4 May 1805

Evidence

Introd

Ch 2 [...?] [...?]

'.2 Importance

In this topic may be seen the fundamental part of the whole inquiry. Upon the propriety /congruity/ of this part /of the [...?]/ depend /rest/ the propriety /congruity/ of every other succeeding part.

Upon the accuracy of the conception formed in relation to the ends, depends the due choice and success of all the legislative arrangements employed in the character of means.

He who takes[?] over at a mark may fail of hitting a mark; but that he who never so much as looks at it should hit it, is every thing but impossible.

Met[?] at of the end of judicial procedure, by what legislator, by what writer whom[?] has[?] very shady sum as yet been taken? By whom[?] has any[?] compleat and correct list of them been so much as attempted to be formed?

What is necessary before all things is, - that if there be several ends, the enumeration /list formed/ of them be compleat. But that in so wide a field of action there should not be several ends, is impossible. For suppose /as/ what for strength of grasp and facility of retention[?] is altogether desirable suppose the ends howsoever numerous[?] to be reduced all of them to /under/ one expression, the one end thus constituted will not the less /nevertheless/ be distinguishable into so many particular ends as were thus tied up as it were in one bundle, for the facility /convenience/ of discourse. To frame a compleat list, and to secure to each article in it a clear as well as precise and concise expression will be /If there be/ the business of ensuing chapters

If between /as amongst/ any number of ends - particular and subordinate ends there be any mutual incompatibility or contrariety, an /the/ order of preference, or terms of reconciliation, must be adjusted before any determination can be formed /framed/, respecting the choice of legislative arrangements /means/ in the character of means. To place in a just[?] point of view whatever opposition may be observable as amongst the ends of procedure will be the business of another chapter.

[In margin:] What shall we say /will the [...?]/, if in the course of this enquiry he should find this and that and [...?] other end, in the instance of which instead of coming at the end, creative[?] established practice, should have never ceased to aim at the production or augmentation or perpetuation of the very[?] evil[?] in the repulsion of which the end consists?