24 June 1805

Evidence

Introd

Ch. Non-Notoriety &c

''.1. Connection

Again. Uncertainty may not only follow and remain notwithstanding knowledge (knowledge of the existence of a law bearing on the subject in question) but precede and lead to it. In cases where the law in question professes a certain degree of natural notoriety, (as for instance where the obvious mischievousness of the act prohibited by it, and the unavoidable observation of instances where the breach of it has been furnished, point constantly to the knowledge of it, as in the case of the laws forbidding homicide and theft) in these cases, the knowledge of the existence of the law can scarcely be said to be attended with any previous uncertainty. But suppose a [...?] in short matter is mischievousness of the act equally obvious are are examples of the infliction of punishment in the score of [...?] open to observation: as for instance the art of corresponding in our time with an enemy. That correspondence to some purposes can not in such case but be punishable, and if punishable or not, punishable in the a very sever degree, or among the conceptions that can not ever have escaped me. On the other hand, on my looking round for /[...?]/ the purpose, instances occurr to me which correspondence is kept up with the money[?] by multitudes of my fellow subjects, and that openly and with the knowledge of government, and yet no punishment attaches upon any body on that score. The severe punishment to which I regard myself liable in case of [...?] (at the time that my connection with a private friend in the enemy country prompts me to correspond with him) engages me in the inquiry, which leads to the knowledge of the existence of the laws bearing upon that subject. Prosecuting on inquiry I find these laws intelligible or unintelligible, and in so far as the terms of them are intelligible, more or less certain or uncertain as to [...?] /[...?]/ ultimate purport and effect.