date

14 March 1808 Letter V §.6
14 March 1808

Letter V

§.6. Reasons

Ends of Justice

1. These[?] evils

2. The [...?] evils[?] which are the causes of [...?]

Thus far the ends of justice admitt of being designated, and may with most simplicity, and therefore with most propriety, be designated by appellatives of a positive cast. Thus far, but not one step further: for to the best of these ends no further addition can be made, otherwise than by reversing the logical form of the appellative, and to the positive form above brought to view substituting throughout a negative. Evils there are, and in too great [an] extent and abundance, to which the course of Judicial procedure is in every instance liable to give birth.

1. When a benefit to an individual in the character of plaintiff is administered in the character of satisfaction, viz. as for wrong, is not due to him - whether because no wrong did on the occasion in question take place, or the individual on whom, by the Judge, it was charged, was unduly charged, with it, here, instead of satisfaction administered where due, see the power of the Judge employed in the imposition of obligations, burthensome obligations, unduly imposed on the individual at whose charge the benefit administered in the name of satisfaction was administered and enforced.

2. When the judicial service whereby the right which at the instance of a plaintiff was conferred on him by the Judge, was not due, has instead of collation of right where due, or as the power of the Judge employed as before in the imposition of obligations, unduly imposed, on the individual at whose charge and to whose loss, the benefit unduly bestowed on the plaintiff under the notion of his having a right thus to reason it was bestowed.
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  • Title: [15 March 1808 Injustice is an appellative]
    Description: 15 March 1808

    Injustice is an appellative, the application of which is not confined to either side. But, in practice, the application of it does not seem alike divided and determinate in regard to every one of the nine articles contained in the above list of evils correspondent and opposite to the so often mentioned ends.

    In the case of those evils the seat of which is confined to the defendant's side, there is no room for doubt. That to the prejudice of him on whom undue obligations are imposed, in whatsoever nature those obligations may be, and on whatsoever score imposed, viz. punishment (the punishment being undue) satisfaction, as for wrong unduly administered to the benefit of a party stationed on the plaintiff's side, or unduly made collation of rights in favour of a party on that same side - but in any of these uses injustice has place as often as to the prejudice of an individual on the defendant's side undue obligations are imposed, are propositions the propriety of which does seem in any degree exposed to dispute.

    In the same case seems to be the propriety of the appellation when applied to two at least of the three evils correspondent and opposite to the nine direct ends of judicature: viz. non-administration of satisfaction when due, and non-collation of rights when due.
  • Title: [23 Mar 1808 Ends of Justice]
    Description: 23 Mar 1808

    Ends of Justice

    To match with these, the first parcel I found of ends of a necessarily negative description were - general end, avoidance of injustice to the prejudice of the defendant's side: particular ends, immediate ramifications[?] of the above general one - Imposition of such undue obligations by /viz. of such by the imposition of/ which if due satisfaction for wrong would have been administered to the plaintiffs 2. Imposition of such undue obligations by the imposition of which at the instance of the /a/ plaintiff punishment would have been administered, would have been inflicted on the defendant.

    Next to these, but in a line with /still in the same line with/ these were - evils, vexation, expence and delay; ends avoidance of superfluous vexation, avoidance of superfluous expence, avoidance of superfluous delay /expence and delay respectively/; evils, linked it /together/ as one[?] in the most intimate /by the closest bonds of/ connection, but not the less distinguishable.

    Here then were nine ends of justice well told, all of them in a negative dress, and all /none/ but the three first not susceptible of any other.
  • Title: [12 March 1808 Letter V §.6]
    Description: 12 March 1808

    Letter V

    §.6. Reasons

    Ends of Justice

    For securing to a man the benefit of a right, ordaining satisfaction to be made to him in the event of the commission of the correspondent wrong, will not always be sufficient, without the aid of punishment to be inflicted on the wrongdoer: of the burthen imposable on him by satisfaction administered at his charge, the prospect will not always, in the character of punishment be sufficient to deter him from the commission of the wrong: the matter of satisfaction (money for example considered as thus applicable) the matter without which adequate satisfaction can not be made, is wanting to many a man: the matter of punishment can never be wanting to any man to whom the sense of feeling is not wanting.

    In the case of him to whom, after conferring on him a right of a certain description, satisfaction, in the event of his having sustained the correspondent wrong, is ordained by the legislator to be administered by the Judge, satisfaction in that event, to be administered by the Judge, is due:

    To him, to whom in a case described, a right is by the legislator ordained to be conferred by the Judge, collative of such right, is in service due in such case from the Judge:

    In the case of him, on whom in the event of a wrong of a certain description committed by him, punishment of a certain description is by the legislator ordained to be inflicted or administered by the Judge, such punishment, is in that event thus from the Judge.

    Correspondent wrongs or offences by the Judge these wrongs[?] evil - these evils correspondent to so many ends of justice & judication.