2 June 1807

Letter V

III. Proper Remedies

II. Insolvent

Within the memory of men now living, a loose and almost sham check applied by the legislator under the guidance of Judge and C o as usual: in the shape of affidavit evidence, uncross-examinable and unopposable, a loose assertion of the justness of the demand, but of any necessity for so strong a measure as the infringement made on personal liberty, not any the slightest mention: arrestation performed, the defendant conducted, neither then nor ever after, into the presence of the Judge to be examined, but for the benefit of the Judge to a Jail, or for the benefit of Judge and C o to a spunging-house, to be squeezed: sequestration, or other security for the eventual forthcomingness or preservation of any objects: whether of the class of things or persons, none whatsoever.

Instead of these efficacious and at the same time unvexatious securities, declared by common honesty, and common humanity, at the suggestion of common sense, the security provided by Judge and C o, in addition to the frequently and at any time causeless arrestation of the person of the party - the defendant, consists in the practice of bailing as it is called, or holding to bail, letting out upon bail. In the character of a measure of security as well as in that of a measure of relief, rather better than none at all. But for the inadequacy of it in both characters, together with its subserviency to the ends of judicature will be shown under the appropriated head.