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.