The Green Bag
62
professor, and, from a literary view point, was a man of such ability that he had for a number of years held the chair of literature in the University of Pennsylvania. His following remarks therefore come weighted with all the prestige of the highest literary and pro
fessional standing.’ Indeed at the time he wrote he was serving, by appoint
ment of George Washington, as one of the first Justices of the Supreme Court of the United States, and, as suggested by Joseph H. Choate, “might well have been made its first Chief Justice." He was in fact, as also declared by Mr. Choate, the first Chief justice of the Nation, having been Chairman of the Committee on Appeals of the Conti nental Congress our first and tothat
time only Federal Court of Appeals. Referring to the confused mass of the
statutes as they existed in his day, Wilson said :—
written, it may be supposed that law is, in its nature, unsusceptible of the same simplicity and clearness as the other sciences. It is high time that law should be rescued from this injurious imputation."
Also asserting :— “As were the divinity and the law, such
likewise was the philosophy of the schools during many ages of darkness and barbarism. It was fruitful of words but barren of works, and admirably contrived for drawing a veil over human ignorance and putting a stop to the progress of knowledge. But at last the light began to dawn. It has dawned, however,
much slower upon the law than upon religion and philosophy. ‘The laws,’ says the cele brated Becarria, ‘are always several ages
behind the actual improvement of the nations which they govern.’"
And again :— "Deeply penetrated with the truth and the force of these remarks, which are supported by the most respectable authorities, Ishall not justly incur the censure of innovation if I express my opinion, that the law should be written in the same manner, which we use
"They are crowded with multifarious, sometimes with heterogeneous and disjointed circumstances and materials. Hence the obscure, and confused, and embarrassed periods of a mile with which the statute books are loaded and disgraced."
Then he emphasized the importance
when we write on other subjects, or other sciences. This manner has been already adopted with success in the Constitution of the United States and in that of Pennsylvania."
And concerning both, no one could speak with more authority, for
modern research has shown that with
of clearness:—
both James Wilson had had more to do in drafting than any other one
"But simplicity and plainness and precision should mark the texture of a law. It claims the obedience-it should be level to the under standing of all.’I
man. I wish space permitted quoting more in extenso from Wilson's luminous views
And declared :— "From the
manner in which other law
upon this important matter. This pre liminary report from which the quota tions are made was presented in August, 1791, to the Speaker of the Pennsyl
books, as well as statute laws, are usually ‘T hose who desire a closer ac uaintance with Wilson are referred to Wilson's 01k: (Andrews edition) Chicago. 1896; to jam: Wilson and the Wilson Doctrine, North American Review, Vol. 183, pp. 971-989; to ames Wilson, Nation Builder. run Bag, Vol. 'IX, pp. 1-—9; 98-109; 137-146; 265-276; also to James Wilson in the Atlantic Monthly for September. 1889. pp. 316-380. and to the Wilson Memorial Volume shortlyto be lished, sub nomine, "James Wilson, Nation Buildie‘i'," and for which the British Ambassador, the Rt.
Hon. James Bryce, has written the Introduction.
vania House of Representatives, under the auspices of which the work was undertaken. Four months later
(31
December,
1791) Wilson forcefully expressed to George Washington (in two letters re cently located in the government ar chives in Washington) his conviction of
