16 May 1807

Judicial Injustice

Prevention of application for relief are

1. General - common to all systems: 2. particular, viz. to English system.

But on a closer inspection it will be seen, that cases are no where wanting in which injustice to any amount and in any of its shapes may be done in the way of judicature in the Courts below, applications made to the superintending judicature for the redress of such injustice can not reasonably be expected.

The circumstances by which such application is capable of being prevented may be distinguished in the first place into natural or general obstacles to application, and particular or factitious obstacles: 1. general; viz: such as are common to all countries and all systems of procedure, the natural not excepted: 2. particular; viz. those which are peculiar to the technical system, and in particular to the English branch of it.

Natural obstacles to application, are 1. the natural and avoidable vexation, 2. the natural and avoidable expence, whatever vexation and expence may, in the individual instance in question, happen to be naturally and unavoidably concomitant to the operations necessary to be performed for that purpose.

2. the death or other physical disability of the party originally interested, in every instance in which such disability is not made up for by the ability coupled with adequate interest on the part of some other person in the character of his successor or representative.

In addition to these natural obstacles, factitious obstacles unquestionably to a greater or less amount [may] be found in every mode of the technical system wheresoever established: and these too over and above the mass of factitious delay, vexation and expence which in a greater or lesser proportion is the unseparable concomitant of the technical system wheresoever established.

The English branch of the technical system has obstacles that are peculiar to it. These are here mentioned in the mass pro summariâ[?]: further on a particular and distinct enumeration of them will be endeavoured to be made.