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1826. Septr.
Procedure Code
Ch. Evidence
(1 §. Veracity security
all embracing
Oath none
Reason
(3)
☞ As to Oath see Judge Parker's conversation with the Morn. Chron.
Sept. . for the day see the Reference Paper.
Question 1. For enforcing the obligation of veracity
to a judicial purpose, why not employ, as hitherto
has been the custom, the ceremony called an
oath — the ceremony called the administering and
taking of an oath?
Question 2. Why give this uniform universality
to the application of the instrument to wit the
punishment employed, for securing the veracity
of every assertion made on a judicial occasion,
or immediately or eventually directed to a
judicial purpose?
Answer. The questions are put together, because
one and the same set of answers are
required for each, and may therefore serve
for both.
If on any one judicial; occasion, veracity
is a needful handmaid to justice, so is she on
every other. True it is that a in individual instances
the importance of veracity is subject to diversification
upon an infinitely extended scale, but
this is only because so is that of justice. What
requires consideration, in addition to the importance
of veracity in this or that individual
case is the importance of the habit of veracity
the inbred habit in all cases as a security
for justice.
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