1 April 1804

Evidence

Forthcomingness

Ch. 5 Investigatorial

§.5. Connection between investigatorial procedure and examination per judicum.

The existence of a connection between investigatorial procedure and examination per judicum - examination conducted solely by a Judge - is matter of fact: exemplified in a procedure of various continental nations. The fact is notorious. To point out the reason of it, meaning /understand/ the historical reason, may not be without its use. /may serve to throw upon the subject some ulterior lights/.

This is a /an entire/ class of causes, penal causes and that a very extensive one in which no one individual more than another has any natural interest to prosecute: offences striking against the government as such without affecting an /any/ individual more than any other. Striking with peculiar force against government - and thence against the members of government as such - against that body in which the construction /composition/ of the legislation /bodies of the laws/ depends, this is the class of offences to the suppression of which the exertions /ingenuity/ of government will naturally be directed with peculiar industry /energy/.