1 [...?] 1807

(11) 18

Letter V

II. Litigation

46

III. Delay

The whole force of the artist's ingenuity having been expended in the manufactory of irreproachable uncertainty and delay clear if possible of reproach to the manufacturers.

4. Delay:- contrivances employed by Judge and C o for the promotion of it.

As to the instruments employed for the manufacture any regular enumeration of them would in this plan be superfluous. The principle and most efficient of them may be seen among the 20 devices enumerated in the first of this series of Letters: and again with additions, making 28 in the whole, and exemplifications, in the Table the 3 d of the Delay and Complication Tables here to annext.

The corresponding counter-arrangements proper to be taken by the legislator for the prevention of these several delays being so plainly indicated either expressly in Letter the 1 st in company with the several devices, or by the very nature and description of the device in each instance, it seemed unncessary in this plan to give a separate enumeration of them.

1. Exclusion of parties, from first to last, from the presence of the Judge - 2. Abuse of writing - 3. Tribunals put out of reach - 4. Blind fixation of times - 5. Sittings at long intervals - intervals of denial of justice as between Term and Term, between Circuit and Circuit. 6. Bandying the cause, on a variety of occasions and pretences, from Court to Court - 7. Decision in the first instance without thought and upon principles purely mechanical, to make occasions and pretences for applying the principle of nullification, and to make ground for future contingent applications and decision, with human reason, taken now for the first time as a guide - 8. principle of nullification - an engine equally applicable to the manufacture of injustice in both shapes, misdecision ( frequent misdecision, whence uncertainty) and delay - 9. Mendacity-licence, the source of assertions, replies and counter-assertions, rendered by the abuse of writing, in length and number alike infinite - 10. Means of securing forthcomingness, subjected to endless diversifications, with consequent contingent failures, and repetitions;- forthcomingness, whether on the part of persons or things - person as parties or witnesses - things, as sources of evidence, or parcel of the matter of satisfaction and subject of demand - 11. Chicaneries in regard to notice, with consequent failures and repetitions - 12. Asylums local and chronological, with consequent delay so long as the object of [the] search continues to elude it - An enumeration thus brief may for the moment save the trouble of reference.