[094-163v]

6 March 1808

on L d Eldon's Bill

Letter V

'.5. Reasons[?]

Ends of Justice

2. Sect the 2 d /Second of the ends of justice/ a collateral and [...?] end of justice. Positive dsicrimination none: litigation denomination, avoidance of denial of justice avoidance of refusal that species of vexation which is committed by refusal or undue omission to take cognizance of a judicial complaint. Denial of justice is [...?] the cost correspondent and opposite to this second end of justice.

[...?] In respect of its mischievous consequences, the cost of [...?] denial of justice coincides in the main with misdecision to the prejudice of the plaintiffs side: the plaintiff being left in respect of the service demanded by his plaint left in the same plight as of cognizance of his plaint having been taken, the rendering of the service so demanded had been refused. But forasmuch as in this case[?] no suit[?] has been so much as commenced, no such evil as that of the expence of that of the vexation at [...?] as a greater or less degree on every suit at law has been sustained: and thus far to the extent of their collateral inconveniences the evil of denial of justice is in each instance a less evil than the cost of misdecision to the prejudice of the plaintiff's side.

3. Sect the 3 d /Third of the ends of justice/. Positive unvexationess: viz. of the operations performed in the course /in each instance/ of the judicial procedure. denominative: negation denomination, avoidance of vexation: viz. of whatever /whatsoever/ portion of it the evil so denominated, being not necessary to [...?] of division, may therefore be considered as superfluous, and what as such needed not and ought not to have been produced. Vexation[?] (viz. judicial vexation) is the evil correspondent and opposite to this end of justice /one of the ends/. This end of justice may be excluded as a collateral end of justice. Avoidance of vexation is not the direct object of any judicial [...?] complaint: of any suit at law. That object, were it the direct and sole object on view would be more effectually attained.