20 Jan y 1808

Scotch Reform

Letter V

Ch 5. Malâ fide Appeal

how prevented

Truths thus obvious to common sense - to the very plainest common sense - are they perceived by these sages, or not perceived? if not perceived, what are we to do think /shall we say/ of their discernment? if perceived, what are we to think of their honesty.

In many instances, probably enough they are not perceived: such is the terms[?] of the affection over the understanding /intellectual part of mans frame/. There stands the trouble in full radiance before their eyes: but the radiance /its light/ is painful to them: they shut their eyes against it, or turn aside from it:

By the force of interest and passion[?], what is there so obvious that a man may not be made not to see /kept from seeing/. he has but to turn aside, or shut his eyes - What so absurd and monstruous, that by the same force he may not be made to believe? he has but to turn his eyes /keep his eyes wide open/ and turned towards the arguments that plead in favour /consideration that operate in support/ of it: to shut his eyes against or turn them aside from those /the arguments //the considerations/ that plead against it,

Classes of judications in this country, as in most other European countries (I have already said it) two[?]:+ Courts of Natural procedure, and Courts of technical calling itself as if exclusively, regular procedure. Object of the Courts of Natural procedure works created by the fruit of the wisdom and beneficence of the legislators, their object to prevent a man from taking advantage of his own wrong. In this their pursuit they for the most part operate /act/ with success: with success not in making compensation for the wrong, but because by the dispatch they give, by the success which attends them and curious[?] to avoid the production of all superfluous expence vexation and delay, they reap the wrong with the bad.