19 Apr. 1803

Evidence

Connection

Plan[?]

a word whatever probability of such conformity a lot of evidence would present to the mind of a man circumstanced as above supposed, a degree of force exactly proportioned to such probability of conformity is the degree of force with which it were to be wished that it should on each occasion act on the mind of the Judge. These considerations being kept in view, two grand /main/ and comprehensive objects /two practical objects /[...?]/ present themselves as questions /aims/ entitle to fix - and without prejudice to truth and injustice even to engross the attention of the legislator: one is, how so to order matters that there shall not on any occasion, so far as the nature of things admitts of a supply, be any want of evidence of information exhibited in that character to the Judge: - another is - that each piece of evidence so exhibited shall in its tenor /complexion/ be as conformable to the truth as possible: - the third, that the persuasive force with which it acts on the mind of the Judge shall be proportioned /run/ as nearly as possible /in proportion/ to the chance it has /there is/ of such conformity to the truth of things?

In these three objects if the division be an exhaustive one we shall have so many heads, under one or other of which, every thing which there can be any use in saying on the subject of evidence. To show how to make the best provision by the nature of each case and [...?] of for securing the exhibition of a sufficient - and not more than a sufficient such evidence as the nature of the case affords /may most effectually be secured/ - as also for securing the correctness and veracity of the evidence so exhibited - and to afford such assistance as can be afforded /and to show how such assistance may best be afforded/ to the Judge for the purpose of enabling him to allow in his own mind to each lot of evidence that weight which properly belongs to it - in these three problems we accordingly see so many heads under which every suggestion that promises to be of use in any way in the ground of evidence may without violence be included.

Such accordingly are the views[?] that /by which/ have guided the arrangement that has been given to the matter comprehended /contained/ in the compass of the present work.

[in margin:] evidence may be comprized; and to one or other /more/ of which every /all the/ thing /matter/ contained in this work will be found referable