Aug 1804

Evidence

Circumstantial

Ch. 1. [...?]

§.2. [...?]

Throughout the compass of this /the present/ work, the object of it is to serve as a guide, by the light of whatever sparks of reason it may be found to contain /may be found in it/, to the legislator, and, through him, to the Judge. From his superior, the legislator, the Judge is capable of receiving direction in two ways: by instruction, and by regulation: by instruction, proceeding from understanding to understanding, leaving will and action free[?]. by regulation, the act of will addressed to will, seeking as far as it extents[?] to extinguish liberty, and thereby rendering judgment useless.

Looking to practice, in the way /line/ of instruction, here as in every other quarter of the field of evidence, we shall see industry /exertion/ at work, and though not so copiously at work as in several /[...?]/ other quarters, yet at any rate doing, and by the amount of the whole, doing too much. [at work.]

In regard to regulation, the business of this book will be to show, that whatever has been done on this ground by the legislator, and probably whatever else can be done, is worse than useless. In regard to instruction, the business will be to show[?], that a good deal /much/ may be done, all which, so far as is true and rational, can not but be of use. But to show what instruction might be and ought to be given, is, pro tanto to give it. Whatsoever therefore is found to belong to that head, may be considered as constituting as far as it goes a specimen of a code of Instructions, proposed to be given by the legislator to the Judge.