9 May 1808

Ch.II §.2.

I. Reason

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

§.2. simul ficiat[?] sub jure

§.2. Correspondency, what naturally has place between them, of which they are susceptible under Unwritten law.

1. In the region of unwritten law, every thing is unreal, imaginary, fictitious, delusive - the words, the penman, the place, the time - every thing.

The substantive branch of the law has no determinate words, no avowed author, was made at no assignable place, at no assignable point of time. The foundation of the demand, in so far as laid by substantive law, having no form, no existence: it is impossible that any instrument of demand should be moulded on it: a mass of sculptured drapery can not be cast or fitted upon a Shadow.

2. But though between two objects, one of them, viz. the instrument on good occasions at least, ideal, the other the portion of substantive law compleatly so, no written[?] well-tempered harmony, no close fitting, nothing like correct, compleat and mutual adaptation can take place, yet so far as the nature of the objects admitts, a sort of correspondancy is not altogether wanting.