17 June 1804

Procedure

5 (20

Ends

Ch.1.

'.2. General Ends

By a law or [...?] of procedure meaning judicial procedure I understand the same thing as by an adjective law or [...?].

In each country I understand by the system of procedure the aggregate of the laws of procedure - actually established of the adjective laws by which the mode /course/ of judicial procedure in that country is regulated. (b)

In every country the established system of procedure professes to have, and as far as it is properly planned and constructed actually has for its end in view, the giving the intended effect to the several laws of which the substantive branch of the law in that country is composed. Main general end of adjective procedure expressed in brief - giving effect to substantive law.

This in every country is and ought to be the main end of /pursued in and by/ the system of procedure: but in no country either is it or ought it to be the only end.

Government, how necessary soever, is in every branch of it is an evil. In judicature the branch in question here as truly and inconsestably as in any other /of the rest/: the best system of government the best system of judicature is but a choice, in what degree soever it be a good and happy choice - of evils. In the course of the steps necessary for the giving effect to the several laws belonging to the substantive branch of the law, a quantity of evil in great and deplorable abundance can not but be produced - The compleat prevention of it being impossible, the best that can be done is the reduction of it to its minimum, its least quantity possible.

Note (b)

(b) Each particle of adjective law takes the place of a substantive law, in so far as the remaining part /other parts/ of the system of adjective law are employed in giving effect to it. In virtue of those parts of the system of procedure by which their respective duties are pointed[?] out subordinate /[...?]/ ministers of justice such as Sheriffs and Bailiffs in England perform their parts towards[?] the giving effect an article of substantive law - for example the law against theft for example. But to [...?] /bind[?]/ them to the fulfilment of their respective [...?]; various unpraticable[?] laws[?] [...?] [...?] [...?] prohibitive. Each of these laws being creature[?] of same species of delinquency, is in that respect a penal law, and as such a place in the substantive branch of the law, in addition to that, which it occupies in the adjective branch.