28 March 1805

Evidence

Securities

Ch. Procedure Natural

''. Judi. Powers necessary

But though the mode of enquiry that naturally takes place in domestic /the domestic/ judicature is a model which to the extent of it can not without injustice be departed from in political judicature, powers will readily present themselves without which the domestic judicial system can never with any sufficient appearance of efficiency /of adequate efficiency/ be applied to any such public purpose. These are

1. Powers for securing the forthcomingness of persons at whatsoever distance whether in the character of parties or of witnesses.

2. Powers for securing the forthcomingness of things, to the like extent whether in the character of sources of real evidence, or in the character of subjects or objects of property - elementary parts /components/ of the aggregate mass or stock of the matter of wealth, wheresoever situated, in other words for converting this matter of wealth into the matter of satisfaction - punishment in general pecuniary satisfaction, according to the nature of the case - (in as far as human frailty admitts).

3. Adequate powers of punishment adequate to the purpose of securing the veracity and verity on the part of persons (parties included) in the character of witnesses: including the power of subjecting mendacity, by the intervention of an oath /the ceremony/, to whatever may be the pains attached to perjury.

Such are the principal powers requisite for the making /rendering/ the domestic system of enquiry applicable with effect to the purposes of public judicature. But as to the mode of enquiry, it will not (it is evident) be the less entitled to the epithet of natural, whatever may be the powers superadded for the purpose of giving it effect when employed upon the enlarged scale of public judicature.