2 June 1803

Evidence

Best

Let me begin with the class of cases first described. It is that topic of the two that will be most productive of satisfaction: the only one that will be found productive of any very considerable practical use unless it be that of serving more effectually to guard the legislature against those illusions - the result of partial and hasty views - by which whole species of evidence have been marked out for inexorable exclusion /sacrifice/.

The cases /case/ in which the question is between shape and shape, and the choice of the shape depends more or less /altogether/ upon the legislature, affords the following pairs of contrasted species.

1. Scrutinized evidence and /with/ unscrutinized: and in the former case more perfectly scrutinized and /with/ less perfectly scrutinized. By scrutinized I understand of course subjected to the action of one or more of the processes or operations above exhibited under the characteristic denomination of scrutative,

2. Written and oral: or to put the distinction upon its proper and clearer footing, evidence expressed by permanent signs and /with/ evidence expressed by evanescent signs.

3. In the case of written evidence - original and unoriginal: that is in this case, autographic with transcriptitious.

4. In the case of oral evidence or direct /or autophonous with derivative, or hearsay evidence.

5. Preappointed evidence of all the above sorts and casual.