15 March 1808

Letter V

§.6. Reasons

Ends of Justice

Here then we have nine ends of judicature and judicial procedure, in three knots, with three articles in each knot: the first knot composed of three positive ends; the two others, each of them of three negative. To compare them together we must proceed as arithmeticians do in some cases, and give to all a common shape or denomination; and that a negative one: consider as constituted by so many opposite and correspondent evils not only the two knots of negative ends, but the component articles in the knot of positive ends: designations accordingly, these last by the appellation of ends having for their correspondent and opposite evils, non-administration of satisfaction where due, non-collation of rights where due, non-administration of punishment where due.

This much being promised, now comes the practical use to be made of it in the way of application.

Looking at the evils correspondent and opposite to the direct and positive ends of justice viz. non-administration of satisfaction where due, non-collation of rights where due, and non-administration of punishment where due, we shall see, that of the two sides of which (except in the rare instances in which the Judge acts of his own motive) in every suit at law are to be found, viz. the plaintiff's and the defendant's, the plaintiff's is the only one to the prejudice of which the evils belonging to this knot can operate.