12 June 1804

Procedure (2)

Basis

Domestic

Evert family is an empire in miniature. No family in which occasion may not arise for exercising powers of judicature: No family in which occasion does /may/ not here[?] and /now and then/ arise, at one time for concerning transgressions against the advice of the chief, at another time for settling disputes between /among/ the subordinate members. Functions the same in kind, distinguished only in respect of the extent of their operation /of the ground on which they operate/, from those of judicature, are in the bosom of every family in daily exercise.

The arrangement above brought to view under the name of the fundamental arrangement of judicial procedure, accordingly is no other than that which naturally being presented by the common use of mankind and of course takes place in the bosom of every private family, as often as the importance of the occasion is such as appears to call for it /warrant it/: as often as the importance of the point thus to be ascertained, is sufficient to counteract the vexation attendant on an examination so conducted - the wound given to the feelings of the persons /individuals/ thus brought into collision with each other in the character of adverse witnesses or contending parties or /and/ adverse witnesses. To no man acting in the character of a Judge, to no man in or out of a family would it occurr to omitt these /voluntarily to these various[?]/ most obvious and efficient securities for trustworthiness in[?] the evidence, if he were /supposing him to be/ sincere and anxious in his wishes to do justice. What if temerity or want of anxiety or want of sincerity - in these [...?] deficiencies are /may/ accordingly be traced, and in the most conspicuous characters, the causes of all those endless deviations by which the infinitely diversified paths /course/ of technical procedure are distinguished from this only natural one.