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.