27 March 1804

Evidence

Forthcomingness

Ch 1 Generalia

§.3. Means 1 Powers

Thus much for the present respecting the powers capable of being created by law and applied to the purpose of securing the forthcomingness of evidence. A further view, more and more particular, will be given of them, as we advance. But, be that what they may, the efficacy of them will in any great degree be dependant, on certain leading feature in the organisation of the Courts of justice to which the application of these powers /task of applying it/ is committed. The exhibition of these leading features will be the business of the next chapter.

In speaking of psychological means, and saying that all three varieties of those means are capable of being applied as well to the extraction of testimony from a witness, as to the ensuring /securing/his appearance, I speak only of what is possible, not of what is eligible. Applied to this purpose the inability of simple invitations - as well as the impropriety of remuneratory applications, strike the mind at first glance.