21 Apr. 1808

Letter V

Ch. Appeals

There are ways in which on the [...?] of justice, it is desirable that in this stage as in the /every/ anterior stage, suits at law, termed in the aggregate litigation, [...?] be prevented, and to the [...?] extent possible.

1. In so far as the suit has an [...?] [...?] for the cause, the uncertainty of the law /rule of action/ giving to it /providing it with/ a determinate form of words, for the expression of it, if as yet it has no such receptacle, [...?] reducing /transmuting/ it from out of the form of jurisprudence law imaginary law rule[?] statutory, the only real law: or if already it be in the form of real law and substituting to the ambiguous or obscure expressions in which the uncertainty has its seat[?], such as shall be clear and determinate /unambiguous/.

2. In so far as the uncertainty has for its seat the question of fact, doing what depends on the legislator, and that[?] without Imprudence [...?] in other stages can be done towards giving notoreity to all such facts /matter of fact/ as an [...?] and fitted by their nature to [...?] as grounds either for individual demand or juridicial defences: ex [...?] [...?] the fact of his having entered into a contract to this new[?] effect of a mans having committed an offence if there is that description and so forth.

3. In so far as the suit has in the stage in question [...?] that of appeal has for its cause any failure[?] if incompleted - in the case of the Judges want of appropriate harmony, want of intellectual skill discernment, want of the faculty of decision, want of [...?] /want of propriety[?]/, taking such measures as the nature of the case admitts of for as for instance of each Judge the marks[?] of the sword[?] [...?] thus desirable on the part of every Judge: partly by provisions[?] respecting the choice to be [...?] of [...?] for this office, partly by the application of by means of such apt space[?], guides and [...?] as the nature of the case admits of.