1 April 1804

Evidence

Forthcomingness

Ch. Investigatorial

§.7. Course

At the delivering office, now becomes by reciprocation of the receiving office, Column 3 d in the Register Book for entry of the re-acceptance of the interrogative letter with the answer inserted. Column 4 the for entry of any casual answer or answers, if transmitted, as above.

On this plan of expeditious correspondence, the veracity and accuracy of the witness may and must be trusted to the security of ordinary punishment without the interposition of the ceremony of an oath. Why so? - because an oath saved is in this case a journey saved, with the certain vexation and expence, and the delays certain or contingent that may be attached to it. An oath can not be taken without a magistrate to administer it: thence, journey either of the witness to the Magistrate, or of the Magistrate to the witness: Try[?] not to speak other with preparatory correspondence, for the indefinite length of time, to secure their meeting[?].

In this case the worst that can happen, is the recurring to the ordinary mode, and enforcing upon the proposed witness the obligation of personal attendance. This is the worst that can happen from any of these misconceptions or neglects which on the part of uncultivated minds (in which case will naturally be a great majority of the people) will always be liable to take place. There is therefore much to gain by this species of procedure - viz. much vexation expence and delay to save by it - and nothing to lose. When the worst has happened that can happen, things are in no worse than the same condition in consequence of it, than they would have been in without it. Nothing of that [...?] /those [...?]/, which being sown /scattered/ with such unfeeling wantonness, over the field of procedure, infuse their taint[?] into every prescribed formulary, and render it a curse /convert it into a poison mortal to justice/.