date

2 Sept 1804 Evidence Ch.2.
2 Sept 1804

Evidence

Ch.2. Explanations

What then is nothing certain? is nothing impossible? And is this the practical fruit of you /these/ labours - the fruit /result/ at least that they seek to bring to maturity - the plunging yourself and all mankind into the abyss of scepticism - the dark and bottomless pit of universal scepticism? By no means. What I maintain is - that, as for all practical purposes of every kind - so in particular for the purposes of judicature the lights we are enabled to collect from evidence - which is as much as to say the lights we are enabled to collect from all sources put together are sufficient in the main for every purpose for which we can reasonably wish them to be sufficient: sufficient for external action, sufficient for internal satisfaction and repose.

What then is the sort of decision which by these observations it is my endeavour to remove? Not that sort of decision which is necessary to external agency, and to internal self satisfaction but that sort of a decision /blind, and deaf and impracticable/ which leads in disposition[?] to antipathy and intolerance, and in action, when it finds [...?] in [...?] of sufficient elevation - to the laying down, in the laws[?] of judicature and legislation of hasty and coercive general rules.
Similar Items
  • Title: [9 Jan y 1816 Jug. True Ch]
    Description: 9 Jan y 1816

    Jug. True

    Ch. Beginning

     Begin a fresh Colum in copying

    § Circumstances probabilizing and disprobabilizing criterions and marks of verity, internal and external—Internal are individualizing circumstances: external are indicative of trustworthiness.

    By the words probabilzing

    circumstances what then ought we to understand?

    In regard to all such facts as it happens to any man to have perception, the nature of the things has furnished certain circumstances which with reference to any statement or report that have been made in relation to them may be termed criterions or marks of verity. Criterionas of verity at any rate: and in case of actual verity, marks. Internal and external—These criterions and eventual marks of verity be they what they may will be found capable of being without improperity referred to one or other of the two classes thus denominated.

    The internal criterions or marks of verity will it is believed be found capable of being comprehended all of them, under the appellation of individualizing circumstances.

    To the head of facts indicative of trustworthiness on the part of the witness or witnesses of all description will it is believed be found referable all criterions or marks of verity other than those for the description of which the appellation of internal has been employed.

    1.

    Criterions and marks of verity, 1. internal. 2. external: criterions are in case of actual verity, marks.

    2.

    1. Internal

    Criterions of verity are individualizing circumstances.

    3.

    2. External criterions of verity are facts indicative of trustworthiness in witnesses (added to probative force of real

    evidence.)
  • Title: [March 1804 Evidence Forthcomingness]
    Description: 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.
  • Title: [17 May 1804 Evidence Forthcomingness]
    Description: 17 May 1804

    Evidence

    Forthcomingness

    Ch Investigatorial

    § 4 Rule 3

    2. In cases where a second hearing is necessary a definitive hearing is necessary, over and above the preparatory one, in the course of which testimony that has been heard already in the course of a preparatory examination, comes again to be heard on the occasion of a definitive general examination (as in the case of an English trial for a felony) it is of use that the Judge who pronounces and presides at the /such/ second examination of the same witness should have been present at the first examination of the same witness - why? because he will be better enabled in this case than he could have been otherwise /in this case he will be enabled in a degree in which he could not have been otherwise to judge of the consistency and thence of the veracity and correctness of the testimony given by the witness on the ultimate examination on the result of which the decision depends. On the first examination, a witness, whether party or extraneous witness is taken in a great measure unprepared, and comparatively speaking without being possessed of the data necessary for subservient to the purpose of concerting a plan of falshood: on this occasion the visible but undesirable part of his deportment constitutes an instructive fund of circumstantial evidence. + In any subsequent examination he has always time, and frequently data, for correcting his evidence otherwise than according to truth - for dropping or explaining away known falshoods improbabilities and self-contradictions. If the Judge present at the first /preparatory/ examination is not present at the definitive examination of the same witness, this fund, this highly instructive and unsuspicious fund of information is lost, and false lights will be apt to take its place.