31 May 1807

Letter V

II. Proper Remedies

1. Solvent knave[?]

To observe the shape given by the man of law to the bounty thus offered for an instrument of malâ fide suitors was matter of indispensable necessity: such as hath been the shapes given to the bounty thus given by the Judge for the enlistment of these the instruments of his power and opulence, such is the shape that must be given by the legislator to the only instrument which with any rational prospect of success, he can hope to effect the extirpation of them.

We have seen the chief resources, the whole force of the artists genius expended in the production of factitious delay, (clear, of course, as far as might be, of all visible reproach to the manufacturer) as on all occasions and in all stages of the cause, so in particular on the occasion of appeal.

The whole secret, if it be one, is declared by this one simple though comprehensive expression - making it the interest of dishonest men to become and continue litigants, i.e. suitors, on which-ever side of the suit their position in relation to the matter in dispute calls them to.

On the particular occasion here in question, making it the interest of the malâ fide suitor to become appellant. Such under the reign of jurisprudential law, and under the impulse, given by the fee-gathering system - such, and with but too much success, has been the study of the Judge.

Corresponding to the cause of the disease, must on this, as on other occasions, be the nature of the remedy. Take away the interest, in pursuit of which the dishonest man becomes and continues malâ fide suitor - most commonly malâ fide defendant - the malâ fide defendant, malâ fide appellant.

Such, by the arm of statute law - such, if really it be his wish to extirpate the disease, must and will be, the operation of the legislator.