20 July 1805

Evidence

Introd. Jurisprud

Ch. sources or

II. Vices

''. Uncertainty for court[?] of the [...?] evidence of the documents.

"Deduction thus formed (says the author of one of the best perhaps the very best book of Reports that the world of jurisprudence ever saw) "deduction thus formed, and established in the ajudication of particular cases, became, in a manner, part of the text of the law." The qualifying clause in a manner was not inserted without good reason.

If, like statutory law, jurisprudential law had a text, the deductions in question /the deductions thus formed/ would /might/ indeed form a part of it. "Succeeding Judges" (continues the learned author" receive them as such, and in general consider themselves as bound to adhere to them no less strictly than to the express dictates of the legislator."

Compared with the above observation, certain matters of fact related /confirmed/ /made known/ by the same high mind and some same authority, will not be unworthy of regard. The judgements of the Court (says the /says he/ same author or another Judge) the judgements of the court I could have wished to give in the words which they were delivered. But this I often found to be impracticable. Then comes the causes of impracticability.

"One of the greatest difficulties I had to [...?] (says a preceding page [ch.p.x.]) was in obtaining a complete of the facts, when the case came on in the shape of a Motion for a New Trial. I was obliged ... then came the makeshifts /difficulties/ /disinfer[?]/ and resources. I was obliged to collect them, on the sudden, as they were read from the report of the Judge, and so forth /so on/. Also the resources, "It has been very steady to remedy these inconveniences by every assistance within my reach." The briefs of Council have never been witholden from me:" and so on. Good as is justly observed for written, much less so for parde[?] evidence.