1823. Feb y. 28.

Greece. J.B's Observations on particular Articles.

Judicial Procedure

Judicial Procedure.

Proper and only proper model of Judicial procedure, the domestic. For, in domestic procedure, there are no hireling advocates interested in the obstruction and defeat of the ends of justice. For the collection of evidence, powers which are not to be found in the domestic Judicatory, will in many instances be necessary to the public Judicatory. These powers must of course be supplied. But in point of need, in this supply lies almost the only difference requisite. In domestic procedure, the only natural procedure has its model. In every father, his children and his other servants, if he has any, behold their Judge. Contradistinguished in it's name, because opposite as to the ends to which the course of it has been directed, must be the course of procedure by far the most extensively as yet in use: call it the technical - such is the name by which, even by it's inventors, it has been characterized. For technical, say on any occasion unjust - you need not fear misnaming it.