6 Feb y 1808

Appeal

Principle

25 But whether money be or be not commensurable with the wrong, if on the score of compensation money be allowed, the distinction between principal and interest ought still to be observed, interest ought to be allowed in addition to principal: otherwise the influence of the principle which forbids the supposing a man to take advantage of his own wrong, will fail[?] of extending itself to cases /not extend itself to these cases as to others /of this sort /to these incommensurable cases/.

26. Let ,1,000 for example, be the compensation money allowed to a father for the seduction of his daughter, allowed as in English practice, by the verdict of a Jury: and let a year be ther interval length if time betweeen the day of the wrong committed, and the day of the verdict formed. In this case even supposing the money paid on the day of the verdict found, and the rate of interest allowed the non-commercial rate, not ,1,000 only but in the case of simple interest ,1,050 ought to be the sum paid: But in practice, the money never is paid on so early a day as that on which the verdict is delivered. Therefore to interest up /down/ to the time on which the verdict is delivered ought to be added interest up /down/ to the time on which the money is paid.

To make a distinct allowance in the score of interest as above would to a Jury, though in practice never done, not be physically impracticable /impossible/: but to render /compleat/ the compensation compleat by continuing the interest dwon to the time of payment would be impossible.