March 1804

Evidence

Forthcomingness

Ch.

§.1. General views

Ch. Means for the obtainment of evidence.

Upon a general and even hasty view /transient glance/ several propositions /observations/ all will present themselves: observations the bare announcement of which will serve to throw /suggest/ upon the subject few leading lights, the truth of which will, upon a closer scrutiny, be found to be confirmed /preliminary conceptions the truth of which for the most part receive confirmation /stand confirmed/ by a closer scrutiny/.

1. A system of arrangements compleat for all purposes and on all occasions can not be formed without a combination of these several modes of application: simple invitations, remuneratory applications and compulsory applications.

2. Discovery being attained, for the securing of deposition as well as personal appearance on the part of the witness compulsory applications will in general be necessary, as well as /and will in general be/ sufficient.

3. The principal /chief/ and almost only use of remuneratory applications as well as simple invitations, is for the purpose /obtainment/ of discovery.

These general observations /views/ being premised /borne in mind/ we shall be the better prepared for a more particular estimate of the nature /efficacy/ and relative congruity of the three several modes of application separately considered.