15 April 1805

Evidence

Securities

Ch. Procedure Technical

''. Allegation is Evidence

The evidence by which the man of law is prompted to raise to its maximum the number of malâ fide suits has already been brought to view: that such should be /have been/ his endeavour is a natural, not to say a necessary consequence: in the encouragement - the efficiency coupled with the permitt[?] given on this occasion to the initiative mendacity, we may see the instrument employed by him, on this occasion, for this purpose.

What has thus been applied to the initiative instrument by which a suit is commenced on the part of the plff, applies with equal propriety to every other instrument and /as well as/ to every other step by which, on either side, the suit is continued and carried on: still the same indulgence, still the same encouragement, which to the malâ fide suitor, plff or defendant, is a sine quâ non, and for which a bonâ fide suitor has not, in either station, any use.