6 July 1804

Procedure and Evidence

1. wrongful decision against self

a As often as a point in question, foreign to the merits, is started and argued upon , the decision on that point, on which ever side it turns /to which ever side favourable/is adverse to some at least of the ends of justice/procedure/. If adverse to the plaintiff, the consequence is, according to the nature of the cause, non-application of punishment where due or non-collation (?) of rights where due or non-rendition of satisfaction where due: and to these ultimate evils respectively are added the incidental evils of vexation expense and delay - all non-natural, factitious, and unnecessary. If in favour of the plaintiff's side, the above mentioned ultimate evils do not indeed take place /are indeed avoided/ but the incidental evils take place exactly as in the other case.

For ----- sake, grounds of decision foreign to the merits may be styled in one word technical. In English jurisprudence, technical is accordingly the word employed /affected(?)/ on occasions of the sort in question, and is found confirmed sometimes in the word grounds, in the phrasing technical grounds and technical reasons, sometimes as well to the word reasons.

Technical grounds of decision are observable some in the substantive branch of the law, some in the adjective. Those alone which belong which belong to the adjective branch belong to the design of the present work: but the one can not be completely comprehended /understood/ without being confronted with the other.

In neither instance /case/ will they be found in any instance to be the work /production/ of the legitimate legislator, acting as such: in every instance they will be found to be the fruit of the brain of the professional lawyer, acting in the station of a judge, and through /thru/ necessity, or by wanton usurpation, acting in an indirect way in the character of a legislator, in the track of jurisprudential law.