31 Aug 1804

Evidence

Circumstantial

Ch.2. Explanation

In all questions respecting evidence, it is the aim of the speaker or writer to communicate /generate in the minds of/ to others (and in particular to the Judge for example) the persuasion which he himself entertains or professes to entertain - and that in the strongest degree possible. According to the logical nature of the fact in question - i.e. whether it be affirmative or negative his endeavour is to cause it to be received /regarded/ as certain, or impossible. To produce the persuasion in question he will naturally employ in preference - the strongest, the most impressive the most efficient the most impressive terms he can find /that are to be found/ and such are the above.

This same artifice a man will even employ in addressing himself to himself. Words are so necessary to give distinctness and permanence[?] to ideas that even in debating with himself a man makes use of their assistance. Indecision is an unpleasant state of mind. Whatever word bids fairest for liberating the mind out of it bids fairest for being accepted and employed.

As between the two terms certainty and impossibility the latter will for that same reason be apt rather to obtain the preference. In the use of the word certainty the idea of human opinion, the opinion of the speaker is unavoidably brought to view. In the use of the word impossibility no such necessary idea is brought to view. The impossibility of the fact in question is regarded as arising out of the nature of things, and that alone. The existence of such a fact is certain: I am certain of the existence of the fact /neither more nor less than to [...?] [...?] is as much as to say [...?] [...?] [...?]/. Such is my opinion, my persuasion: the strength of my persuasion in relation to it is at its highest pitch In doing this I imply /appear to/ what I never confess as the great truth be the fact it may[?] - that the best /strongest/ ground I can have for regarding the fact as true is but opinion, persuasion: my own persuasion howsoever grounded, whether on my own perceptions, or the [...?] /supposed/ perception of any other person or persons. But in saying the fact is impossible, every thing of opinion, the idea of opinion with the attendant idea of weakness and fallibility, are kept out of sight.