JB_092_071.xml

Title: [3 July 1807 5 Letter V]

Description: 3 July 1807

5

Letter V

II. Litigation promoted

9. So likewise, throughout the whole system of procedure, apply the principle of nullification to as great an extent as possible: rendering its effect sometimes dilatory sometimes peremptory, and rendering it, on each individual occasion, as difficult as possible to foresee which of the two effects it will have.

III. Seat of the uncertainty, the matter of fact -

10. Exclude the light of evidence, on pretences as numerous, as frivolous, and thence as uncognisable, and even unconjecturable as possible: taking care that, of the rules [...?] of these exclusions, there shall not be so much as one that is not continually broken through! and that for reasons which are not good but in the supposition of the badness of the rules. Devices.

11. To the exclusion of the best shape, require to as great an extent as possible that the evidence shall be presented in the worst shape possible: most favourable to perjury, to misdecision, to the production of factitious delay, vexation and expence. (Device │ │) observing in particular to admitt under the worst shape what you exclude under the best.

II. Directions and Instructions for the creation of delay. See Table

III. and IV. Directions and Instructions for the creation of expence and vexation.

Expence and vexation, these in so far as factitious, are produced principally by factitious complication. For the nature and intimacy of its connection with factitious delay see Table 1, Note │ │. Causes of factitious delay are in general, in a correspondent degree, causes of complication, vexation and expence.

JB_092_113.xml

Title: [1 [...?] 1807 (11) 18 Letter]

Description: 1 [...?] 1807

(11) 18

Letter V

II. Litigation

46

III. Delay

The whole force of the artist's ingenuity having been expended in the manufactory of irreproachable uncertainty and delay clear if possible of reproach to the manufacturers.

4. Delay:- contrivances employed by Judge and C o for the promotion of it.

As to the instruments employed for the manufacture any regular enumeration of them would in this plan be superfluous. The principle and most efficient of them may be seen among the 20 devices enumerated in the first of this series of Letters: and again with additions, making 28 in the whole, and exemplifications, in the Table the 3 d of the Delay and Complication Tables here to annext.

The corresponding counter-arrangements proper to be taken by the legislator for the prevention of these several delays being so plainly indicated either expressly in Letter the 1 st in company with the several devices, or by the very nature and description of the device in each instance, it seemed unncessary in this plan to give a separate enumeration of them.

1. Exclusion of parties, from first to last, from the presence of the Judge - 2. Abuse of writing - 3. Tribunals put out of reach - 4. Blind fixation of times - 5. Sittings at long intervals - intervals of denial of justice as between Term and Term, between Circuit and Circuit. 6. Bandying the cause, on a variety of occasions and pretences, from Court to Court - 7. Decision in the first instance without thought and upon principles purely mechanical, to make occasions and pretences for applying the principle of nullification, and to make ground for future contingent applications and decision, with human reason, taken now for the first time as a guide - 8. principle of nullification - an engine equally applicable to the manufacture of injustice in both shapes, misdecision ( frequent misdecision, whence uncertainty) and delay - 9. Mendacity-licence, the source of assertions, replies and counter-assertions, rendered by the abuse of writing, in length and number alike infinite - 10. Means of securing forthcomingness, subjected to endless diversifications, with consequent contingent failures, and repetitions;- forthcomingness, whether on the part of persons or things - person as parties or witnesses - things, as sources of evidence, or parcel of the matter of satisfaction and subject of demand - 11. Chicaneries in regard to notice, with consequent failures and repetitions - 12. Asylums local and chronological, with consequent delay so long as the object of [the] search continues to elude it - An enumeration thus brief may for the moment save the trouble of reference.

JB_106_206V.xml

Title: [1 June 1807 Letter V III Devices]

Description: 1 June 1807

Letter V

III Devices for promoting litigation by promoting wrongs of which litigation is /shall be/ itself the instrument: the wrongdoer, for the purpose of doing the wrong, becoming /rendering himself/ plaintiff: - viz. /and thereby/ malâ fide plaintiff.

This purpose is answered by the various /divers/ mischiefs the production of which has more commonly some nearer or other /ulterior/ object: viz. /ex. gr./

1. By the factitious expence attached to litigation, for the sale of the profit extractable from the offence.

2. By the vexation inflicted on /produced to/ the defendant by the expence and trouble /2.3. By the expence and vexation/ of his defending himself /defence/:

3. By the uncertainty of the law as above (II 1.2.3.4.5.6.7.) viz. the uncertainty whether even suppose functioning[?] sufficiency not wanting, he may be able, under the law, to defend himself with success: - by this uncertainty, and the vexation attached to it.

4. By the factitious delay the manufacture of which has its main /principal and more immediate/ objects the profit-yielding expence, be the cause what /which/ it will a bonâ fide or malâ fide cause, and the encouragement it holds out for continuing defence[?], in /commencing and persevering in/ a malâ fide cause in which the malâ fides is on the defendant's side. (as per II.10.)