11 Feb y 1805

Evidence

Securities

Ch. Engl. Summary

Concluding Observat.

That cases are not wanting, in which, for the variation /diversity/ in the mode of receiving and extracting evidence, that is for the substitution of the less trustworthy mode to the most trustworthy mode, there exists a reason - but too good a reason - but too cogent a necessity, is not to be devised /has already been acknowledged/. In England then, as well s in every other country, there exists a justifying cause of diversity, in relation to the force of these spheres of procedure /mode of receiving and extracting evidence/. Be it so: but if from this position /principle/ it were t be inferred /supposed/ that any the least shadow of a reason or apology /or pretence or excuse/ for the diversity by which /in the manner that has been/ the English system is confounded and deformed, the error would be great indeed. On the part of the most trustworthy mode, physical impracticability, preponderant inconvenience in respect of delay vexation and expence - these are the only causes which, in whatsoever country has the faction can operate so as to justify /serve/ /afford a sufficient cause for/ the sacrifice of the most trustworthy mode. But in English procedure in the cases where the most trustworthy mode is abandoned, physical impracticability has never been in question: and in respect preponderant inconvenience in point of delay, vexation and expence, this collateral mass of inconvenience, so far from being diminished, will in every instance be found to be augmented - in a most enormous and palpable degree augmented, by the sacrifice /this shameless sacrifice/. In respect of expence at any rate it may be said, with every [...?] part of truth that, the departures, wide and numerous as they are form the paths that lead to truth and justice have had for their final and but too efficient cause not the diminution but the aggravation of this cruel inconvenience.