date

13 March 1808 Letter V §.6
13 March 1808

Letter V

§.6. Reasons

Ends of Justice

Sufficient of every one fit to be executed

(On this occasion two suppositions are all along implicitly involved, that the legislator himself be the lawful legislator, and that whatsoever he ordains to be done, is fit to be done and ought to be done. For the purpose of all investigations relative to the ends of judicature these points must be considered as already settled: on any other supposition the inquiry, by what means execution and effect may to the best advantage be given to those ordinances, would be a vain and useless one.

(Non administration of satisfaction (as for wrong) where due - non-collation of rights where due - non-administration of punishment, where due - in the several modes of conduct thus described may be seen so many modes of wrongdoing, so many modifications of injustice, on the part of the Judge. To the results thus produced, the denomination of evils can not, consistently with the necessary supposition just mentioned, be refused: nor to any acts by which they have been produced, the determination of acts of in-justice.)

From what has been said it appears - that the adjective branch of the law - the system of procedure has a proper and direct end belonging to it - viz. the giving execution and effect to the ordinances established by the main or substantive branch:

- that the functions of the substantive branch being distinguishable as above into three divisions making regulations concerning the collation of rights, viz. 1. administration of satisfaction in relation to the corresponent wrongs in case of wrong. 2. making regulations concerning the collation of rights, where to render them compleat they require the intervention of the Judge:-

/1 - giving indication of/

/1 - describing the cases/
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  • Title: [13 March 1808 Letter V §.6]
    Description: 13 March 1808

    Letter V

    §.6. Reasons

    Ends of Justice

    But the functions of the substantive branch being distinguishable into three principal divisions - giving indications of the cases in which rights shall be considered as created and possessed, and satisfaction as for correspondent wrong shall eventually be administered - of the cause[?] in which, at the requisition of a party, rights shall be conferred on him by the Judge - and of those in which at the instance of a proper person, punishment, for the more effectual prevention of wrongs shall be administered, the one object just mentioned as constituting the main end of the system of procedure will admitt of three correspondent divisions: from which result three specific or more particular ends - and all of them equally direct - 1. administration of satisfaction where due: 2. collation of rights (to be conferred by the Judge) where due: and administration of punishment where due.

    These being proper ends of the system of procedure, judicial procedure may with equal propriety be termed proper ends of judicature: and these appear to be of the number of those ends which are commonly in view on the part of those who speak under the appellation of ends of justice.

    To the results correspondent and opposite to the results designated by these ends, viz. non-administration of satisfaction where due - non-collation of rights where due, and non-administration of punishment where due, no one, it is supposed, will refuse the appellation of evils - injustice or modification of injustice - acts of injustice - evils opposite and correspondent to those several ends of justice.
  • Title: [28 April 1805 Evidence Ch.1]
    Description: 28 April 1805

    Evidence

    Ch.1 Ens

    '. Opposite Evils

    In the instance of each of these several ends, the attainment /fulfilment/ /accomplishment/ of it is a good, the non-attainment, non-fulfilment, non-accomplishment of it is an evil. General direct end of the system of procedure, giving effect to of the /giving fulfilment/ arrangements, predictions and engagements contained in the substantive branch of the law. Evil corresponding and opposite to that end - Inefficiency, non[?]-fulfilment of those same arrangements, predictions, engagements.

    First particular end - first branch of /Particular direct end the first: branch the first of/ the General direct end of the System of procedure - Administration of punishment, where due. Evil corresponding and opposite to this end - Non-administration of punishment where due.

    Second particular direct end; second branch of the General direct end of the System of procedure - Collation of rights, where due. Evil corresponding and opposite to this end - Non-collation of rights, where due. Third particular direct end; third branch of the General direct end of the system of procedure - Administration of satisfaction where due. Evil corresponding and opposite to this end - Non-administration of satisfaction where due. Let not this nomenclature be considered /regarded/ as so much useless sound: ample use will be /continual use will be/ seen[?] to made of it as we advance.
  • Title: [27 April 1805 Evidence Ch.]
    Description: 27 April 1805

    Evidence

    Ch. Ends

    '.3. Procedure branch

    Particular ends.

    2. Wherever /On whatsoever occasion/ by the arrangements made /prescriptions is/ by the substantive branch of the law an inchoate right is conferred, if in /by/ virtue of those arrangements the Judge is /be/ required, as well as authorized, on demand or application to that effect made by him on whom it is conferred, to convert it into a consummate right, to consummate it a service of collation to that effect becomes due to him from the Judge. Second particular direct end or object and function of procedure - providing for the collation of rights, where due. 3. In case of an offence importing injury to an assignable individual, and that injury susceptible of satisfaction, the remedy afforded by punishment and thence by vindictive satisfaction, is if unaccompanied by satisfaction in any other shape, almost always, incompleat and inadequate. On the other hand whereas The suffering produced by the burthen of rendering satisfaction, producing as far as it goes the effect of punishment, is frequently altogether sufficient for and adequate to that purpose. The remedy afforded to the individual by the punishment of the injurer, and thence /that is/ in the shape of vindictive satisfaction, is if unaccompanied by satisfaction in any other shape, almost always incompleat and inadequate.

    Third particular direct end or object and function of procedure - providing for the administration of satisfaction, where due.