2 June 1807

Letter V

II. Proper Remedies

To preserve the subject-matter in dispute, according to the nature of it - belonging to the class of things or of persons - from embezzlement, dissipation, destruction, deterioration - measures alike rapid, unavertible, efficient. (See Delay and Complication Tables, Tab.I. Col.II)

For giving to these measures at the same time the surest efficiency, and the speediest termination, examination of the Defendant by the Judge - according to the exigencies of the case, in public, or at the defendant's own request in private - with or without the presence of the adversary - the plaintiff, unless for special cause his presence be dispensed with, being also present, in order to his being responsible, in case of undue vexation thus caused by him, through malâ fides or even temerity.

The circumstances of the defendant being thus ascertained, in respect of pecuniary sufficiency and all other needful respects, the arrestation of the person - the sequestration of his effects - either or both precautions - are continued or not, according to the exigency of the case.

By ordinary procedures thus displayed, the ends of justice would in every point be served; never without cause, nor then but with the least possible vexation and expence to the debtor, the greatest possible security would be afforded to the creditor.

Given the plan of the North, so is that of the South. Given the course prescribed by the dictates of justice, so is the course observed by Judge an C o in pursuit of the ends of judicature. Arrestation of the person of the supposed debtor or other defendant, yes: and so long as the pursuit of the ends of judicature on this behalf remained as it did for ages without a check from the legislature, without any the slightest security for veracity or bona fides on the part of the plaintiff: the personal liberty of every body an object of sale to every body, by, and for the benefit of, Judge and C o all that time.