29 June 1807

*4

Note Judge

Letter V

II. Litigation

1

Directions to Judge and C o in regard to wrongs and litigation. Of the object or policy proper to be pursued by you in regard to wrongs and litigation together, litigation in respect of its lawyers'-profit, wrongs viz. either wrongs already committed or supposed to be committed, or the hope of committing future ones, being the only indispensable causes of litigation - a general indication is given in like manner in one word: promotion, denial of satisfaction: promotion, in so far as they can be promoted: denial of satisfaction in so far as by the denial of satisfaction in one instance the commission of wrongs may be promoted in another.

On each occasion let it be your care so to order matters, that in the eyes of the proposed wrongdoer i.e. the party under temptation to committ the wrong, the fall of the whole impending counterburden and in particular the burthen of making satisfaction included shall appear less probable than the contrary. This in the first place, before the wrong is committed, to the end that it may be committed: and afterwards, in the case where satisfaction has been demanded at law by the party wronged, that the course of litigation so commenced may be continued as long as possible so far as depends on the defendant's side.

Remember however that to the commencement and continuance of the litigation, it must be your endeavour when the wrong has actually been committed, it is necessary that so far as he is concerned the same event viz. the receipt of the satisfaction on his part shall appear more probable than the contrary.

Remember the case of the head, and the dispute about it between the two travellers: one said it was white, the other black; and both said right: the points from which they viewed it were opposite.