19 June 1807

(4)

Letter V

II. Litigation

In these cases

1. denial of justice is such

2 Which for advantage of [...?] [...?] [...?] by the lawyer

Would Your Lordship wish to see expressed in figures the effective force of these two illusions put together, and at the same time the degree of success with which the astutia expended on this head has been crowned? The problem would not be insoluble.

In the Common Law Courts of Westminster Hall call for the total number of verdicts given in favour of the Plff in the course of the year in actions by which money is demanded with the respective sums. Call at the same time for such accounts as would furnish the means of ascertaining the average difference between costs received from the Defendant by the Plff. by way of reimbursement for money disbursed on his side, and the money actually disbursed by him: in a word the unreimbursed expences on the plaintiff's side.

My expectation would be to find the number of instances in which the plaintiff having a verdict on his side is a gainer by the suit less numerous than those in which he is a loser.

Suppose, for argument's sake, the numbers equal: reference being made to the ends of justice, what in this case is the result? - that, of the whole number of cases in which justice is pretended and supposed to be administered, and the engagements taken by the main body of the law fulfilled, in one half not simply denial of justice is the result, but denial of justice to the injured, aggravated by a load of positive injustice heaped upon him, that though the part in the wrong is oppressed, yet the party in the right, instead of being relieved in oppressed along with him: and that both parties are plundered by Judge and C o in pretence of relieving that one of them to whom relief is due.