26 March 1804

Evidence

Forthcomingness

Ch.1 Generalia

In the denomination of these several particular ends a slight change will require to be made, before they can serve with convenience to constitute /stand as/ so many heads in the ensuing pages. For the name of the result produced, we must substitute the operation by which it is or is endeavoured to be produced.

By the word discovery, the desired result is indicated /expressed/. Investigation is the process which has discovery for its object or end in view. The success of the endeavour is upon the face of it matter of uncertainty, depending on other causes as well as the agency of the individual by whom the endeavour is made. Investigation being nothing [...?] the evidence is so far at his command in all cases. Investigation therefore will be /constitute/ the head under which whatever belongs to the exertions used for the purpose of discovery will most aptly be arranged.

Investigation, considered as the /a/ task of the individual - the party - supposes the pre-existence of a tribunal with powers adequate to such a task. Unfortunately it is not in every tribunal that these necessary powers are to be found. Hence the necessity of a a measure[?] whereby this particular course of procedure may be brought to view - call in then investigational procedure. A judicial tribunal to be competent to the purpose of its institution should /must/ in the composition of its stock of powers, include powers of investigational procedure.