PRIVATE

[...?] 1807

+ D

(7) 14

1 o

Letter V

II. Litigation

Thus much as to the capital instruments particularly adapted to the production of wrongs and litigation, and the general line of policy observed by Judge and C o in promoting, and the general line of policies or counter policy observable on the part of the legislator, in preventing the application of them to their respective sinister purposes.

We come now to the plan of policy pursued by Judge and C o for the creation, and the plan of policy or counter policy pursuable on the part of the legislator, for preventing the creation and in every way preventing the existence of those same instruments.

On the part of Judge and C o the policy in relation to this head will be found reducible to the organization and application of the several contrivances brought to view in the first of these Letters under the name of devices; among which, though all of them, by their ultimate effects, contributory in various ways to the ends of judicature, and among them to the promotion of litigation with its profits, will be found contributory in a more direct way, some of them to uncertainty, others to delay, with the expence and vexation that so generally and almost inseparably are found adherent to it.

If on the present occasion any devices present themselves of which no express mention is made in that catalogue, it will be because a nearer view of the subject presented details not called for in that place.

The corresponding observation applies of course to the antagonizing arrangements adapted to the policy or counterpolicy of the legislator.