14 Apr. 1803

Evidence

Object

Supposing all questions /points/ of law out of dispute, the requisite mass of evidence being presented - the mass of evidence requisite to serve as a /constitute a proper/ ground for the decision prayed for being obtained, the decision follows of course. On the other hand two difficulties two grand heads of difficulty attend the presentation of the requisite mass of evidence thus described. One is the general difficulty as above stated which opposes itself to the presentation of evidence in all cases: the difficulty of obtaining it for that purpose. The other difficulty /obstacle/ is the difficulty of determining in each case whether the mass of evidence presented in each case /instance/ comes under the description of the /a/ requisite mass of evidence.

Two functions /question/ - two fundamental and all embracing tasks present themselves in this point of view to the legislator: in the first place so to order matters that so far as the nature of things admitts, the requisite mass of evidence shall be forthcoming and presented. in the next place, that whatever mass of evidence comes to be presented to the Judge under the notion of its constituting with reference to the point in question the requisite mass of evidence, shall operate upon the mind of the Judge ad hoc in that behalf with its due and no more than its due portion of persuasive force. To find out in each instance the requisite mass of evidence or including such ingredients of it as are to be had /the case happens to furnish/ is the task that falls naturally to the share of the parties, and /but/ in a more especial manner to that of the plaintiff:+ what they stand in need of is the mass of legal powers requisite for the purpose. For this it is that they /their dependence is/ upon the legislator: whose assistance on that behalf commands and includes that of the Judge. and to supply them with this requisite stock of powers is the principal and most efficient of the two services, with the rendering which on this occasion as abovementioned, in point of moral duty, he stands charged.

+ Deportation[?] to show that justice is generally on the plff's side.

for the purpose of the opposite decisions respectively contended for by them.