9 June 1804

Procedure

Ch. Basis

One case indeed there is indeed in which it must be confessed not to be to the man's advantage in the character of a party to proceed at any such meeting: and that is that if he is /that of his being/ conscious of being in the wrong. In that case, the meeting is to him a fiery trial: in the character of a witness - an unwilling witness - he is made to contribute to it. Accordingly it is with the dishonest sectors of all classes, unless in all sorts of causes - final and non-final we may be well assured - as well as if [...?] history had informed us - that the /it is with them/ propensity /anxiety/ to avoid /shrink from/ all such meetings, and to collect pretences for it from all quarters, originated /lock its [...?]/. This eagerness could not be seconded by professionals /men/ of all descriptions to whom /in whose hands/ the expence of the suit was /converted itself into/ a source of profit. Emolument, regulation, incomplete[?] - in every respect the most dishonest of men is the best and most acceptable of clients: Judges in all literary[?] countries hearing more especially in the [...?] [...?] of jurisprudence the interest the [...?] and the pretence for [...?] /[...?]/ with the dishearted /mada fide/ suitor, and saving him from this disgrace, for serving the suit and the profit extractable from it from being thus put to an untimely end - this catastrophe has accordingly in all countries been coverted. The [...?] which he could have been ashamed or was afraid to utter with his own life, was spoken for him by his agent, from whom the refutation of it could not be extracted upon the spot, and who on any subsequent [...?] would always have the pretence of mis[...?] or mis instruction to resort to for an excuse.