9 May 1808

I. Reasons

Ch.II. Law & Pleading simul [...?]

§.1. Simul facile erunt sub lege

3. Necessary as is this mode of adaptation it is not yet sufficient. To be sufficient, the adaptation must be reciprocal. Correctly, compleatly and clearly designated in the lines[?] of the instrument, the tenor of the substantive law will not naturally be in any part of the field of law, certainly will not throughout its whole expanse, unless the text destined to be perpetually referred to be framed with one express view to its being made the subject of such reference.

4. One short illustration will supersede the need of more.

To constitute a sufficient ground for the demand, the existence of some one at least of the causes creative of title must be affirmed, and that of all causes destructive of title, denied, and this in the tenor of an instrument. But to render all these propositions capable of being brought within the compass of a single instrument, and that instrument of such moderate length as shall be not inapplicable to demands of the lowest rank any more than to those of the highest on the scale of importance, it would be necessary that for every article in each of the two opposite lists - causes creative, and causes destructive of title - denomination should have been provided: denomination which if not in every instance comprized within the compass of a single word, may at any rate be comprized within the compass of that sort of clause, which is not too long and complex to perform the office of a noun substantive in the composition of a grammatical sentence. (a)

(a) Examples of Titles from Blackstone Counter title from lawyers.