22 July 1804

Procedure

(2)

Enquiry Mode

Ch. Objection. No Jury

'.4. 3. No - Jury not complained of

In the last of these modes of procedure - being two out of three in use two eminent deficiencies - constituting so many points of disadvantage in comparison with the first mode are found united:- 1. the want of the pretended best mode of judicature - judicature by a Jury most competent[?] species of Judge: 2 dly the want of the best mode of extraction for the obtainment of the evidence - the mode by themselves acknowledged to be the best and in truth - in all cases of dispute the only good one.

Observe then the consistency. The objection where it stands single - the objection of no Jury - is decisive: where it is fortified by the addition ot another - and that other of much stronger texture - a bad mode of extraction - it amounts to nothing, and accordingly in the character of an objection, and objection urged against either of these established modes of procedure is never touched[?].

So compleatly futile is the objection of No Jury in the eyes of those who are not ashamed to /simply[?] act[?] to/ urge it, that in the way of Motion[?]-and-Affidavit work causes are tried of several sorts which are not allowed to be tried by Juries (a) - and in the case of the same demand on the occasion of which a Jury is called in for the trial of the question, the same question is tried by the Court without a Jury, before it has been tried by a Jury, (b) and after it has been tried by a Jury. (c) On one and the same question, whether a Jury be be [sic] not employed, trials can never be too many, so long as on each occasion lawyers are employed /learned gentlemen are employed/ in every case.

Notes

(a) Motions for Attachment i.e.[?]

(b) Motions for leave to file Informations

(c) Motions in mitigation of aggravation of punishment, after conviction by a Jury - the Motion being grounded on affidavits, oppsed[?] by counter-Affidavits, the Affidavits on each side alledging fresh facts, not brought in view at the Trial.