26 Jan y 1805

Evidence

Securities

Ch. Procedure Natural

''. Mutual Declarations

''. Natural System. Procedure on first meeting. Mutual heads of declaration /Explanations/

So distinct in all its siniorities[?], the course taken, under the influence of this sinister interest by the system of procedure belongs not to the present work. What was here necessary, is here sufficient - the marking /presenting/ out that sinister interest as the original and efficient as /or/ well as final cause of so many phenomena which otherwise would be inexplicable: in particular of the [...?] of arrangements by which the efficacy of the natural system of procedure in respect of the security afforded by it for trust /the trustworthiness of evidence /against non decision or faction of justice on the ground of evidence/ has been weakened to a degree which will be but too apparent.

If /When/, at the commencement of every cause which admitts of such scrutiny[?], that is to say in nine causes out of ten, or nineteen out of twenty, the parties were to meet one another face to face, in the presence of the Judge, the facility which such meeting affords for the [...?] of both [...?] in the character of self serving witnesses, and the mutual cross examination of both in the same character /character of self-[...?] witnesses/ would constitute but a part of the advantage sooner done to justice. To each of them, whether he has happened to be in any such situation as will have enabled him to depose /act/ in the character of a witness, /delivery[?] direct and position testimony/ in relation to any of the facts in dispute, is in most sorts of causes a matter of accident. What is certain is as follows -

1. The Plaintiff will have it in his power to declare /make known/ in the face /presence/ of the Defendant as well as the Judge - what the act is, the performance of which is the [...?] he demands at the defendants hands - what the facts are on which he grounds such his demand, and what the article of law is which in his conception warrants it.

2. What the grounds are on which his persuasion of the truth of such several facts are founded: - his non perception[?] past or present - his own inferences from his own perceptions - the direct testimony of others, expression of the principles of those others - articles of real evidence, expressive of the testimony of things, articles of written evidence, expression of the evidence of persons through the medium of that of things - and so forth