date

[094-467v] 17 Apr. 1807 51
[094-467v]

17 Apr. 1807

51[?]

Letter V

II. Proper Remedies

V. Remedies

Conscious of the disease created by the industry of their predecessors and kept up by their own - intimately acquainted with the disease, intimately acquainted with its cause - it is equally impossible to those physicians of the body politic to avoid being equally acquainted with the remedy.

I should have said the remedies; for the disease, according to its symptoms /to the circumstances/, requires two different ones.

In the case of the solvent - the thrifty and calculating pupil of the partnership - do away his profit: force him to refund, and with an adequate addition whatsoever he has made -  Then shall[?] faciendisa[?] on appeal: stop not execution. This applicable to solvent & insolvent birth[?].

In the case insolvent - the prodigal pupil of the partnership - at the very outset of the suit, let it be the care /duty/ of the Judge, at the instance of the plaintiff to arrest /stop dissipation[?]/ him[?] in in its course. /In a civil case/ This is a civil case is the use - thus the only use - of provisional arrestation: the prisoner conducted in the first instance /for examination unto/ before the person of the Judge: consigned from thence to a place of provisional

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

By providence thus displayed the purpose of the injured creditor would be served /the ends of justice in a word/ but the purpose of the partnership /Judge and C o/ the ends of judicature marred: accordingly care is taken never to see /face/ or hear the insolvent never either to compel[?] so much as admitt into the presence of the Judge him who is thus on the breach[?], floating or already in the /running down/ in the current of insolvency - near either to see his person or know any thing of his circumstances:

Instead of this[?] arrangement thus dictated /common honesty[?] the suggestion of/ by common sense, the technical system provides the security afforded by bailing - holding to bail. But the inadequacy of this security will be shewn under the head appropriated to that subject.
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