date

2 June 1807 Letter V II. Proper
2 June 1807

Letter V

II. Proper Remedies

To preserve the subject-matter in dispute, according to the nature of it - belonging to the class of things or of persons - from embezzlement, dissipation, destruction, deterioration - measures alike rapid, unavertible, efficient. (See Delay and Complication Tables, Tab.I. Col.II)

For giving to these measures at the same time the surest efficiency, and the speediest termination, examination of the Defendant by the Judge - according to the exigencies of the case, in public, or at the defendant's own request in private - with or without the presence of the adversary - the plaintiff, unless for special cause his presence be dispensed with, being also present, in order to his being responsible, in case of undue vexation thus caused by him, through malâ fides or even temerity.

The circumstances of the defendant being thus ascertained, in respect of pecuniary sufficiency and all other needful respects, the arrestation of the person - the sequestration of his effects - either or both precautions - are continued or not, according to the exigency of the case.

By ordinary procedures thus displayed, the ends of justice would in every point be served; never without cause, nor then but with the least possible vexation and expence to the debtor, the greatest possible security would be afforded to the creditor.

Given the plan of the North, so is that of the South. Given the course prescribed by the dictates of justice, so is the course observed by Judge an C o in pursuit of the ends of judicature. Arrestation of the person of the supposed debtor or other defendant, yes: and so long as the pursuit of the ends of judicature on this behalf remained as it did for ages without a check from the legislature, without any the slightest security for veracity or bona fides on the part of the plaintiff: the personal liberty of every body an object of sale to every body, by, and for the benefit of, Judge and C o all that time.
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    Instead of these efficacious and at the same time unvexatious securities, declared by common honesty, and common humanity, at the suggestion of common sense, the security provided by Judge and C o, in addition to the frequently and at any time causeless arrestation of the person of the party - the defendant, consists in the practice of bailing as it is called, or holding to bail, letting out upon bail. In the character of a measure of security as well as in that of a measure of relief, rather better than none at all. But for the inadequacy of it in both characters, together with its subserviency to the ends of judicature will be shown under the appropriated head.
  • Title: [[094-467v] 17 Apr. 1807 51]
    Description: [094-467v]

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    confinement if necessary for securing to the plaintiff the benefit of the sequestration; beyond the necessity not to [...?].

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  • Title: [30 Dec 1806 Facienda Outline]
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