25 June 1807

(2)

Letter V

II. Litigation

Concluding observations

Where the circumstances of the would be wrongdoer are relatively indigent, especially if those of the intended sufferer by the wrong be relatively affluent, the expence by the prospect of it tends to prevent the commission of the wrong, and where the wrong happens to have been committed notwithstanding, the expence partly by the experience of what is already incurred partly by the apprehension of what may remain to be incurred, tends to prevent the continuance of the suit, by preventing the continuance of the malâ fide defence, and thence the continuance of the suit.

But where the circumstances of the would be wrongdoer are relatively affluent, those of the intended sufferer by the wrong being relatively indigent, the expence by the prospect of its effect on the intended sufferer tends to promote the commission of the wrong, but again when the wrong having been committed accordingly, the party wronged notwithstanding has indigence ventures to such redress and so commences a suit, the tendency of the expence is, as before partly by the experience of what is past, partly by the apprehension of what may be to come, partly by the utter inability to continue the pursuit, to put an end to the pursuit, and so in that way to the continuance of the suit. However, though under the pressure of the expence many of the wrongs produced by the prospect of impunity there will be some that will not be productive of juridicial[?] complaint, yet forasmuch as of the many wrongs which but for this encouragment would not have been committed there will be some that will produce each of them a suit, thus it is that in this case the effect of the expence will be upon the whole to give encrease to the number of suits.