13 June 1805

Evidence

Introd

Ch. Procedure Technical

''.3.

Thus much having been said in regard to a certain rank of ends: we proceed to ends of a higher order, in the astrological scale, such ends as with relation to those others, operate /stand/ in the character of means.

Under the head of natural procedure, we have seen that course of inquiry /those principles /dictates/ of common law/ by which the three grand objects of judicial enquiry are compressed[?] and compressed[?] as one, bringing the truth and the whole truth to light, bringing it to light at the earliest possible period, and in the purest state: the termination /goal/ end of the cause /suit/ either reached at one bound, or at the worst the whole course /future/ of it marked out and delineated /brought to view/, as in mass by reciprocal allegations, examinations, admissions, [...?] and explanations: all, under the /with the benefit of the/ same security in respect of truth /against mendacity and temerity/ s that which is wont to be applied to men in the character of witnesses: all without any need or use, unless in here and there a particular instance, of the expensive assistance /burthensome, and in a general view necessarily treacherous assistance/ of a set of labourers acting together under the impulse of an interest opposite to that of their employer.

In This scheme of things traced out by the hand of Nature by the light of common sense was /the man of law beheld/ an inseparable obstacle to the designs of the man of law /his plans/: it was necessary at all events to get rid of it, and replace /replacing/ it by a system as opposite as possible.

For this purpose, three fundamental points were to be accomplished /gained/ in the first place at the expence of suitors.

1. To shut the door of the House of Justice in their face.

2. To have it open at the same time to such persons as should present themselves in the character of their [...?] assistants and substitutes: thus forcing them into the hands of plunderers /a set of licenced depredators/, with whose sinister interest lives of the Judge, the author of this violence, was tricked by the ties of a sort of partnership, not the less close but the closer, for being dormant.

3. To substitute or superadd /preface/ to the viva voce explanations of the natural system a mass of useless - as if worse than useless writing, and that of course as long as any pretense could be found for making it.