28 April 1804

Evidence

Forthcomingness

Ch.2. Means Courts

Ch.2. Means of ensuring forthcomingness.

1.[?] Courts with appropriate powers and observation.

What ever may be the means provided /afforded/ by the law for the obtainment and presentation of evidence, the degree of effort with which they are capable of being applied, will depend upon the powers possessed by and obligations encumbent upon the Court of judicature by or by the authority of which they are to be applied. What concerns the general constitution of this department of government is a subject /[...?]/ /the powers which should be given to it in its several branches - the obligations that should be attached to these powers constitutes a field of enquiry/ by far too extensive to be included within the limits of the present division or any other division of the present work. But among the leading features of it there are a few /three/ the mention of which can not be here admitted altogether, since it is upon these that the possibility of accomplishing the ends in view in any tolerable degree of perfection depends for its existence. These are

1. Sessions Uninteruptedness /uninterrupted/ of the /session/ sitting of the Court.

2. Judgement Seal ambulatory.

3. Powers investigational: i.e. competent /adequate/ to the following up a chain[?] of indicative evidence: by receiving evidence adequate to the receiving of evidence in the character of simply indicative evidence evidence of all sorts, fit or not fit to enter into the composition of the mass of ultimate evidence.