1822 July 7

Constitut. Code Rationale

Established Religion none

Meantime by those by whom /whose power/ the religion has been thus established or continued to be thus supported a sort of certificate /an /a virtual/ assurance/ has been given and continues to be given that in their eyes the system thus supported is false. The side on which the witness with the straw in his shoe has been hired is the right side: but subornation of perjury is not the less the act by which the hiring has been performed: suborners of perjury the actors - and of such subornation the natural tendency and natural effect is to cause those to whom the side though by the supposition the right are to be in the eyes of those to whom the fact of the hiring is known, the wrong one. In vain would the hirers exclaim - Our side is the right one - we know it to be so: and the fear lest the Judge should be deceived into the contrary opinion is the cause why we take this method to keep him undeceived. The answer in every mouth would be were this allowed, the wrong side if it laid money enough on its side would in every case be the gainer.

Of no direct testimony /assurance/ given by the hiring /[...?]/ individual could the probable force given of his belief be rendered so great as the disprobative force of the circumstantial evidence of unbelief afforded by this hiring: by no protestations oral or written public or private: by no tears, by no turning up of the whites of eyes to the ceiling, as if to heaven.

In no case where it is men's real wish to inculcate the truth in no case do they take this method /course/ for the inculcating it. In no case in which it is a mans interest that truth /the truth on whatever side it be/ should be embraced does he take this method for the discovery of it, for causing discovery to be made of it, and the belief of it when discovered, entertained. In no case if it be a mans desire that a true and correct map of a country should be made and purchased in no case does he without having ever seen the country draw a map of his own and say copy and publish this map you shall have so much money - make and publish a map of the country from a survey of it made by yourself, you shall have nothing.