13 June 1805

Evidence

Introd

Ch. Procedure Technical

'.6. Exclusion of parties

''. Excluding principals which none but hired proxies were admitted.

These two arrangements are in effect but counterparts of one and the same arrangement. Excluding principals without admitting proxies would not have executed the design but marred it: it would have put one end to all suits. Admitting the hireling while the principal vanished unexcluded is an arrangement that would have been little less incompetent to the purpose. Under the natural system, as hath been seen, it is the arrangement that not infrequently can namely be dispensed with.

This stroke, one of the boldest as well as most nefarious /flagitious[?]/ that ever was struck either by fraud or force, could not be struck at once. A rule /principle/ of natural justice the most obvious perhaps and most unfringable of any that were presented themselves to human reason, could not be battered in breach: it was necessary to undermine it.

Audi alteram partem is an adage, among the most frequent in use, as well as among the earliest in date. By another maxim somewhat more extended, the iniquity of the Judge who should presume to violate the former is denounced to the tribunal of mankind. Qui [...?], parte inaudita alterem, [...?] [...?] [...?] [...?] [...?] fuit. Audi alteram partem - the injustice, the single injustice comprized in the violation of that rule, was the utmost /most flagrant/ that in that early stage of human existence /improvement and human corruption/ had presented itself to the imagination of mankind. By the stroke, the masters stroke here in question /before us/, that injustice was doubled. To steer clear of the imputation, fiction, the supreme and everlasting God of /in/ the man of laws machinery was invoked, and not invoked in vain. In the eye of the law Parties and proxies are all one: hearing the one is hearing the other, - No, No: hearing the one is not hearing the other. Hearing the treacherous hireling, your dormant partner, your creature who plays into your hands is not hearing the /his/ principal, the oppressed and deluded party /suitor/ whom you and he have marked out for pillage. If the falshood of the subterfuge were not fully known to you, you would not be so ready with it as you are /have been so ready to devise and later it/. +

Say this, and in next thing for your to say, the dove /pigeon/ and the hawk are one bird in law

+ It is because the presence of the party would defeat the conspiracy, that you venture on so monstrous an injustice as that of shutting the door in his face