20 March 1808

Letter V

§.6. Reasons

Ends of Justice

Fallaciousness Causes

Factitious Causes, Negative.

1. Want of an all comprehensive system of arrangements for the collection and perpetuation of pre-appointed evidence as above. {See Non-forthcomingness of the Evidence}.

N.B. To the more effectual prevention of deception, absolute exclusion of all evidence but the pre-appointed evidence in question is not necessary nor conducive in general: since, there is no sort of evidence whatsoever, unpre-appointed or pre-appointed, but what by force, fraud or accident is liable to have been rendered incorrect, obscure, ambiguous or incompleat. The sincerities, or indications of trustworthiness, by which preappointed evidence ought to be and may in general be corroborated, will give it a proportionable advantage against any ordinary evidence that may come into competition with it.

2. Omission to apply to all cases alike, (where practicable without preponderant inconvenience in the shape of a vexation, expense and delay, in addition to the above natural securities for correctness and compleatness, the political, viz. the penalties attached to the violation of a testimonial oath or solemn affirmation: including also those securities which are constituted by the adoption of the mode of extraction and if need be registration, but adapted to the exigence of the case: statement in the first instance without, but always eventually subject to examination: examination oral or epistolary, or both, together or successively.

3. Omission to put an exclusion upon evidence extracted by a less trustworthy mode of delivery or extraction (as in case of pleadings without oath), when, without preponderant inconvenience as above, it may be obtained in a more trustworthy shape from the same source: as in case of pleadings upon oath.

4. Omission on the part of the Legislator to furnish to the Judge an all-comprehensive system of Instructions for his guidance in respect of the appertaining the probative form of evidence.