30 May 1807

Letter V

II. Proper Remedies

To be the more thoroughly satisfied of the truth of this genealogy that, except in the cases above excepted, the malâ fide suitor owes his birth to the law partnership we have but to observe the advantage they draw from giving him into existence and the means they make use of for that purpose.

The profit derivable from this branch of wayward industry encreasing cateris paribus with the multitude of suits, and with the expensiveness and thence with the dilatoriness and vexatiousness of each suit to the parties, hence that industry set before itself of course two main objects: 1. hence one main object of that industry came to be so to order matters as that the number of suits (being profit-yielding suits should be as great as possible: 2. and that in each suit the expence - viz. the profit yielding part and thence in general the whole of that expence - may be as great as possible.

Both these objects were provided for by rendering the number of malâ fide suitors and thence of suits as great as possible.

The former object manifestly. To the number of suits in which each party believes himself to be in the right, are added the number of those in each of which there is one party who being conscious of being in the wrong would not engage in the suit, being certain of being upon the whole a sufferer by it, were it not for some preponderant advantage which he sees held out to him by the Judge, or what to the malâ fide suitor is the same thing, by the state of the law, the work of former Judges, or legislators acting under the guidance of Judges or other lawyers.

The other object, no less manifestly. - The n o of suits, each yielding a profit, being given, the aggregate mass of the profit extracted from the whole number will be the greater, the greater the quantity of profit-yielding expence arising out of each or any such suit.