27 March 1804

Evidence.

Forthcomingness

Ch. Means

§.2. Invitations

§.1. Simple invitations.

Simple /In the character of minor/ invitations are upon the face of them so inadequate that at first glance, they might seem scarce worth mentioning in this view. But upon a closer survey, this preconception will be found to require limitation in several points of view.

In the case of a non-party /nonlitigant/ witness Neither for extraction of testimony nor for securing the appearance of the /a/ witness, can it perhaps in any individual instance be safely trusted to altogether: but for discovery it will in certain cases be seen to be neither inapplicable nor inefficient.

In appearance at least The characteristic property of it consists in its not bringing to bear upon the will of the individual, whose [...?] nor[?] proposed to be engaged in the cause of justice, any factitious motives /any motives created for this purpose/: differing in this respect one the one hand from remuneratory applications, on the other hand from compulsive ones.

If however it had not in any degree any such effect as that of applying on encreasing the action of human motives upon the human will of - upon the will either of the individual to whom /addressed by/ the invitation is addressed, or some other, this mode of application, would be nugatory and useless. Accordingly, with a single exception and that a slight one, it is capable of enlisting in the service of justice all those guardian /tutelary/ motives which have already been mentioned under the name of mendacity restraining motives: the motives belonging to the religious sanction, the motives belonging to the religious sanction, and frequently benevolence, of a more or less enlarged complexion according to the nature of the case. A truth to which the most uncultivated minds are not wholly insensible, is - that justice depends upon evidence, as well as general security upon justice. Setting aside the effect of this or that particular prejudice, in a civilized community every man conceives his duty to God or his reputation in society /among his acquaintances/ more or less concerned in giving such information in so far as it has fallen within his power as, by an address from competent authority he has made to understand is looked upon as conducive to so desirable an end.