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12 June 1805
Evidence
§. Objections to simultaneous personal appearance, in , Judice
In government no arrangement that has not its inconvenience: none
therefore that is not exposed to objections, which that, conclusive or inconclusive, are may be
at least as far as they extend, well-grounded ones.
To the arrangement here in question, the following objections are will be
found the most plausible, as well as the most obvious. As far as they
go, they have their weight: but that is no cast in which weight will be seen to be weight is but
compared with the those weights on the opposite scale.
1. What a vexation what a hardship! to an honest man, to
be forced into a Court of Justice, kept there for any length of time, at the call
of any dishonest man, and over and over again at the call of any
number of dishonest men!
Answer 1. Be this as it may, this is not more than what may happen
every man is exposed in the character of a witness any man
is exposed to, ever has been, and ever will and must be. Which is
the greatest hardship to a man? to suffer this to bestow this labour about his own business,
or to bestow the same labour about what is not his business?
2. Besides the vexation of months and or years, The others to the
two parties, by the simultaneous attendance of those two persons for a small
part of a single day, the attendance of any number of persons in the
character of witnesses may be saved – and this will be the case of much
oftener than otherwise.† † See
3. In any country labouring under the oppression burthen of the technical system of procedure
3. When on the occasion of a suit at law, the subject of the vexation attached to
personal attendance is considered of on the instance of the parties either party, is
started, the quantity quantum of vexation that will be apt to present itself to the mind will
naturally be the amount of that which the professional assistants
of that party are obliged undergo to bestow at present and for which they are paid accordingly. But the fact truth is, that
in all ordinary cases, the necessity for such attendance is, as to all
but a trifling comparatively inconsiderable portion of it, factitious; is created by the substitution of the
technical system to the natural, and under the natural would have no
existence: is created by the non-attendance of the parties, and therefore
would not be created by exist in case of their attendance.
Identifier: | JB/058/278/001 "JB/" can not be assigned to a declared number type with value 58.
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