13 July 1807

18

Letter V

III. Litigat prevented 2 o

VI. iracundus

The above in the case where the welfare of a person under power, for example in the character of a wife or suppose wife, a ward, or an apprentice, or the good condition of a thing susceptible of a value of affection, as a token of love or friendship, a house, a horse, a picture, or other rarity of art or nature, is at stake.

When nothing more is at stake than mere money or ordinary money's worth, the faculty of affording in this way to the passion of enmity any considerable gratification will be taken away of course, or proportionably lessened, by every reduction made in the quantity of factitious expence and vexation, the power of creating which is, under the technical system, upon sale to every dishonest individual whether in the station of plaintiff or that of defendant is disposed to purchase it.

On this as on former occasions note once more the difference between the two masses of injustice, the unavoidable and the optional: the unavoidable that which it being necessitated by the system, the parties in their respective stations are forced to concurr in the creation of, on pain of not being received to act in those their respective staions: the optional, in the manufacture of which the party is allowed to concurr without being thus compelled: the unavoidable part may be removed to a certainty and in every case by the substitution of the uncorrupt system to the corrupt one: that done the removal of the optional part will depend in each instance, upon the temper and prudence of the party under temptation: upon the force of the regard he has, at the moment of trial for his own ultimate interest and welfare. But this supposes the Judge to have done his part towards the prevention of the mischief, as well as you yours.