9 Jan y 1808

Notes to Judicial Grievance and Remedy Table Table VIII

Notes

If Conceive a nation, in which there are two bodies of law even in the department of substantive law, running counter to each other, with correspondent sets of judicatures, the functions /destiny[?]/ of which coexist[?] in giving execution to those repugnant bodies of law respectively, here is a course of ununiformity of decision the result not of temporary accidents /occasional incidents/ but of a regularly organized[?] and established system of contradiction and confusion.

Then too /more particularly/ the seat of the mischief is exclusively in the system.

It is only in the state of jurisprudential law that two such jarring rules of action could exist together. The seat of the disease being in the form, the jurisprudential form in which they are enveloped, the remedy consists, here as before, in the translation of this part of the body of the law out of the jurisprudential form into that of statute law, as above: always understood and supposed, as a necessary consequence, that when it is thus put into the form of statute law, the repugnancies will be done away, one simple rule being substituted all along /throughout/ to two discordant and conflicting ones.