30 Oct 1811

Ch [...?]

Ch.2

Of contracts in general - Legislators duties - Advantages desirable from the application of the principle of pre-appointed evidence to contracts

'.1. The legislators duties in regard to Contracts

Here then, in relation to Contracts in general /taken in the mass/ we see the two /three/great tasks and duties of the legislator:

1. The first positive. viz to give their full effect to cause such contracts as are neither noxious nor spurious noxious in themselves, nor spurious in respect of the instrument employed or for the expression of those to mean the full benefit of that [...?] and assistance which he professes to give to contracts.

2 The second, negative - viz to present noxious and presumably noxious contracts from receiving at the hands of the Judge that [...?] and assistance which it is his endeavour /wish/ to confess to such as are beneficial or at least innoxious.

3. The third, negative also - viz. to prevent spurious contracts spurious instruments of contract from receiving, as above, that [..?] and assistance which it is his wish to confine to genuine ones.

In the pursuit of these several important ends whatsoever instruments he is capable of calling in and working with belong, all of them, to the head of pre-appointed evidence.

Here then as problems in themselves we see two objects 1. How to choose the set of instruments most suitable to these several purposes: 2 How in pursuit of these several purposes to make application /employ/ of each such instrument to the best possible advantage.