date

23 April 1805 Evidence Ends
23 April 1805

Evidence

Ends

Ch Conflict

'. Conflict

So again as between the main end the positive main end, and the negative main end corresponding and opposite to it, the charge of the person placed in the situation of defendant, take the measures requisite for giving effect to the arrangements taken and predictions delivered in that behalf by the substantive branch of the law, you run the risk of imposing the obligations /throwing the burthens/ respectively in question[?] upon the person in whose instant they are under: of inflicting punishment on a person /defendant/ innocent of the imputed offence - of imposing on a person the burthen of rendering satisfaction for an injury on the infliction of which he has had no share, of imposing, on some person in the character of defendant, in consequence of the right conferred on the demandant or plaintiff, an[?] obligation which in his instance /when thus imposed upon him,/ is undue. Determine at all events to preserve men altogether from all risk /[...?]/ possibility of being unduly subjected to these disastrous obligations, there is one means by which you may succeed to a certainty, and there is but that one way in which you can succeed - which /and that [...?]/ is the course already pointed out in the former case the putting an end to all recourse to justice. Its /The/ main[?] species as before is either destroyed or ruined: but at any rate the innocent are preserved from all danger of legal punishment, and mankind though left[?] a prey to injustice from every other source, is preserved from all that injustice which has for its source the execution of the law.
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  • Title: [23 April 1805 Evidence Ends]
    Description: 23 April 1805

    Evidence

    Ends

    Ch Conflict

    '. Conflict

     Alterr[?] from the Marginal Contents

    '. Ch. Conflict between /amongst/ the abovementioned ends

    That between /amongst/ the the several objects above announced in the character of ends - of ends of justice, that is between the pursuits respectively directed to those objects, there naturally and unnecessarily exists a certain degree of natural continuity[?], is manifest at first sight. If to the positive, though limited, quantities expressed by the epithets unnecessary and preponderant annexed /attached/ to the names of the respective evils - vexation, expence &[?] delay evils we were to substitute the absence or negation of those several evils the pursuit of these collateral ends would thus be rendered altogether incompatible with the pursuit of the main or direct end - fulfilment of the predictions delivered by the substantive branch of the law. All procedure, how summary and expeditious soever supposes some delay - i.e. some time spent /employed and consumed/: all procedure supposes some vexation, all procedure supposes some expence, or at least some consumption of time and labour, an expenditure which is the equivalent of some expence. If, without regard to the main or direct end, and the mischief that would ensue from the neglect of it, the collateral end in those its several branches were to be exclusively pursued, there would be one, and but sure course for the attainment of it, viz /and that is/: to relinquish the pursuit of the main end altogether. Give up all recourse to justice, you rid yourself at once of all the inconveniences that result from the recourse to justice. The whole fabric of Society it is true is dissolved, and the humane race extinct, or thrown[?] back[?] into[?] the savage. The species is either destroyed or ruined: but at that price, the evils incident to litigation are done away.
  • Title: [24 April 1805 Evidence Ends]
    Description: 24 April 1805

    Evidence

    Ends

    Ch. 4 Conflict

    On the occasion /subject/ of this double conflict, the following differences may be remarked /present a claim to notice/

    In regard to the conflict between the collateral end (which is always of a negative cast /complexion/) and the direct positive end as often as it really takes place, the opposition /two pursuits/ /opposite/ will be irreconcilable; of one or other object a sacrifice must be made. Without the production of some degree of delay, vexation and expence the main object, as already observed - the fulfilment of the article of substantive law in question whatever it, whether by infliction of punishment, administering of satisfaction or collation[?] of right, can never be accomplished or so much as aimed at: on the other hand, in some instances so it will be, that the collateral object, where it happens to be the preferable one - the avoiding to produce the necessary mass of delay vexation and expence where it happens to be preponderant can not be obtained, unless in the instance in question, the main object be utterly abandoned. /compleatly given up./ The object in demand /article demanded/ is of the value of a days labour: the testimony of Martyr is necessary to prove the plaintiffs title to it. If the abode of martyr be but a minute or two of a degree the vexation and expence produced by his attendance in the character of a witness may not be preponderant; and so far the two conflicting ends of judicature, the direct and the collateral, may in a certain degree be reconciled. Place Martyr at the antipodes, all reconciliation - all compromise - is impossible. l Either the claimant must lose his right altogether, or the witness must be loaded with such a mass of vexation and expence, that in comparison of it the burthen imposed upon the plaintiff by the loss of his right, is but as a feather[?] to a milstone[?]
  • Title: [23 Mar 1808 Ends of Justice]
    Description: 23 Mar 1808

    Ends of Justice

    To match with these, the first parcel I found of ends of a necessarily negative description were - general end, avoidance of injustice to the prejudice of the defendant's side: particular ends, immediate ramifications[?] of the above general one - Imposition of such undue obligations by /viz. of such by the imposition of/ which if due satisfaction for wrong would have been administered to the plaintiffs 2. Imposition of such undue obligations by the imposition of which at the instance of the /a/ plaintiff punishment would have been administered, would have been inflicted on the defendant.

    Next to these, but in a line with /still in the same line with/ these were - evils, vexation, expence and delay; ends avoidance of superfluous vexation, avoidance of superfluous expence, avoidance of superfluous delay /expence and delay respectively/; evils, linked it /together/ as one[?] in the most intimate /by the closest bonds of/ connection, but not the less distinguishable.

    Here then were nine ends of justice well told, all of them in a negative dress, and all /none/ but the three first not susceptible of any other.