18 June 1805

Evidence

Introd

Ch. Procedure Technical

''8. Mendacity encouragement

limited to parties

To mendacity, (and its /not to speak here of its next of kin/ temerity) two distinguishable checks are opposed, wherever it is seriously wished to be prevented: punishment and cross-examination: terror of future contingent punishment under the name of punishment in a large lot, and present shame, which in itself is in effect a present punishment. + Of what concerns punishment, as well as of what concerns judicial examination mention will be had /consideration will be had/ in detail, in their proper places: suffice it here to call to view in general terms the necessity, the indispensable necessity of one or both of those securities.

What, then is to be expected of a system which [...?] as it were cautiously to apply either of these securities, or any other unless it be in the shape of costs the prospect of an inadequate drawback to the profit of the mendacity at an indefinitely remote as well as future contingent period, puts it in the power of either party, upon the mere condition of pronouncing or enquiry or existing which his professional agent pronounces or signs a certain form of words, puts it in the power of either party to drag his adversary through a totally [...?] mass of vexation, expence and delay for a series of months or even years.

I open a book of French Procedure. it consists of no fewer than most closely printed 40 /10/ pages. It is stock[?] full of formularies. From beginning to end neither in any formulary, nor in any other part of the book in I find any mention of punishment as for mendacity or honesty on the part of either party, or on the part of any professional agent of either party, or so much as the ceremony of an oath, much less any such security as that of cross-examination by the adverse party in the presence of the Judge. decrees upon decrees are fixed, allegations and received, necessity of counter allegations respond[?] upon the adverse party, examination in the dark and secret way there is without opportunity of cross examination, examinations upon paper in a never ending string granted on one side required and rendered necessity on the other, all these sources of vexation and expence and delay set running in full streams, upon no better ground than a written assertion or even [...?] without assertion, on the part of a lawyer /humbug agent/ to whom every lie is a source of profit, and all this without any the slightest security for the truth of any thing that he says.

Securities - the Punishments

Securities