26 May 1805

Evidence

Introd.

ch. Evils causes - non demand

(2 '1

Stet?

But the argument is not yet put to s-----. Looking a little deeper into the subject it reproduces itself in this form.

Suppose (according to what appears to be your wish) suppose the whole burthen of factitious expence taken off at once. An addition, and that a very great and sudden one to the number of suits to the number of suits defended as well as suits instituted is no more than what you would expect to take place. Among these will be many that will be well-grounded: on the score of these carry so much (your right is admitted) to the account of good. But along with these will be others that will be ill-grounded: on this score of these you can not refuse to carry a proportionable /-----/ amount to the account of evil. But these evil-producing suits are as truly the product of your supposed reform as the good-producing ones: can you take upon you to say that the good of the one is preponderant over the evil of the other.

I answer /My answer is/ - I think I might. But with respect to the /for deciding a/ practical question, another question presents itself as the satisfactory and ------ heading to the most satisfactory solution by the shortest road.

The evil attending the ill-grounded part of this mass of new-produced suits is admitted. But still the question recurrs whether a burthen confined to such litigants on the part of whom the litigation is forced(?) to be ill-grounded would not have a stronger tendency to diminish the proportionable number of ill-grounded suits thence a burthen of the same weight thrown alike upon those on whose part the litigation is well-grounded as upon those on whose part it is ill-grounded?