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/