14 May 1805

Evidence

Introd

Ch.9. Precipitation

Ch.9. Of Precipitation.

The word Delay can scarce present itself without presenting /bringing along with it/ the idea of precipitation. A sketch having for its object the bringing to view the evils incident to the system of procedure would be apt to seem imperfect if no such word as precipitation were to be found in it. Delay, unnecessary or preponderant delay - is an excess; precipitation is another /the opposite one/: if one excess is thus prolific /abundant/ in mischief, can the other be altogether barren of it /free from it/?

In the modes /operations/ of action /proceeding/ themselves there is certainly a very close analogy: the analogy of position and contrast in their respective effects, there is scarce any. Delay, besides its contingent, has, as hath just been seen its certain and immediate mischiefs: mischiefs essential to it, and inseparable from it. Precipitation has no such mischiefs. It may exist /have place/ without being productive of any mischief at all: and the mischief of it, when it is productive of mischief, that mischief is /will/ always referable, referable in toto, to one /some/ or other /more/ of the denominations of mischief already included in the list. This /Such/ /Hence/ is the reason why /It is for this reason/, at the same time that delay has here been stationed in that place to which it is so well entitled in /upon/ the list of the evils incident to procedure, no such word as precipation is to be found in it.