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27 June 1805
Evidence
If the opinion of the Earl of Mansfield were decisive, the technical
system, with its or at least the present principle of corruption by
which it has hatched, could not stand another day. "Courts of Justice"
(says he+ + Leach 1st edit. p. 288 Newlands' case: from 1 Term Reports 290.) "do not sit to weigh the what degree of temptation the minds
"of men are capable of resisting, but to take care that they shall
"not be exposed to any temptations whatsoever." To In the case for
which the purpose of which he made the aphorism, the aphorisms besides application of the
(not to speak of its being in the bulk running counter to his own constant and
well known leaning) the purpose of securing witnesses against all
temptations from sinister interest, it in the nature of things was plainly impracticable: because
to for making sure of excluding every witness who is exposed to temptation viz: temptation to
speak false, there are two possible means, but the excluding of all
witnesses. To the purpose for which he actually adduced brought it forward what
it professed to do was impossible: but for the purpose of another accomplishing
another danger, which however he was far enough from having in
view, the prevention of abolition of the technical system, with all the quibbles
it , and all the arbitrary power it produces and supports
it would have been effectual enough, in proper hands I mean the
hands of the legislator.
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