1 June 1807

Letter V

III. Proper Remedies

1. Solvent

What remains, is - to make application of this rule to the different positions in which in respect of interest, a malâ fide suitor - and in particular a malâ fide defendant - when arrived at the stage of appeal, is liable to find himself.

But, the interest by which at this stage a man's interest is governed, and in consequence his line of conduct may have commenced long before - may have existed antecedently to the suit, and given birth to the part he takes in it, the plan of operation on the part of the legislator must therefore commence at a stage equally early, so as to enable the legislator, by his instrument the Judge, to act upon a malâ fide defendant at the very commencement of the suit.

Calling the malâ fide litigant by the name of knave - (and this not for wit or malice, but as among mathematicians for abbreviation) let us for the present purpose divide the genus into two species - the solvent or frugal knave, and the insolvent, commonly the dissipating knave.

In the two characters corresponding to these two specific differences his interest is liable and apt to point different ways.

The invitation held out by Judge and C o accommodates itself to his interest in both characters.

Correspondant to these differences must be the course taken in dealing with him by the operations of the legislator.