22 July 1804

Procedure

3 (1)

Enquiry Mode

Ch. Objection. No Jury

'.2. 1. Justice unattainable

1. Cases in which, under /in/ the existing state of things /system of procedure/, Justice never is or can be done /administered/ in the way of Trial by Jury.

Observe that the state of things in which the want of Trial by Jury is held up to view as a peremptory /decisive/ objection against the summary mode of procedure - as a greater evil than the evils to which that and that alone is capable of applying an effectual care - is the existing state of things - the existing course of procedure.

Under the existing state of things there are two causes, sufficient either of them, as far as it has place, to render the obtainment Justice, in a cause to be tried by a Jury, absolutely impossible.

1. One[?] is the sum of money necessary to be advanced by a plaintiff before he can in this way take his chance for Justice: to which ought to /will/ be added in many cases the additional sum, to the payment and loss of which he must eventually pledge himself, under the name of costs, viz. the amount of the defendants costs in case of failure. By this circumstance, so far as concerns those cases of a non-penal or mixt nature in which relief /justice/, can not be applied for but by a cause of a non-penal nature into /of/ which the trial by Jury makes a part no man who has is not in his power either to advance or to give to an Attorney sufficient security for advancing this indispensable sum, is effectually cut off from taking the possibility in this way his chance for justice. (a)

(a) Give here the calculation - Number of relative paupers from [...?] [9/10 ths] of the people here in a state of perpetual Outlawry. The relief afforded by the Courts of Conscience is good so far - but very scanty, both as to places and sums.