12 June 1807

Letter V

II. Litigation

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.