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ON THE

LAW OF EVIDENCE.

BY

SIMON GREENLEAF, LL.D.,

EMERITUS PROFESSOR OF LAW IN HARVARD UNIVERSITY.

Quorsum enim sacræ leges inventæ et sancitæ fuere, nisi ut ex ipsarum justitia unicuique

jus suum tribuatur ? – MUSCARDUS EX ULPIAN.

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Entered according to Act of Congress, in the year 1858,

By James GREENLEAF, in the Clerk's Office of the District Court of the District of Massachusetts.

Entered according to Act of Congress, in the year 1863,

By James GREENLEAF, in the Clerk's Office of the District Court of the District of Massachusetts.

Entered according to Act of Congress, in the year 1866,

By Mrs. JAMES GREENLEAF, in the Clerk's Office of the District Court of the District of Massachusetts.

Entered according to Act of Congress, in the year 1876,

By C. K. FULLER AND C. A. CROSWELL,
in the Office of the Librarian of Congress, at Washington.

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TO THE HONORABLE

JOSEPH STORY, LL.D.,

ONE OF THE JUSTICES OF THE SUPREME COURT OF THE UNITED STATES,

AND DAXE PROFESSOR OF LAW IN HARVARD UNIVERSITY.

SIR, — In dedicating this work to you, I perform an office both justly due to yourself and delightful to me, – that of

adding the evidence of a private and confidential witness to the abundant public testimonials of your worth. For more than thirty years the jurisprudence of our country has been illustrated by your professional and juridical labors; with what success, it is now superfluous to speak. Other Jurists have attained distinction in separate departments of the law; it has been reserved for yourself, with singular felicity, to cultivate and administer them all. Looking back to the unsettled state of the law of our national institutions, at the period of your accession to the bench of the Supreme Court of the United States, and considering the unlimited variety of subjects within the cognizance of the Federal tribunals, I do but express the consenting opinions of your contemporaries, in congratulating our country that your life

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