date

3 July 1807 5 Letter V
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.
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    III. Expence: IV Vexation:- contrivances employed by Judge and C o for the promotion of these evils, in the character of instruments applicable to the promotion of wrongs and litigation.

    In the system of procedure, factitious expence and factitious vexation are the natural concomitants or immediate results of factitious complication. But between factitious complication and factitious delay the connection is so intimate, that it is seldom that either can be produced without promoting at least, if not producing, the existence of the other. In the list of causes of factitious delay may therefore be seen a list, if not altogether, at least nearly, as simple, of the causes of factitious complication, vexation and expence. Concerning the nature of the connection between delay and complication see Table I. Explanatory Notes.
  • Title: [12 June 1807 Letter V II. Litigation]
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    8. 4. Applying the principle of nullification to the defeating of contracts of all sorts, and on all sides, on grounds as irrational and absurd, and thence as unconjecturable, as possible.

    II. Seat of the uncertainty, the adjective branch, i.e. the system of procedure.

    9. 5. Applying the principle of nullification to the steps of procedure, on each side of the cause: thereby, except as to the burthen of costs, throwing back the plaintiff into the same condition as he would have been in, had he taken no step at all in support of his demand: with or without the liberty of taking another chance for justice, by a fresh suit: and the defendant who is in the right, in the condition he would have been in, had he taken no step at all in the way of defence: with or without the liberty of taking another chance for escaping oppression, by a fresh defence.

    10. 6. Exclusions put upon evidence, and that by rules, great but uncertain in number, and, in almost every instance, sometimes observed and sometimes not observed.

    11. 7. Evidence received in various improper shapes: improper, because not affording so good a chance for correctness and compleatness as would be afforded by others, thence stiled more proper ones: and this, when the delay, vexation and expence attendant on the improper is greater than would have been attendant on the proper shape.
  • Title: [25 March 1808 Letter V Ends]
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    What then shall we say? These more and more deeply seated evils, shall these too as well as the more prominent ones to which they give existence and support, be understood each of them to /intitled to/ place upon the list of the ends of justice, the good which corresponds to it and to which it stands opposed?

    If so, then would the abolition of that /the immense factitious/ mass of factious (complication) delay, vexation and expence be intitled to a place among the ends /upon the list/ of justice not only on its own account /by a direct title/ but moreover inasmuch as by the production of non-demand, desistment from demand, non-defence, and desistment from defence and frequently even of misdecision, it produces, for the accommodation of /wrongdoers/ the opulent wrongdoer and his protector and partner in iniquity the fee-fed Judge, the ruin of the innocent and injured on both sides of the cause.

    If so, then would the rendering it possible for men to be acquainted with /have knowledge of/ those rules of action which every year they are strengthened by some, and ruined by hundreds and by thousands for not conforming to in a word the converting /conversion/ of jurisprudential law into statutory, and giving to that statutory law a form rendering it accessible to and comprehensible by the minds /understanding/ to which it is addressed -

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