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.