29 April 1804

Evidence

Forthcomingness

Ch.3. Means Physical

3. Inspection

3. Inspection. By this word we are presented with the idea of an operation to /by/ which, considered in the light of a purely physical no degree of /scarce only/ vexation could be attached /be produced/. Corn can not at this time of day be blasted by being looked at: person or thing, no alteration of a purely physical can be produced in the object, by its being subjected to this process. By the penetrating glance of an improperly curious eye, - in a manufactory, in a library table - in a bedchamber - secrets indeed may be disclosed, secrets over and above the facts the disclosure of which a man is entitled to for the purpose of legal evidence, and the degree of vexation producible by the disclosure has no assignable limits.

The case to which this operation is more particularly though not exclusively applicable, is that of written evidence.

In this case the vexation producible by inspection wears a very different complexion, according to the nature of the source of the evidence /evidence/ - according as the evidence belongs to the head of contractual or other pre-appointed evidence, or that of casual evidence. In the first instance the script generally speaking can not but have been intended, or at least ought to have been intended for public inspection: for the inspection, if not of every man indiscriminately at least of every man interested in point of right /deriving a right thereto from special interest/, and at any rate of the Judge. In this other instance - as in the case of a letter, a memorandum book - a private correspondence - the matter spoken of in the script may be such as were intended to be carefully concealed from every person than the individual addressed - such as no one else has any legal interest in being acquainted with, and such as source any person could be made acquainted with without serious inconvenience and acute mental suffering to the parties to such correspondence.