10 July 1804

Procedure & Evidence

Evils causes

Intricacy

On the other hand, as the ----- becomes more and more particular /as we descend to particulars/, the proofs in ------ of any /all/ such proposition will be more and more conspicuous and abundant.

1. In the first place in both sorts of Courts the mode of procedure is exactly the same in the most simple cases of which they have cognizance respectively as in the most complex cases. Therefore in neither is the natural complexity of the case the cause of the complexity of the mode of procedure.

2. In the Common Law courts the arrangements out of which the frequency of wrongful decision (decision in favour of the party in the wrong, on points foreign to the merits) and the super abundance of delay, vexation and expence arise, are arrangements which have nothing with the nature of the cause in respect of simplicity or complexity. They apply alike to the most simple and the most complex. (a) And taken ----- in the mass are as is by far the greater part of that mass alike superfluous and in every one of those respects pernicious in both instances.

(a) Except only those suits in which the cause of complexity is the unforthcomingness of the defendant. In this case, it is obvious that arrangements must be applied and brought into use that have no application where the person on whom the demand is made is forthcoming, and appears in the character of defendant in the suit.