1 May 1804

Evidence

Forthcomingness

Ch. 3. Means physical

§.5.4. Transcriptitions

After Inspection immediately

Imitative representation. - Transcription.

4. Transcription - This, taken in its literal and most confined /narrowest/ sense is an operation, confined as to its subject matter, to the case of written evidence. It may be necessary, whether without preponderant inconvenience, the document in question can or can not itself be removed without preponderant inconvenience. In the latter case, the produce of the operation the transcript will in all events and in every state of things be an indisputable /indisputably necessary in the character of a/ substitute to the original; for the purpose of the definitive hearing and the exhibition made on that occasion of the evidence in question in the character of ultimate evidence. In the other case, it may or may not be necessary for the purpose of previous exhibition or consideration or exhibition at a /any/ time prior to that of the definitive hearing of the cause: if the contents of the document are compleatly foreknown by the party who will have occasion to exhibit, transcription at an early period, and for the purpose of consideration, is of course unnecessary, but if in any point it fails of being compleatly foreknown, transcription may be necessary /requisite/, and the necessity of it will be more and more urgent in the proportion in which the contents of it fail of being foreknown: the necessity of the transcription will be more and more urgent: insomuch that a case may easily happen in which a refusal of the liberty of transcription, shall be tantamount to a refusal to cause or suffer the source of evidence to be produced at all - in a word tantamount to a denial of evidence, which is itself tantamount to a denial of justice.