27 June 1804

Procedure

Evils causes

Ch.1 Generalia

'3. Remediable and irremediable

The obstacles opposed to justice by the purely physical causes of place and time can no more be annihilated than those opposed by the physical causes of death and mental derangement. But though in these cases any more than in the foregoing the inconveniences incident to judicial procedure can not be prevented and removed in toto, yet in these cases too in some instances the amount of the inconveniences may in a more or less considerable degree be reduced. In respect of the intercourse between man and man distance in point of /respect of/ time has for its most obvious and intractable cause, ---- in respect of place. But though distance between any two points in the earth's surface can not be lessened by any human ingenuity /industry/, yet in different situations /under different circumstances/, by the exertions of natural industry, more or less effectually seconded or not seconded obstructed or assisted by the exertions of the Legislator, the means of communication have been facilitated, communication rendered more speedy, and the ------ /force/ of obstacles opposed to justice by place and time together have /has/ in this way be reduced.

If under the auspices of English law, the better --- most happy institution which is of so much use to trade is as yet /has ----/ of so little use to justice, it is because, in England as else where, a m--- /man/ carries on trade for his own benefit, and administers justice, or what he calls justice for other people; it is because the profits of those traders who carry on the business of trade are encreased by everything that lessens the expence, and of those lawyers who carry on the business of justice, by many things that encrease the expence.