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[?]