13 Apr 1803

Object

On this view of the subject two tasks present /appear/ themselves as comprehending every thing that the law has to provide for in relation to evidence: on the part of the plaintiff to find out and exhibit in support of his demand and in sufficient quantity such evidence as the nature of the case happens to furnish: on the part of the defendant [marginal] to weaken the impression made by the plaintiffs evidence; or, if it be in his power /the case admitts of it/, to encounter and overturn it by a propellant force /weight/ of counter evidence: on the part of the Judge, to weigh, by such scale as he is master of, the force of the evidence on both sides. To find evidence and to weigh the force of it when found such are the phrases /problems/ which present themselves as expressing between them every thing which there can be to do on the subject of evidence - appear /seem in a word/ to contain /express/ every thing that. To do what is to /can/ be done for the purpose of enabling the parties to bring together and exhibit whatever mass of evidence the nature of the case furnishes or can be made to furnish - such it would seem is the service which the legislator has to render to the plaintiff and the defendant in their respective characters and situations. To give /frame/ instructions for the guidance of the judgment in the operation of weighing the force of such evidence as happens to be produced such is the service /assistance/ which presents itself as necessary to be rendered /afforded/ by the legislator to the judge.

in his support of his demand having for its object, if in the non penal [...?] the right in claims, if in the penal [...?] satisfaction to be made to him at the expense of the defendant, or ulterior [...?] or both together as the case may be.