date

13 Apr 1803 Object On this
13 Apr 1803

Object

On this view of the subject two tasks present /appear/ themselves as comprehending every thing that the law has to provide for in relation to evidence: on the part of the plaintiff to find out and exhibit in support of his demand and in sufficient quantity such evidence as the nature of the case happens to furnish: on the part of the defendant [marginal] to weaken the impression made by the plaintiffs evidence; or, if it be in his power /the case admitts of it/, to encounter and overturn it by a propellant force /weight/ of counter evidence: on the part of the Judge, to weigh, by such scale as he is master of, the force of the evidence on both sides. To find evidence and to weigh the force of it when found such are the phrases /problems/ which present themselves as expressing between them every thing which there can be to do on the subject of evidence - appear /seem in a word/ to contain /express/ every thing that. To do what is to /can/ be done for the purpose of enabling the parties to bring together and exhibit whatever mass of evidence the nature of the case furnishes or can be made to furnish - such it would seem is the service which the legislator has to render to the plaintiff and the defendant in their respective characters and situations. To give /frame/ instructions for the guidance of the judgment in the operation of weighing the force of such evidence as happens to be produced such is the service /assistance/ which presents itself as necessary to be rendered /afforded/ by the legislator to the judge.

in his support of his demand having for its object, if in the non penal [...?] the right in claims, if in the penal [...?] satisfaction to be made to him at the expense of the defendant, or ulterior [...?] or both together as the case may be.
Similar Items
  • Title: [14 Apr. 1803 Evidence Object]
    Description: 14 Apr. 1803

    Evidence

    Object

    Supposing all questions /points/ of law out of dispute, the requisite mass of evidence being presented - the mass of evidence requisite to serve as a /constitute a proper/ ground for the decision prayed for being obtained, the decision follows of course. On the other hand two difficulties two grand heads of difficulty attend the presentation of the requisite mass of evidence thus described. One is the general difficulty as above stated which opposes itself to the presentation of evidence in all cases: the difficulty of obtaining it for that purpose. The other difficulty /obstacle/ is the difficulty of determining in each case whether the mass of evidence presented in each case /instance/ comes under the description of the /a/ requisite mass of evidence.

    Two functions /question/ - two fundamental and all embracing tasks present themselves in this point of view to the legislator: in the first place so to order matters that so far as the nature of things admitts, the requisite mass of evidence shall be forthcoming and presented. in the next place, that whatever mass of evidence comes to be presented to the Judge under the notion of its constituting with reference to the point in question the requisite mass of evidence, shall operate upon the mind of the Judge ad hoc in that behalf with its due and no more than its due portion of persuasive force. To find out in each instance the requisite mass of evidence or including such ingredients of it as are to be had /the case happens to furnish/ is the task that falls naturally to the share of the parties, and /but/ in a more especial manner to that of the plaintiff:+ what they stand in need of is the mass of legal powers requisite for the purpose. For this it is that they /their dependence is/ upon the legislator: whose assistance on that behalf commands and includes that of the Judge. and to supply them with this requisite stock of powers is the principal and most efficient of the two services, with the rendering which on this occasion as abovementioned, in point of moral duty, he stands charged.

    + Deportation[?] to show that justice is generally on the plff's side.

    for the purpose of the opposite decisions respectively contended for by them.
  • Title: [14 Apr. 1803 Evidence Object]
    Description: 14 Apr. 1803

    Evidence

    Object

    In the instance of /In regard to/ the other of the two problems the

    solution of it will as readily be seen not to belong /recognized with equal readiness as not belonging/ to the subject of Procedure. - Why? for the opposite reason: because for the purpose of doing what depends upon the parties concerned towards the solution of it - on the legislator in his department - or the Judge in his no special steps /no fresh steps/ are to be taken in each particular /individual/ instance - in the instance of each individual cause, by the Judge - the parties or any body else. To The legislator it belongs according to the measure of his wisdom to furnish the requisite lights - to exhibit the requisite instructions: to the Judge according to the prescription of his duty and the measure of his wisdom to conform to them - make application of them respectively to each particular case.

    For the use of English lawyers books [...?] extant in considerable number confined by these titles as well as in their contents to the subject of evidence. In these several books, [[in margin:] professing accordingly by their titles to have for their subject such part and such alone of the field of Procedure as belongs to Evidence] the questions /topics/ /discussions/ stated /discussed/ have been principally and almost exclusively confined to points belonging to this second problem. In the present work the field of enquiry is therefore with very little variation commensurate to the field of enquiry assumed by such books already extant as exhibit the same title.
  • Title: [[...?] [...?] [...?] [...?] + Ch.3. Great]
    Description: [...?] [...?] [...?] [...?] + 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 [...?].