24 May 1804

Evidence

Forthcomingness

Ch. Monitoires

§.2. Utility

If danger were apprehended, but the mode of stating the nature of the evidence sought should, in the manner of a leading question, + be too instructive, and the statement made for that purpose might previously to its being handed over to the Ecclesiastical Minister, be submitted to the inspection and allowance of the lay Judge. But, in the form /instance/ of common advertisements, as well in the format of posted bills as in newspapers, statements for this purpose are made public in every day's practice, without any such check either of this sort or any other. Why then not trust to advertisements /each [...?] to trust these free channels of communication/ as at present? - For this reason: because even in England, not to speak of less populous and less opulent[?]= countries it is only in considerable towns that such channels are sufficiently /easily enough/ accessible for the purpose: and because in the cases in question, /this way//[...?]/ the force of the religious sanction is not employed to call the attention of men to the subject, and dispose them to render to justice the service demanded at their hands.

What makes /A circumstance that in England renders/ the want of this aid of the religious sanction on this occasion the less sensible, is the assistance which in a preeminent degree seems to be afforded to the like purposes by the force of the popular or moral sanction, the instrument /sound affection/ called public spirit - sympathy with the public - sympathetic concern /regard/ for the public interest - included. In the case of a murder for instance that which in so many parts of Italy is no mans business, is in England every mans business. But this salutary affection would scarcely found to be coextensive with the demand for it on the score of justice. In causes non-penal it would be apt to be too faint for any active purpose, how great soever might be their importance: and in certain cases of a penal nature, smuggling for instance, so far from being to be depended upon for any efficient aid to justice, it is but too apt to act on the other side.

+ In B. [Examination]