18 April 1804

Evidence

Forthcomingness

Ch. Written

§.1. Analogy

Written evidence, partaking of the nature of real evidence in respect of its form, that is the form of the immediate source the paper or parchment belonging to the class of things - whatever under the /this/ head of securing forthcomingness there may have been occasion to predicate of real evidence, will apply /be capable /applicable/ of being/ with little or no alteration to written evidence. What conduces to the discovery of other real evidence will conduce to the discovery of this modification written evidence. The precautions /measures of precaution/ necessary for securing the appearance of real evidence, by preventing it from being shifted from hand to hand will be equally necessary and equally conducive to the obviating the like plan of evasion /concealment/ /subreption/ in the case of written evidence: with this difference that an article /apiece/ of written evidence, having no intrinsic commercial value, none but what is altogether relative, is in that respect the more expose to the danger of being destroyed in a physical sense, for the purpose of destroying it /its being destroyed/ in its character of a source of evidence.

As to what concerns the extraction of this evidence is capable of yielding when produced, in other words the making it speak - it speaks for itself in general more plainly, and in a sense less figurative than any article /piece/ of purely real evidence. This however supposes the authenticity of it out of dispute: for, supposing it disputed, the trial of it in that character supposes /requires/ a course of investigatorial proof more intricate in general and difficult than any which is usually requisite for the trial of the same point either in the case of personal or in that of real evidence.