aw 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.
To the difficulties already mentioned may be added the interfering
pretensions of the larger and smaller States. We cannot err in supposing
that the former wo
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