8 March 1807

Judicial Justice

Letter V

Degrees

Naturally, therefore, it is the supreme legislator that is supreme Judge. The object of judicature is to maintain in the conduct of all the people considered in the character of subjects a conformity, a constant conformity to [the] expression given to the supreme will as being the universal standard of rectitude.

What then is the object, the end in view, in allowing to the suitor the faculty of recurrence to this universal standard of justice? what then is the proper object - the proper end in view? to maintain the conduct of the Judge, and thence of the people in a state of conformity, to that supreme will - of conformity as universal, and in every respect as perfect as possible: to maintain this conformity, and of course with as little collateral inconvenience, in the shape of delay, vexation and expence, as possible.

If these considerations be just, they lead at once to one fundamental rule or aphorism concerning degrees of jurisdiction.

1. So far as matter of law is concerned, the number of degrees of jurisdiction ought to be, in regard to every sort of suit, as small as possible, as small as may be, prudential as well as physical practicability considered.

2. So far as matter of law is concerned no degree of jurisdiction ought ever to be added, but for some special cause, proving that for want of it the ends of justice taken in the aggregate, fail of being provided so effectually as they may be by means of it.