28 April 1808

§.5.

I. Reasons for the Work

§.5. Demand supposes substantive law

§.5. Every instrument of demand requires for its basis a correspondent portion of substantive law to which, it ought to

be adjusted.

1. By §.1 art.3. the business and only object and use of a system of pleading, of which the instrument of demand is the first article is to give execution and effect to a corresponding mass of substantive law: {if no such portion of substantive law exists, the instrument of demand, and consequently whatsoever other [...?] it gives birth to in a consequent chain of allegations are without an object.}

The services which the plaintiff has a right to call upon the Judge to render to him upon demand, are three, and these alone, which the law has commanded or permitted him to render. The persons to whom the Judge is warranted in rendering any such service are those and those alone, to whom the law has commanded or permitted him to render it. The cases in which the Judge is warranted in rendering to such persons any such services, are those, and those alone, in which the supposed right of the person in question to demand the rendering of such service has an efficient cause of the number of those designated by the corresponding portion of the law.