2 April 1805

Evidence

Securities

Ch. Punishment

The power of oppressing /oppression/ thus included in the [...?] mentioned thus given to parties thus given to allegations, is beyond measure more effective /more salutary to injustice, more fatal to justice/ than if given to testimony /testimonial [...?]/ given to witnesses in (viz: extraneous witnesses) and to parties in the character o f witnesses. By mendacious testimony, no point or [...?], any further than as it is believed /obtains evidence/: and being by the supposition mendacious /false/, the preponderant probability is that it will obtain evidence. gut that /in order that/ by means of these mendacious allegations a malâ fide suitor should gain his point, it is not necessary that the allegation should in the end have any the smallest chance of obtaining evidence. The object is to make the suit more as a certain length of way: viz: the length of way which in virtue of the pre-established order of things it travels of course in consequence of the exhibition of an allegation to that effect. This length of way it is sure to make: for the mother of this pre-established system - the Judge, for the purpose of holding himself warranted as subjecting the other party to take[?] the ulterior steps in question, the Judge, be the allegation ever so flagrantly mendacious is predetermined to take it for true /act as if it were true/ /believes it to be true/. or what comes to the same thing, to avoid seeing out the falsity of it, and to act in a manner in which /in point of justice and honesty/ he could not be warranted in acting, upon any other supposition than the certainty of its being true.