date

23 Mar 1808 Ends of Justice
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.
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    hinted at but posted[?] off.

    Looking in like manner at the evils correspondent to the first mentioned of the two groupes of negative ends of judicial procedure, viz. imposition of undue obligations corresponding and inseparably produced by administration of satisfaction where undue, imposition of undue obligations corresponding to and produced by collation of rights where undue, and imposition of undue obligations whether in the active or in the passive faculties of the individual on the score and in the name of punishment, we shall find, that the only side to the prejudice of which any article in the knot of evils correspondent to this groupe of negative ends of judicature can operate.

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  • Title: [24 June 1804 Procedure Ends]
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    Note (a)

    (a) In /By/ the expression of failure of justice the effect alone is indicated /brought to view/, without any reference made to any person whose act is considered as the cause. In French books, we hear not so frequently of failure of justice, dedaut[?] or manquemont[?] de justice as of denial of justice - deni de justice: a phrase by which the Judge is pointed to, as the person whose act is the sole immediate cause of the obnoxious effect. But in English pprocedure failure of justice, it will be seen, for an instance in which failure of justice is the fault of the Judge as such, it is in some dozen score or hundreds of instances the fault of the legislator: the possibility of so much as applying for justice under the head of expence, not to speak of vexation and delay imposed upon it, a state of things comparatively rare.