26 May 1805

Evidence

Introd.

ch. Evils causes - non demand

(2 '1

Stet?

The argument thence runs thus - Litigation is an evil. Whatever tends to diminish the number of suits tends to diminish litigation: vexation and expence to /imposed on/ litigants tend to diminish the number of suits, therefore vexation and expence to litigants diminish evil, and in that respect are a good.

By itself the proposition is true enough: but in the character of a justification of the arrangements in question it amounts to nothing. Good and evil together are produced by almost every measure of government that can be named: upon the proportion between the two depends the eligibility of the measure.

The question as rightly and usefully stated, will stand thus. In as far as litigation is attended with pure or preponderant evil, which is the most eligible (i.e. the cheapest as well as most efficient) remedy for the suppression /repression/ of it, burthen of expence thrown indiscriminately without regard to right or wrong, or burthen of expence confined to misconduct and measured out according to the degree?

In many cases, when a question is properly /clearly and -------/ stated, the answer follows of course: the present seems to be /presents itself as being/ of the number of those cases.