22 July 1804

Procedure

2 (2)

Enquiry Mode

Ch. Objection No Jury

This objection calls for these observations by way of answer -

1. Sacrificing the natural and only just mode of procedure to procedure by Jury as sacrificing /would be to sacrifice/ the end to the means. In by far the greater number of causes that come[?] actually to be decided - not to speak of the still greater number that can not be decided because prohibited by factitious[?] ruffians[?] from being commenced - Justice and the existing mode of procedure by Jury are physically incompatible. Angels could not render it in their place

2. The cases in which Trial by Jury is either practicable with advantage or practicable upon any terms, or so much as actually practicable with advantage or any tolerable chance or colour of advantage, it is capable of being engrafted onto the Natural mode of procedure, and without preponderant inconvenience.

3. The chief if not only circumstance by which the Trial by Jury is rendered so dear to Lawyers is that it is Trial with Lawyers. The proof is - that for one cause tried by a Jury, causes by dozens and scores not to say hndreds, are tried without a Jury - and the work being alike or more for lawyers /quantity of work for lawyers, being not less or greater/ - no fault has been ever found. This is but an argumentum ad hominum:- but in that character it is decisive.

4. It is only on the supposition of their own untrustworthiness the trustworthiness of professional Advocates, elevated into the station of Judges - that a Jury can be of any use /in so far as Judges - Judges made such out of Advocates are not fit to be trusted/. a set of unlearned and unpracticed /unexperienced/ Judges can be of any material use. Vita Ricardi, mors[?] Roberti[?]. Ascribe to them on this occasion to the professional Judges half the virtue so liberally bestowed upon them upon others, Juries /the unprofessional ones/ are a nuisance. Another argument ad hominum - but to a lawyer rather a perplexing one.