date

9 Aug. 1804 Procedure Ch. Non
9 Aug. 1804

Procedure

Ch. Non homologation

impart. conception

can't draw lines[?]

''. /..../ - is unable to draw lines. -

to fix quantities.

Another characteristic property is - its utter and radical incompetency to one of the most essential functions of legislation: a function the non-exercise of which is an inseparable bar to every approach to certainty, to political security. I mean the operation of drawing lines - of liquidation - of drawing lines - of fixation of quantities of all sorts - place, time, number, weight and measure.

The few the very few attempts that have been made to operate in this line serve but to display in the clearer colours the incompetency of the workman to the task: the degree of antiquity as apparent /declared by the date/ upon the face of the instrument - the length of time after which examination of witnesses shall not be necessary to establish the authenticity of it, at one time 40 years: by more recent decisions, 30 years: 2. the length of time (20 years) after which (excepting such and such exceptions) the obligation contracted by a bond shall be presumed to have been dissolved: 3 the length of time after which the obligation respecting the payment of the ballance of an account shall be presumed in some way or other to have been dissolved. To these three /four/ examples it would I am inclined to think be found impossible to add three /four/ others. The several productions of Statutory law termed Statutes of limitations - enabling and restraining statutes not to mention others display themselves by their very titles as so many evidences of the impotence of jurisprudential law in regard to /respect of/ a function      a wound to be presumed the cause of death, if the intervening interval be less than a year and a day: a rash fixation pregnant with error and decreed from /hard done by originating in/ ignorance. so indispensible in /essential to/ political life. Scarce a statute that performs not in this line // which it is evidence could not be performed by /in the way of/ jurisprudential law without barefaced usurpation and injustice.
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    By the above examplifications /illustrations/ the incompetency of jurisprudential law to the purpose of fixation, to fixation in all manner of ways will perhaps be regarded as sufficiently demonstrated /proved/ as well as explained. In the same say may its incompetency be shewn in respect of all the other subject /other subjects/ of fixation: modes of quantity of other sorts, modes of quality, degrees (which have been defined /not inaptly defined/ quantities of quality: to which may be added species of things and exceptions, limitations and conditions to regulations of all sorts, whether obligatory or de-obligatory.

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    In cases in which profit and power are concerned, averseness to doing business is by no means a certain /a universal/ accompaniment of the incapacity of doing it well. Incompetent as Jurisprudential law /the jurisprudentialist/ is to the operation of applying exceptions conditions and limitations to general rules, no backwardness on his part as to the execution of this part /these branches/ of the task of fixation has ever been observerable in his practice. The principle of irrelevant decision is in every application of it, a system of exceptions, conditions.

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    suppose 16 years, an attempt made to [...?] the bond to be pronounced antiquated /a plea of antiquation exhibited/ on the ground of that length of time, and the attempt reacted /plea repelled/, would not this /a decision to this effect/ it may be asked serve to fix the rule at both ends? No, that it would not: for between the sufficient length of 18 years and the insufficient length of 16 years there remain a length of 2 years wrapped in impenetrable darkness. Two years contain 730 days, each capable of furnishing its separate decision: but in the number of 730 /decisions/ we have happily a maximum by /at the end of/ which happen the worst / at the worst/ the main of uncertainty will be exhausted, opposing fractions of days to be thrown out of the account.

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