14 Apr 1803

Evidence

Object

To determine within himself with what degree of persuasive force the mass of evidence presented /actually exhibited/, and each component part of it shall be suffered to act upon his mind is on this same occasion the peculiar province of the Judge. To present to his cognizance such considerations as promise to be of use in respect of the assisting the Judge in the formation /framing/ of this /such/ determination, and resting it upon just grounds is a correspondent duty which presents as competent to the legislator acting within his sphere.

On this general survey of the matter the whole of what is to be done or said on the subject of evidence presents itself as capable of being included under two grand problems. 1. How to order matters so that in each instance at the properest[?] that is the earliest point of time, in so far as the nature of things admitts the mass of evidence requisite to the formation of a just decision+ shall be presented /present itself/ to the Judge. 2. How to order matters that the mass of evidence presented on each occasion on both sides, shall operate on the mind /persuasion/ of the Judge with neither more nor less than its proper weight than the weight which properly belongs to it.

+ i.e. such a decision as in the case in question shall have the effect of the fulfilling in /to/ the utmost possible degree of perfection, the prediction delivered in that behalf by the substantive branch of the law.