23 Aug 1804

Evidence

Circumstantial

Ch Application

12. In the operations /case/ of physical nature the uniformity of operation is much more compleat and consequently the degree of closeness of connection as between fact and fact is capable of being much greater than in the other case. It is here, and here alone, that examples of conclusive evidence may be to be found.

13. Amongst[?] most species of animals, and the human in particular, pregnancy may be regarded as conclusive evidence of sexual conjunction.

2 And again, in the case of the human species, the birth of a child, possessing the sensible properties of a mulatto, may be regarded as conclusive evidence of the proposition that one or other of the parents was of negro race, the other of the race of whites.

14. These examples at the same time that they prove the safety with which the evidentiary fact in question may be established in /convicted with/ the character of conclusive evidence of the principal fact in question, evince also the inability of it. Is there any danger that a Judge, after it has been established that Sempronia[?] has been delivered of a child, should have any doubts of her being no longer in a virgin state?