18 June 1807

(3)

Letter V

II. Litigation

III. Plff malâ fide

Def t malâ fide

In a word no malâ fide plaintiff, who, meditating a plan of conquest by the assistance of Judge and C o, fighting for him as mercenaries would not be eager to change his station in the war into that of defendant, malâ fide defendant: so that consequently if it depended upon the choice of the intended conqueror, there would be no such character as that of malâ fide plaintiff: not that in that state of things there would be more honesty than at present, on the part of non lawyers or lawyers.

As the faculty of seizing a post of such importance is one advantage comparatively rare, depending sometimes upon sagacity and industry, sometimes upon good fortune, hence in the situation of malâ fide defendants the field of enterprize open to the ambitious man is circumscribed within limits comparatively narrow: whereas to he who is content to act from the open, unfortified post of plaintiff, sees the whole "world before him", and, though he had better not look to "providence" need be under no want of "guides".

Yet, so great is the advantage attached to possession that, notwithstanding the boundlessness of the field of enterprize open to the malâ fide plaintiff, yet among the conquerors or invaders whose ambition has been kindled by the invitation held out to them by Judge and C o, if a muster could be made, there would probably be found many more malâ fide litigants on the defendant's than on the plaintiff's side.