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[094-304v]
22 May 1806
Evidence
'. 3 [...?]
Why all this argumentation about a transcript? If it is not here now, why not produce it tomorrow? Why not produce the original at once? Such is the question /the difficulty/ that can scarce fail to present itself to a common [...?], especially in a case where it is seen that the original is in existence, and producible without difficulty.
This is but one amidst a list of questions, all [...?] /difficulties and all [...?]/ with difficulties that will be continually presenting themselves to a man who sets out with [...?] notice that the ends of justice have been the real ends of judicature: who suffers himself to be led away by the supposition, that the forms /by which the procedure of [...?] is distinguished from that of [...?] Judges/ have been directed any of them to any better object, than the making two seats out of one.
Tomorrow? Yes: tomorrow the original may be produced, should the want of its production chance to survive all the accidents with which it is beset, should it escape all the scares that have been laid for it. Tomorrow? - but on what to-morrow? a tomorrow which, if it comes at all, will come at the end of twelve months , or at the earliest six months time: and which, whenever it does come, will come loaded with "double double[?] toil and trouble", and above all with double fees. Think whether under these circumstances there be common sense in expecting /the expectation/ that the exertions of the supporters /zeal employed in the support/ of the transcript will be equally strenuous with that of the [...?] /whether the zeal of the champions who fight for double fees, will be equally [...?...?] spirited, and present an equal chance of success with that which has for its object the [...?] of the [...?] to single fees./
The interest were made - to what end? amongst others /amongst other reasons/ , to make it worth men's while to knock causes on the head /down the hill/ by irrelevant questions of all sorts, and amongst others by questions about evidence: questions about evidence /-to what end-/ were started to take advantage of these interests. The delay was made to let in the business with its profit: the profit was let in /made/ by the help of delay.
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Title: [4 June 1803 Best Best evidence]Description: 4 June 1803 Best Best evidence From the above those comparisons, the definition of /the answer to the question what is/ the best evidence [...?] what is the best of all possible forms in /with/ which a mass of evidence given in point of substance can be preserved /invested/ may be determined /exhibited/ it should [...?] in these words. The best form to which the evidence /testimony/ of a given person can be consigned is that in which being scrutinized in the compleatest manner it is in the course of the scrutiny, put into the form of a written instrument, whereupon as often as occasion shall present itself for the taking it into consideration for any judicial purpose, it is the original instrument in question, and not the transcript of it that is so employed.
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Title: [24 April 1805 Evidence Ends]Description: 24 April 1805 Evidence Ends Ch Conflict To make for the reconciliation of these rival ends the best provision which /such provision as/ the nature of things admitts of, requires a certain range /extent/ of thought: a qualification of which the demand is every where, the example no where. Of all men possessing or claiming the character /appellation/ of a man of science, the narrowest in his views is the man of law. AS /Compare on this ground/ /[...?] together/ the mole is to the eagle[?] so is the man of law to the natural philosopher: if in Bacon we see an eagle, in Coke[?] we may see a mole. AS the mole is to the eagle, so is a Coke to a Bacon, so is the man of law compared to the natural philosopher/surveyor of the works of nature/, better named[?] by the French the physiciens[?] For the adjustment of these difficulties /contrarieties/ no symptoms of /scarce a symptom of/ thinking is any where discoverable among lawyers, or (such as legislators have every where been landlords[?]) among lawyer-led and lawyer-ridden legislators: always /on every occasion/ the main end pursued without a thought about the collateral, or the collateral without a thought about the main end about its antagonist. Particular examples of this will be seen, when under the head of Exclusion of evidence, we come to speak of the narrow and almost unheeded[?] class of cases in which that sort of arrangement may be dictated by preponderant utility. But in a system of oversights and negligences /imperfections/ /deficiencies/ it will sometimes happen that one /the mischief /effects[?]/ of one/ oversight or one negligence, will be lessened[?] by another /corrected by another/: accordingly in the article of extent of local jurisdiction we shall find the impotence of the man of law setting limits to the vexation that might have been produced by the blind pursuit of the main end with its attendant perquisites, without regard to the collateral end. /If/ To give testimony about the value of a sucking pig or a days food for a horse a man could not be brought from the antipodes, why was it? not because any body cared about the vexation /the vexation was ever thought of/, but because the process for the summoning of a man to [...?] and give his testimony had not been framed so as to /originally framed to/ reach to any such distance.
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Title: [[...?] Feb y 1807 Omitt for the]Description: [...?] Feb y 1807 Omitt for the present? 28 Letter IV Resolut. 6.7.8.9 Juries Pastime[?] after a Cabinet dinner - question without commands. Pastime humbly proposed for Statesmen - Game to be played at across the table, after a Cabinet dinner - present the First Lord Commissioners of his Majestys Treasury, the Lord High Chancellor, and the Lord Chief Justice of England, &c &c &c - questions and commands simplified - questions without commands delivered[?] in form of a question with a double aspect made into a [...?] First Lord loquitor - Of the cases in which Jury trial is sold, there being so many in which it is not delivered, to what or to whom is it that we are to look for the deficiency? - to the system or the hands by which it is administered? - If to the system, then why, my good Lord Chancellor, takes it for a motto to your coach[?]? - If to the hands, then what, my good Lord Chief Justice, have yours been about all this while? There is a dilemma - there he has them - upon one or other of its horns, behold their learned Lordships, one after another, stuck - writhing and fluttering, till Mercy whispers to let him down.... Alas, my Lord! - into what sanctuary have my thoughts been wandering! - but in ambition as in love, Sir Andrew Ague-cheek becomes Hercules in his dreams /there is no bound to man's boldness in his dreams/.
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