4 Feb y 1807

Letter IV

Resolut. 6.7.8.9

Juries

4. That there are abundance of points in which in respect of security against misdecision, the natural system as compared with the technical, and under the last form /modification/ of it that can be found has eminently[?] the advantage.

 Go on with the proofs

To put the truth of this proposition out of doubt, there needs no more than to take the mere circumstance of delay - collateral inconvenience inseparable from the technical system, and observe how frequently it can not but happen that misdecision or what is equivalent failure of justice shall flow /result/ from it as a necessary consequence.

1. Deposition of evidence - necessary evidence: whence mis-decision on what side whichever it were plaintiff's or defendant's to which the last[?] evidence was in that degree [...?]. On the plaintiff's side if before suit and the consequence foreseen, failure of justice: if after commencement of a suit, misdecision to the prejudice of the plff's side. On the defendant's side, misdecision in every case: failure of justice being out of the question here.

2. deposition of the matter of wealth in the character of the matter of satisfaction: the value in dispute, in whatever shape, movable or though immovable, by [...?] spent by the defendant in profusion, in bad economy, in the litigation itself: [...?] shut[?], or secreted, or sent out of the country