date

1820 Oct. 15 liberticide measures §. 2. Press
1820 Oct. 15 liberticide measures §. 2. Press liberty

In the Anglo American United States the difference /diversity/ in question has

no place. Of the absence of it however the cause is simply the not treating

/forbearing to treat/ the imputation in the case in question on the footing of a

crime: and thence to judicial enquiry in the mode employed in cases treated on

the footing of criminal causes. When it was treated on the footing of a crime

the mode of judicial enquiry was different in the case of a functionary from

what it was and is in a case between individual and individual. For in regard to

judicatory forms of procedure and rules of evidence, since the emancipation

these for the most part continue to stand on the same footing as before it. The

courage of those republicans has enabled them /sufficed/ to emancipate

themselves from the tyranny /yoke/ of the English Monarch, but their good sense

has not yet enabled them to emancipate themselves from the tyranny /less

conspicuous yoke/ of the English lawyers, to whose sinister interests their own

lawyers are worthy successors.
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    at this moment under the yoke of a license? O yes: and so they have been for

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    III. or 3. In the case /situation/ of a functionary Where the person whose

    reputation is the object of the imputation is a public functionary in case of

    made juridical procedure whether for punishment or satisfaction in any other

    shape, neither should any different judicatory nor any different form of

    procedure be employed, other than what is employed in the case of a

    non-functionary – a private individual a person not in office.

    Reasons. In every case the object of judicature /of the system of procedure or

    adjective branch of the law/ is to pronounce right decision – decision

    conformable to the text of the law /substantive branch of the law/ if there is

    any text to it, or to what is feigned to be law, if there is no such text, and

    to that purpose to collect in the most apposite manner such evidence as the case

    happens to afford with relation to the facts and to draw right conclusions from

    that evidence. As this is the object in the one case, so is it in the other: the

    end being the same, the means ought to be the same.

    For /By/ whatever reasons by which this identity of judicatory and procedure is

    prescribed in this case by the same, almost without exception /with scarce an

    exception besides that which is formed by military cases,/ it is prescribed in

    other cases.

    But as in this instance the interest of rulers so in other instances the interest

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    thence to complication without end.

    In these as in other cases that for strengthening of the government have been

    treated as criminal ones, the great object is the conviction and thence the

    punishment of /execution of the law upon/ those to whom the provision made of it

    has given the name of guilty: of the not guilty the example from punishment has

    been the minor object. So likewise has the decision of differences between

    individual and individual. In causes of this latter description it has

    accordingly been left to the lawyers to introduce complication almost without

    stint: judicatories and forms of procedure abundantly diversified.