Constitutional history -- United States -- Sources; Constitutional law -- United States
The experience of ages, with the continued and combined labors of the
most enlightened legislatures and jurists, has been equally
unsuccessful in delineating the several objects and limits of different
codes of laws and different tribunals of justice. The precise extent of
the common law, and the statute law, the maritime law, the
ecclesiastical law, the law of corporations, and other local laws and
customs, remains still to be clearly and finally established in Great
Britain, where accuracy in such subjects has been more industriously
pursued than in any other part of the world. The jurisdiction of her
several courts, general and local, of law, of equity, of admiralty,
etc., is not less a source of frequent and intricate discussions,
sufficiently denoting the indeterminate limits by which they are
respectively circumscribed. All new laws, though penned with the
greatest technical skill, and passed on the fullest and most mature
deliberation, are considered as more or less obscure and equivocal,
until their meaning be liquidated and ascertained by a series of
particular discussions and adjudications. Besides the obscurity arising
from the complexity of objects, and the imperfection of the human
faculties, the medium through which the conceptions of men are conveyed
to each other adds a fresh embarrassment. The use of words is to
express ideas. Perspicuity, therefore, requires not only that the ideas
should be distinctly formed, but that they should be expressed by words
distinctly and exclusively appropriate to them. But no language is so
copious as to supply words and phrases for every complex idea, or so
correct as not to include many equivocally denoting different ideas.
Hence it must happen that however accurately objects may be
discriminated in themselves, and however accurately the discrimination
may be considered, the definition of them may be rendered inaccurate by
the inaccuracy of the terms in which it is delivered. And this
unavoidable inaccuracy must be greater or less, according to the
complexity and novelty of the objects defined. When the Almighty
himself condescends to address mankind in their own language, his
meaning, luminous as it must be, is rendered dim and doubtful by the
cloudy medium through which it is communicated.
Here, then, are three sources of vague and incorrect definitions:
indistinctness of the object, imperfection of the organ of conception,
inadequateness of the vehicle of ideas. Any one of these must produce a
certain degree of obscurity. The convention, in delineating the
boundary between the federal and State jurisdictions, must have
experienced the full effect of them all.
Public-domain text, read in full here on John Shaqi.
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