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.