Essays on the Constitution of the United States: Published during its Discussion by the People, 1787-1788
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Essays on the Constitution of the United States: Published during its Discussion by the People, 1787-1788
Constitutional history -- United States -- Sources; United States. Constitution
TO THE LANDHOLDERS AND FARMERS.
It is unhappy both for Mr. Gerry and the public, that he was not more
explicit in publishing his doubts. Certainly this must have been from
inattention, and not thro’ any want of ability; as all his honorable
friends allow him to be a politician even of metaphysical nicety.
In a question of such magnitude, every candid man will consent to discuss
objections, which are stated with perspicuity; but to follow the honorable
writer into the field of conjecture, and combat phantoms, uncertain
whether or not they are the same which terrified him, is a task too
laborious for patience itself. Such must be the writer’s situation in
replying to the next objection, “that some of the powers of the
legislature are ambiguous, and others indefinite and dangerous.” There are
many powers given to the legislature; if any of them are dangerous, the
people have a right to know which they are, and how they will operate,
that we may guard against the evil. The charge of being ambiguous and
indefinite may be brought against every human composition, and necessarily
arises from the imperfection of language. Perhaps no two men will express
the same sentiment in the same manner, and by the same words; neither do
they connect precisely the same ideas with the same words. From hence
arises an ambiguity in all language, with which the most perspicuous and
precise writers are in a degree chargeable. Some persons never attain to
the happy art of perspicuous expression, and it is equally true that some
persons thro’ a mental defect of their own, will judge the most correct
and certain language of others to be indefinite and ambiguous. As Mr.
Gerry is the first and only man who has charged the new Constitution with
ambiguousness, is there not room to suspect that his understanding is
different from other men’s, and whether it be better or worse, the
Landholder presumes not to decide.
It is an excellency of this Constitution that it is expressed with
brevity, and in the plain, common language of mankind.
Had it swelled into the magnitude of a volume, there would have been more
room to entrap the unwary, and the people who are to be its judges would
have had neither patience nor opportunity to understand it. Had it been
expressed in the scientific language of law, or those terms of art which
we often find in political compositions, to the honorable gentleman it
might have appeared more definite and less ambiguous; but to the great
body of the people altogether obscure, and to accept it they must leap
into the dark.
Public-domain text, read in full here on John Shaqi.
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