July 1807

11

Letter V

II. Litigation promoted

3. Under the article of proximity, that is by delay, you may keep down the value of satisfaction, if possible with still less reserve than under the article of certainty. As to the making of delay for this purpose, see the directions given as above for the making it for all purposes.

As to the chances of the injured party's right to satisfaction being destroyed by this engine, they are still more numerous and unscrutable than in the case of uncertainty, produced as above. Then comes the intermediate possession which produces a sure profit to the wrongdoer (the intermediate possessor) and to the party wronged a sure damage and deduction from the value of his claim for receiving the satisfaction. Even to his lawyers the task of comprehending them would be difficult, in that of making him comprehend them an impossible one. That some delays, and even to an indefinite length, may happen in here and there an instance to be necessary, is what every man knows or ought to know: and under favour of these unavoidable ones, the legislature and the people not knowing when to draw the line, have allowed you to make as long and as many delays as you have a mind, for your own use.