JB_058_068.xml

Title: [28 April 1805 Evidence Introd]

Description: 28 April 1805

Evidence

Introd.

Ch 5 Collateral End incidental

'.1. Connection

Ch.2. Collateral Incidental Ends of the System of Procedure.

'.1. Vexation, Expence and delay - connection between these evils - To each corresponds an end.

Government is but a choice of evils. it is so in every department: /in every /no one of its/ departments does this essential /indelible/ character fail to adhere /cling/ to it:/ the judicial is /affords/ no exception /will be [...?] to the rule/. The good which the system of procedure aims at as its end - the fulfilment of the arrangements taken, the securing of the benefits meant to be secured by the substantive branch of the law - can not be attained - as not so much as aimed at - the evil opposite to that end can not be averted nor so much as endeavoured to be averted, without the production of a train and that [...?] and immediate one of other /factitious/ evils.

Vexation, Expence, and Delay, under these names - these but too well known names - may all the immediate and sensible evils produced by the pursuit of the direct end or ends of procedure be comprized /reduced/.

Under the more comprehensive head of vexation, may /might/ even the two other evils expence and delay, have, without any impropriety been comprized, nor would they on this occasion have been detached from the general mass, were it not that being on many /various/ occasions produced by different causes, they require different remedies.

Expence it may be observed is but a branch, a species of vexation: the vexation produced by a particular cause: viz: the obligation of parting with a portion of the matter of wealth, without an equivalent: a species but a species which upon the face of it is easily distinguishable, and which for various purposes, as will soon be seen, requires to be distinguished from the [...?].

Even Delay are[?] is in effect but an modification of vexation: it is vexation in any /whatsoever/ shape, considered as produced by lapse of time. Delay is, in effect but an elliptical expression, employed for conciseness to signify /denote/ vexation produced by delay. Take away the vexation, you deprive /strip/ delay of the quality by which alone it is rendered /becomes/ a modification of evil, mischief, or inconvenience.

058-109.xml

Title: [28[?] April 1805 Evidence Introd]

Description: 28[?] April 1805

Evidence

Introd

Ch. 10 Collateral

' Collateral [...?]

' Vexation from

Ch. Ultimate collateral ends /end/ of procedure - avoidance of vexation from misdecision to the prejudice of the defendant.

Besides the lots of vexation which, in greater or less number, and each with more or less weight, fall /have been seen falling/ upon every person /individual/ whom the institution /exhibition/ of a legal demand places in the condition of a defendant, there is one /one remains to be spoken of/ which consists /is constituted/ of the burthen which it is the ultimate and direct object of the demand to throw upon him the burthen of bearing the punishment sought by it to be imposed upon, administering the satisfaction or seeing it be[?] administered at his expence - or in a purely non-penal case, conferring or seeing conferred at his own expence the particular right which is the object /constitutes the subject and object/ of the demand.

In each case, suppose the burthen the obligation due - suppose it of the number of those by the imposition of which the arrangements and predictions of /delivered by/ substantive law in that behalf will be made to take effect, thus vexation at the end of the [...?] account is not to be placed to the account of great[?] evil or inconvenience: for, if /suppose/ it to be not outweighed by some good produced by that the same operation, the fault lies in the substantive law by which the burthen was imposed, not in the adjustive branch of the law, the perfection of which consists in giving effect and fulfilment to the utmost to the predictions /arrangements predictions and engagements/ contained in the substantive branch wherever they may be: provided always that the mass of incidental inconvenience produced by the adjuctive law - by the course of procedure be not so great as to preponderate over the good produced /attached/ to the fulfilment of the substantive.

058-366.xml

Title: [19 May 1805 Evidence Introd]

Description: 19 May 1805

Evidence

Introd

Ch technical

'.1

By the technical system of Procedure, I understand that System which has been produced by the pursuit of the sinister ends, under the impulse of sinister interests as above distinguished /characterized/: viz: those of the persons /order of men/ employed in framing it. Direct and ultimate object /result ultimately /directly/ intentional/, official and professional emolument, power and reputation: mediate object, result immediately but still directly intentional, expence and delay expense to the suitor: collateral objects, objects but obliquely intentional, but nevertheless /still/ intentional, vexation to the suitor; vexation in all its forms: to the demandants side less of satisfaction less of other rights, less of the security afforded by punishment where due: to the defendants side /of the defendant/, under punishment where undue, imposition of other obligations of all sorts where undue.

This is /In this we may see/ the system by /in/ which all those factitious evils which have been brought to view have received their existence /been produced /[...?] mankind//. Here and there a few pure and bright spots excepted, notice of which will be taken with delight under the head of summary procedure the existing systems, throughout the civilized world, are /may be set down as/ so many modifications of it.