14 June 1804

Procedure

Ch. Basis

[...?] 5. Rejective Causes

In this state of things, not a book /source/ upon the subject (and books upon the subject have been innumerable[?]) in which this mode of inquiry pursued in every country, and in every course of justice in every country (unless /overrated[?]/ here and there perhaps those who having little power were pressed and swallowed /trodden upon/ by those above who had[?] more[?]) has not been represented in the work of the purest probity guided by the most profoundest enlightened wisdom: in which the imperfections, if every case supposedly were the fault not of the [...?], but of the materials: and of the profession, but of human nature: not of lawyers thus /it had not/ is of the high and powerful classes /members/ among them but of suitors, with here and there a slight [...?] on the part of the subodrdinate classes - the inferior [...?] of the parties - the inferior offices of judicature.

Wherein all this misrepresentation? a misrepresentation more gross and palpable than any of which an example /that has ever been exemplified/and at the same time more constant and unanimous/ is to be met with in the history of mankind. From this cause:- that every where, whatever description /view/delineation/ has been given of the state of the lawyer /law/, has [...?] a lawyer for the [...?] draughtsman. In so thick a cloud has the subject been enveloped by the ingenuity or absurdity, of men of law, or rather by both together for both tend /operate/ to the same end, that [...?] /no [...?]/ but a lawyer/s - not an eye that is not directed by professional interest, and distorted by professional prejudice, ever attempts to pierce into it.

/In the better as de[...?] in the fall between the [...?] and the man, the advantage was clearly on the man's side. Surely? says the [...?] - because you men not [...?] [...?], have been the punishers[?]