13 Apr. 1803

Procedure {or Evidence?}

Evils [...?]

Ends

Engl. Law

 In a practical view (see below)

But of this principal which in the catalogue of collateral objects has received more than it due share of attention - or rather if the sacrifices made to it at the expence of the real main objects have been - in many instances disproportionate, needless, useless and inconsiderate, the same imputation can not be extended /charge will not be found extendible /applicable// to the case of the other collateral objects - expence, vexation and delay.

While, on the pretence /under the notion/ of providing for the security of the innocent, the guilty are let out without number, vexation is heaped upon suitors of all descriptions without mercy - expence without account - and delay - needless and useless - and unnecessary delay is manufactured by rule and compass, as if litigation - the bane of comfort - were the proper and principal business of life.H

At this point, for the present, we take a pause. To carry on /deduce/ yet further the genealogy of law-born evil /mischief/ - to delineate it in its various shapes - to pursue it into its various recesses and lurking holes to trace out its ulterior and more distant causes, with their respective remedies, is a task, the place of which belongs to /which will find its place in/ the topic of Procedure.

H References to Evidence Self-conviction &c - Nullities -

Uses of this arrangement.

1. A standard to try the goodness of a system of procedure by,

2 - in one country as well as another.

3. A model of perfection /A [...?] for improvement to aim at/

4 It exhausts the subject /There are no other inconveniences/

5. It exhibits /and/ the ne plus ultra of improvement /beyond which it can not go/

/These inconveniences reduced to the minimum[?], perfection is attained/

Practical instruction -

To extirpate each lower branch of the inconvenience, not on its own account merely but on that of the higher that grow out of it: Intricacy[?] for precipitation & delay; those for vexation and expence; those for wrong decision in all its shapes.

Each inconvenience furnishes a test for the whole system, and for each step. No test more simple, intelligible, familiar, conformable at once to the principle of utility, and to popular sentiment.