14 Apr. 1803

Evidence

Object

In the instance of /In regard to/ the other of the two problems the

solution of it will as readily be seen not to belong /recognized with equal readiness as not belonging/ to the subject of Procedure. - Why? for the opposite reason: because for the purpose of doing what depends upon the parties concerned towards the solution of it - on the legislator in his department - or the Judge in his no special steps /no fresh steps/ are to be taken in each particular /individual/ instance - in the instance of each individual cause, by the Judge - the parties or any body else. To The legislator it belongs according to the measure of his wisdom to furnish the requisite lights - to exhibit the requisite instructions: to the Judge according to the prescription of his duty and the measure of his wisdom to conform to them - make application of them respectively to each particular case.

For the use of English lawyers books [...?] extant in considerable number confined by these titles as well as in their contents to the subject of evidence. In these several books, [[in margin:] professing accordingly by their titles to have for their subject such part and such alone of the field of Procedure as belongs to Evidence] the questions /topics/ /discussions/ stated /discussed/ have been principally and almost exclusively confined to points belonging to this second problem. In the present work the field of enquiry is therefore with very little variation commensurate to the field of enquiry assumed by such books already extant as exhibit the same title.