13 Feb y 1807

Letter IV

Resolut. 6.7.8.9

Juries

Lawyers Re fondness

The properties /property/ which do recommend it to /does contribute to/ the predilection of the same learned persons as its futility in respect of the crops of advantage which it pours into their laps in better shapes, profit and ease.

1. As to profit. Trial by jury, is trial with lawyers. Trial in the natural mode, is and in a great degree would be trial without lawyers. It is so[?] in the very limited extent as yet allowed to it: it would still be so in a great degree, were the extent of it /it to stretch to such an extent as/ to cover the whole field of law.

Hence it is so much is said in praise of trial by Jury, while nothing at all is ever said in praise of the natural system or any branch of it. On the contrary every thing that can be insinuated in dispraise /disparagement/ of it - for unless it be in the way of insinuation not a syllable ever has been said or can be said in dispraise /disparagement/ of it - is insinuated. Witness Montesquieu, with his [...?] epigram: and Blackstone adopting and recirculating the insinuations of Montesquieu: Mr. Hutchinson with his learned and Right Honourable Curator[?] of the press adopting and circulating the insinuations of Montequieu given and Blackstone.