double account: were it violated /not observed/ to all purposes, the people might not be quite so blind /be dissatisfied/ to the defects /abuses/ of the system as they are. The people might be more or less dissatisfied: and moreover what is a great deal worse /what would be a much more serious mischief/ /[...?] [...?] [...?]/ more than half of the profit of /extractable from/ every suit would be lost.

Observed? did I say? - But in what sense is it ever /that it is/ observed not /never/ in a true sense, only /never but/ in a fictitious one. Under the name of party who is it that is heard? Not the party himself on either side: not the party himself, but his deputy, or rather his deputy's deputy: not the party himself, but a deputy's deputy whom he is forced /compelled/ to employ, on pain of not being heard in any sense. And for whose sake then he is heard even in this fictitious sense? for the sake of the deputy and the deputy's deputy and their connections /confederates, and not his:/ /[...?]/: for if it were for his own sake, it would be in his own person, that he would be heard.