action against any one; and to add to his misfortune, he has for ever lost his reputation. Why ? Becaufe his joints have been dislocated; a circumstance which ought rather to inspire compassion and respect. The discovery of crimes, say they, requires severity ; it is a war of human justice against iniquity. But there is generosity and compassion even in war. The brave are ever compassionate; and shall the law delight in barbarity?
LET us compare the criminal procedure of the Romans with ours. With them, the evidence were heard publickly in presence of the accused, who might answer or interrogate them, or employ counsel. This procedure was open and noble ; it breathed Roman magnanimity
WITH us, all is conducted in secret. A single judge, only attended by his clerk, hears each witness separately. This cuitom, established by Francis I. was confirmed by the commissioners who were employed to digest the ordinance of Lewis XIV. in 1670;
