8 July 1804

Procedure and Evidence

Evil causes 4th order

Anti-merits substantive law

If wit, according to the expression given of it /acceptation of it embraced/ by Locke and other grave writers be considered as the produce of a faculty opposed /opposite/ to judgment - having its growth in the imagination, and consisting of allusions - (a species of manufacture in /an article to which the/ /in the nature of// power of pleasing in any way or degree whatsoever is not understood to be -----) reasons of this complection may be considered as ------ /belonging/ a particular species of wit which may be called /------ by the name of/ lawyers' wit: in French de l'esprit a la jurisconsulte.

If on each occasion, wit of this stamp /complexion/ were capable of being turned to the individual motives /causes/ that gave birth to it, abundance of ----- history, still more instructive than that of ----, might be brought to light. In the case of larceny for example, on this or that occasion, this or that judge was desirous, for /from /this or that reason/ motive/, to save this or that criminal from the punishment due to his crime. When power exists /abounds/ pretence can never be wanting, and there is no form of words that will not serve for it /does not ---- not be made to serve for it.