16 Sept 1804

Evidence

Circumstantial

Ch. Failure Causes

§.2. Generalia

§.2.

In the instance of each of the above modifications of circumstantial evidence, we have observed /thus much we can not but have observed, viz:/ that with reference to its correlative principal fact, it is attended /possessed/ with a degree though an unliquidated degree of probative force. We come now[?] to speak of the several infirmative facts, by the respective probability of which that force is, /in the instance of each such evidentiary fact, lessened./ weakened.

Though the expressions thus employed on the occasion of the operation in question - expressions employed for the purpose of giving to our conceptions that degree of clearness and precision of which they are susceptible, present probably an appearance of abstruseness, yet in the operation itself there is nothing that is not perfectly familiar and exemplified by almost every body in every day practice. What we have to do is no more than this: - viz: on the occasion of each species of evidence, to think of the several cases that may by possibility have taken place - cases in any one of which the conclusion we should at first view be disposed to draw from the evidence would be fallacious.

Of the several /aggregate mass of the/ supposed facts that are here brought to view under the relative character of infirmative facts, part has been suggested by actual history (histories of judicial decisions) other part by analogy and abstraction, working upon the stock thus furnished by experience or supposed experience. The several histories will either be quoted or referred to, in so far as the source has been noted down or can be recollected.

Where no such individual exemplification is exhibited, the addition of such individual exemplifications, such as the progress of time may happen to bring them into existence may be matter of amusement if not of profit to some future hand. By the help of this apparatus my endeavour will be to discover and bring to view such infirmative facts, such corrections to /preventatives of/ each conclusion, as my powers such as they are, are for the present able to reach. Whosoever shall endeavour and succeed in his endeavours to add to the catalogue, will render proportionable service to the interests of truth, humanity and justice. For in most of the instances delinquency is in some shape or other the ultimate principal fact. In these several[?] instances, the discovery of a fact, of a capable nature to speak in the character of an infirmative fact as[/] above described may operate in prevention of undue punishment - in preservation of innocence.