12 April 1805

Evidence

Ends

Precipitation

But if notwithstanding the precipitation the decision is the same as it would have been without any precipitation, and the decision that would have been given had there been no precipitation, would have been the right one - was on the right side - on this supposition no inconvenience at all of the first order would have been produced by it.

So much as to the inconveniences of the first order. AS to the inconveniences of the second order vexation and expense, no inconvenience of either kind supporting are produced of the first order, can it be in the power of precipitation to produce. On the contrary the effect of the precipitation will be to make a defalcation from the amount of both of these inconveniences a defalcation the magnitude of which will be in the direct proportion of the enormity of the precipitation, considered in the light of an abuse.

Note: To exhibit a comparative view of the relative magnitude of the two contrasted inconveniences thus placed in the same order, is meet not to the present purpose. On the present occasion the sole business is merely to exhibit, each in its proper colours, the relation borne by each of these two inconveniences of the third order to the inconveniences of the first and second orders. Of precipitation, the mischief sill be found to exist chiefly of alarm: once recognised by the public or even suspected precipitation cannot but be apprehended, (and by the whole tribe of suitors,) as a perpetually impending cause of undue decision in all its shapes and injustice. The Parties affected are not so much the individual suitors in the individual cause in the course of which the precipitation manifests itself, as the whole species of suitors: that is all the members of the community taken together, in the character of individuals liable to become suitors.