10 July 1804

Procedure & Evidence

Evils causes

Intricacy

Confusion is the fruitful parent of all mischief /evil/: of honest error and prejudice in some minds: of fraud and self-conscious sophistry in others.

It is in the confusion produced by the general inattention to so important and whenever ---- /pointed out/ so seemingly obvious a distinction that we may discern /may be discerned/ the most plausible or rather the only plausible ---- or apology that /which/ the undiscriminating panegyrists and champions of the law /existing abuses/ can find to make for the general degree of uncertainty, delay, vexation and expence /dilatoriness, vexatiousness and expenciveness/ with which the system of procedure is so notoriously and justly chargeable. When the causes of complication - and thence of delay, vexation and expence are so abundant and so fruitful /prolific/ - with what degree of reason or justice can any /a/ man expect that a system of procedure should be a simple object that erroneous decision - decisions contrary to the merits should not every now and then take place - that the proceedings should in all cases be with /exhibit upon the face of them/ a degree of delay, vexation, and expence - such as to an ignorant eye, or to a superficial view can not but /will naturally enough/ appear unnecessary and indefensible.