12 July 1807

10

Letter V

III. Litigat prevented 2 o

II. Directions for the prevention of malâ fide wrongs in general followed or not followed by demand of satisfaction and thence by malâ fide defence.

In substance as well as in expression study so to organize the body of your laws, that in the event of any transgression, whereby wrong with its correspondent damage may fall upon any other party, the party exposed to temptation to transgress, may behold a more than equivalent burthen as eventually about to fall upon him, in the shape of satisfaction - i.e. the obligation of rendering at his own charge satisfaction to the party specially wronged, where the case affords a party so circumstanced; and failing such satisfaction, in the shape of punishment: taking all possible care that no means of delay, nor chance of ultimate evasion may either exist, or present themselves to his view.

Whatsoever check, either in the shape of the burthen of satisfaction or in the shape of punishment, either under that name or any other (for example such as Costs), be provided for the purpose of restraining men from the commission of wrong, take care that no defeasances, no opportunities of evasion or delay, be open by which the real value of it or the influence of it in the imagination of a party under temptation can be decreased. Look carefully over the body of existing law, jurisprudential as well as statutory, for the purpose of putting an end to all such chances and expectations. Suffer not any such effect to be given by the Judge to intervening casualties at large. In regard to such casualties as when they take place are unavoidably productive of this effect, (such as casualties productive of deposition of evidence,) observe by the abolition of factitious delay, to render the chance of their intervention as small as possible.