28 April 1808

I. Reasons for the Work

§.2. State Ground of demand

§.1. In every instrument of demand, the efficient cause of the demandants right to the service demanded ought to be designated.

1. Rights have, by Blackstone, been distinguished into general or absolute, and special or relative.

2. Every right, created, conferred, and recognized as such, by the legislator has an efficient cause, all general or absolute rights, the efficient cause is no other than the state and condition of a known[?] human being, in the case where the right is of such a nature as to be considered of concern (saving special exceptions) to all mankind, in so far as by the legislator in question it has been thought fit to extend to them to the purpose of the right in question the benefit of his laws: a special right, a right which is considered as confined to some individual or to all individuals of a particular description or class to which class the individual in question (say the plff.) belongs, has in every instance a correspondent special efficient cause.

3. In the efficient cause (general or special), of a right, two parts may in every, or almost every, instance be distinguished: the one positive, the other negative: the positive consisting in the existence or taking place of the event or state of things by which the right in question is conferred on the party in question, and he invested with such his right - an event or state of things having in his favour the effect of a collative event or investitive cause of right: the negative consisting in the not taking place or non-existence of all such events or states of things, of any one of which, had it had place, the existence would have been sufficient to divest him of such his right and then to take it away from him, or prevent his being invested with it: events or state of things, any one of which would in his disfavour have had the effect of an ablative or divestitive event or state of things.