date

[...?] [...?] [...?] [...?] + Ch.3. Great
[...?] [...?] [...?] [...?] + Ch.3. Great Result. 13 Apr 1803 Evidence Plan

Object

Ch. 4 Ch. Plan of the Work Object of Procedure in regard to Evidence so far as

Evidence is concerned.

Such being the ends /objects/ that ought to be kept in view in the adjustment of

the system of procedure - such the objects /ends/ to the accomplishment of which

every regulation made on the subject of it ought to be directed - such

consequently ought to be the ends to the accomplishment of which every

regulation made on the subject of Evidence ought to be directed. Upon the face

of it the exhibition of the evidence on both sides ought to be not only the

principal part of the business of procedure, but at most the only business. When

the case is proved /The case being proved/, decision one should think /a man

would be apt to think/ would follow of course: and what else can there be for a

man to do but to prove his case? Such is the question which plain sense

unobscured by false /[...?]/ [...?] would be apt naturally to suggest. Thus it

is accordingly in the domestic tribunal: thus it is in that system of procedure

which is as [...?] as mankind, and to this day furnishes the standard, the most

instructive standard to which the practice of other public tribunals can be

compared.

But Unhappily in the established systems of procedure the subject /topic/ of

evidence makes no such conspicuous figure /appearance/: the quintessence /this

part - this most essential part/ of the business is diluted and in a manner

drowned in a profusion of words /formalities/ the use of which is concealed from

vulgar eyes by the rest of an unintelligible nomenclature. the use and purpose

of which seems to bid defiance to the severest scrutiny.

Application of the law excepted, every thing seems to depend /presents itself as/

- and to depend solely upon evidence. If sufficient evidence is produced

evidence sufficient to warrant the decision prayed for by the Plaintiff in the

present cause punishment and satisfaction are applied where due: on[?] a non

penal rights not conferred where due. Is the whole or any part of the necessary

mass of evidence wanting? punishment - satisfaction can not be applied - rights

can not be conferred - though due: convinced on the part of the Defendant.

Exhibit the requisite mass of evidence, the decision is secure. In the mass of

evidence on the plaintiffs part deficient in any respect, or outweighed

/overborne/ by a propellant[?] mass of evidence on the part of the defendant the

object of the plaintiff is [...?].
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    On a question belonging to procedure, by a decision on a point foreign /contrary/ to the merits I understand any decision by which the ultimate ends of procedure are either of the disfulfilled.

    1. Fulfilment of the productions issued by the part in question of the substantive branch of the law: 2. avoidance to produce vexatious effects not predicted by the part in question of that substantive branch: - but more especially of the first of these two ends which is the main end and that one of the two which is most apt to be disfulfilled /exposed to be in this way disfulfilled/.

    A decision of this sort will accordingly have taken place to the prejudice of the demandants side, as often as of punishment or satisfaction fail to be \have been\ applied and rights to be \have been\ conferred, the decision from which such failure results, being grounded on any other consideration than that /the -------/ such punishment, satisfaction, or rights were respectively not done, viz: according to the prescription of some article of substantive law: to the prejudice of the defendant's side, as often as punishment /a punishment demanded/ or the obligation of rendering the /a/ satisfaction demanded - or the obligation corresponding to the right demanded, has been imposed on any other ground than that of their being regularly due: viz. according to the prescription of some article of substantive law as before.
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