31 Aug 1804

Evidence

Circumstantial

§.2. Practical use

Not that in the instance of each individual cause, the mass of evidence, though it be all of it of the nature of circumstantial evidence is the less sufficient and trustworthy for the purpose of that individual cause. All that is contended for, is - that the evidence in one cause can not be so described as that the evidence in another cause shall be seen to possess the same degree of force. What is meant is - not to dispute or cast doubts over the propriety of the conclusion - of the decision grounded on evidence of this sort - in any one individual cause - but only to establish in all causes the impropriety of general and obligatory rules, deduced from any individual case of prior occurrence.

Not but that cases may be adduced, in which a rule of the description in question, having previously been established, may be applied to this or that individual cause without any prejudice to justice. But in these cases in proportion it [...?] is clear [...?] in regard to any such general rule that it can not be pernicious, it will be equally clear, that neither can it be of any use.