[059-134 pinned to this folio]

13 Apr. 1803

Evidence

Ends

Important as the objects of this class are, they can not with propriety be spoken of /considered/ as among the main objects of the system of procedure, and for this plain reason: they would be but the more effectually provided for, were there no such system in existence. The inconveniences to be guarded against - application of punishment where not due - imposition of the burthens /obligations/ respectively attendant on the application of satisfaction and on the collation of rights where not due the inconveniences the avoidance of which branches out into those three objects - are as so many pitfalls into which the defendant is liable to be pushed in the course of his forced excursion along this road, and against which /from which/ it is the business of the legislator and the judge to guard him by proper fences. But in that particular character his security would be the more entire, howsoever in his quality of a member of the community it would be diminished, if there were no such road through /along/ which he could be dragged.

Another class of collateral objects of procedure, still wider of the main road than the foregoing ones, the inconveniences of the 2 d order, are expence and vexation. They stand excluded from the class of main objects by the consideration just spoken of as excluding the others.

The same observation applies - and with equally evident propriety - to the inconveniences of the 3 d order - delay and precipitation.

In a practical view the use of the distinction is, in English Jurisprudence confined to the three collateral objects of the first order; and more particularly to non-application of punishment where not due. By the almost exclusive attention bestowed upon this one object, one would almost suppose it to have been taken for the main and primary end /object/ of the system of procedure: the true main ends /objects/ punishment and satisfaction for the mischief of the offence being on so many occasions and in so conspicuous a degree sacrificed to it.