3 March 1804

Evidence

Securities

Ch. Procedure Technical

Declaration of bona fides

Examples

The torrent of mendacity has thus far been checked. But by the degree and mode in which the check has been applied, it affords a much more /less/ copious indication of the [...?] and industry /indifference and negligence/ of the legislator, it there were any such person, in the numerous and extensive instances in which neither this nor any other /it has not, any more than any other/ has been applied, than in the few and scanty instances in which it has ben applied.

On a general view, all these patches are but so many partial [...?] and those most palpably as well as deplorably inadequate to the manifest and only adequate /effectual/ remedy - personal appearance of the /both/ parties, in the face of each other and of the Judge, at the outset of the cause, in readiness to declare each at his own instance, and to be made to confess each at the instance of the adversary, under the sanction of an oath, whatsoever facts are pertinent to the cause, and the respectivity within their knowledge.

This and this alone saving only the few and [...?] exceptions which casual necessity prescribes - this and this alone is righteous and honest judicature: every thing else /other commencement of a cause/ had professional extortion for its object, has injustice - direct and collateral - injustice in all its shapes for its effect: direct, but too frequently; collateral in its triple shape of vexation, expense and delay constantly and invariably.