TO GEORGE WASHINGTON, ESQUIRE.

Not as a Tribute to the Worth, which no Acknowledgement, or

Distinctions, can reward; but to do himself an Honour, which, by

labouring in the same Common Cause, he flatters himself, in some

Degree, he hath deserved; the Author begs Leave to inscribe the

following imperfect Essay.

It is my intention, with all possible plainness, to examine the

proposed plan of a Federal Government. Its enemies and its advocates

have laid particular stress on the names, wherewith it is subscribed.

As one side would obtain your implicit assent, by a reference to

characters, and as the other would defeat measures by exciting your

jealousy of men, permit me, in the first place, to make some general

observations on the persons who composed the late memorable convention.

In general, they had been distinguished by their talents and services.

They were not principally the men to whom the idea of the convention

first suggested itself, and it is notorious that, in general, they

accepted their appointments with reluctance. It would seem, however,

according to some vague insinuations, that, no sooner did they find

themselves convened, than their natures changed; and fatally have they

combined for the destruction of your liberties. Now this altogether

shocks my faith. I should sooner imagine that the sacredness of the

trust, the unparalleled grandeur of the occasion, and the fellowship of

the great and good, might have elevated the soul of the most abandoned

wretch, had it been possible for such to obtain a seat in that

illustrious assemblage.

If those, who would inspire suspicion and distrust, can suggest any

precise idea, it must be this, that the members of the convention will

be elected into the first federal congress, and there combining again

will compose a body capable of bearing down all opposition to their own

aggrandisement.

By their scheme, however, thus deeply concerted, the house of

representatives is to be chosen by the people once in [6] two years;

and if they have acted so as to warrant any reasonable apprehension of

their designs, it will be easy at any time, to prevent their election.

The truth is, that very few of them either wish to be elected, or

would consent to serve, either in that house, or in the senate. I have

exercised my imagination to devise in what manner they or any other

men, supposing them to bear full sway in both houses, could erect

this imaginary fabric of power. I request any person to point out any

law, or system of laws, that could be possibly contrived for that

purpose, obtain the final assent of each branch, and be carried into

effect, contrary to the interests and wishes of a free, intelligent,

prying people, accustomed to the most unbounded freedom of inquiry. To

begin by an attempt to restrain the press, instead of promoting their

designs, would be the most effectual thing to prevent them.

I am apprized of the _almost_ universal disposition for the increase

and abuse of authority. But if we are to withhold power because there

is a possibility of its perversion, we must abolish government, and

submit to those evils, which it was intended to prevent. The perfection

of political science consists chiefly in _providing mutual checks

amongst the several departments of power, preserving at the same time,

the dependance of the greatest on the people_. I speak with reference

to a single government. The necessity of another species of government,

for the mutual defence and protection of these American states, no man

of sense and honesty, that I know of, has ever yet denied.

The convention had the above principle constantly in their view. They

have contrived, that it shall be extremely difficult, if not altogether

impracticable, for any person to exceed or abuse his lawful authority.

There is nothing in their plan like the cloathing of individuals

with power, for their own gratification. Every delegation, and every

advantage that may be derived to individuals, has a strict reference to

the general good.

To examine their constitution, by article and section, would be a

painful and needless undertaking. I shall endeavor to answer such

objections, as I have already heard, to anticipate others; to point out

some advantages not generally [7] known; and to correct certain errors,

with respect to construction. When the convention was appointed, I much

feared that the numerous seeds, and principles of discord amongst the

states, would, for ever, prevent them from agreeing to any efficient

system whatever. I apprehended, in particular, that the dispute about

representation would be the rock, on which the vessel containing all

our hopes would be dashed. When, therefore, I discerned that equitable

compromise between the larger and lesser states, my anxiety was

instantly removed, and my soul enlightened by a sudden ray.

How then was I, some months after, disgusted at the repetition, of the

arguments respecting the inequality of representatives in the first

branch. We were told, that the minority in convention reasoned on

first principles, that, as all men, in a state of nature, are equal

with respect to rights, so also are equal all separate and distinct

states;—that, when individuals form a free government, they must

all have equal suffrage, either in framing laws by themselves, or in

choosing representatives, although one man be ten times stronger,

richer, or wiser than another; so also, when several states unite,

for common convenience, they must meet on terms of perfect equality,

although one be ten times more wealthy, expensive and populous than

another;—that, under our present compact, the states are equal, and

that no injury has resulted from the equality.

To these arguments, we may imagine, was opposed something like the

following: “You talk of first principles, and, at the same time, would

let 180,000 free inhabitants of Maryland have no more to do in the

choice of representatives than only 30,000 inhabitants of Delaware. Do

you propose, that these 30,000 shall bear an equal part of burthens and

impositions? As to no injury having resulted from the equality, as you

call it, under the articles of confederation, we think the reverse; and

that this pretended(61) equality was a poison, which pervaded all our

affairs.” [8]

The anticipation of arguments like these had raised those apprehensions

of an irreconcilable difference. It were needless to repeat more. Had

an angel been the umpire, he could propose no expedient more equitable

and more politic, not only as a compromise, but to establish such a

decided difference between the two branches of congress, as will make

them, indeed, two distinct bodies, operating by way of mutual balance

and check.

By this expedient, is safety secured to the lesser states, as

completely as if the senate were the only legislative body. It is

possible (_if such a thing can be devised_) that, from the inequality

in the first branch, propositions will be made to give the larger

states some advantage over the lesser; but the equality in the senate

will, for ever, preclude its adoption. It is well worthy of remark,

that not more than three of the thirteen are, at present, deemed larger

states, in the peculiar sense of the word. There is no reason for

supposing, in the federal, like a state, legislature, the senate will

be intimidated or overawed, by the more numerous branch. A demagogue

may declaim, rave, menace and foam, with as little impression as the

roaring billows produce upon the solid [9] beach. Were it not for this

equality in one, and inequality in the other, a jealousy might be

entertained of too perfect a coincidence of sentiment.

The convention has been censured for an excess of its authority. But

with no other power was it invested, than is possessed by every free

citizen of the states. Its office was to advise, and no further has

it proceeded. Had it been even invested with full powers to amend the

present compact, their proposed plan would not have exceeded their

trust. Amendment, in parliamentary language, means either addition,

or diminution, or striking out the whole, and substituting something

in its room. The convention were not limited. The states did not tell

them, this article must stand, this must be struck out, and this may

be altered. The avowed object of a convention was to consult on the

additional power necessary to be vested in congress. But the members

of this convention perceiving, from the experience of these states,

from the history of ancient and modern states, and, I may add, from

the principles of human nature, that the same body of men ought not

to make and execute laws; and that one body alone ought not to do

the first, have separated the executive, so far as was proper, from

the legislative; and this last they have divided into two branches,

composed of different materials, distinct from, and totally independent

of, each other.

The house of representatives(62) is to be the immediate choice of the

people, and one man is to represent 30,000 souls. In an affair of so

much importance, and in districts containing so many suffrages, it is

not to be supposed, that a worthless character will succeed by those

arts, which have, sometimes, prevailed in county elections. It is to

be expected, that, in general, the people will choose men of talents

and character. Were they even so inclined, they can choose none but

of ripe age, who have been, at least, seven [10] years citizens of

the United States, and, at the time of election, residents of the

respective state. Whatever laws shall be proposed, or assented to

by these men, are to bind themselves, their children, and their

connections. If a single man, or a party, shall propose a measure,

calculated to promote private interest, at the expense of public good,

is it conceivable, that the whole house will be brought into the

measure? Suppose it should. The measure cannot be adopted into a law,

without the concurrence of another house, consisting of men still more

select, possessing superior qualifications of residence and age, and

equally bound by the laws. After gaining the assent of the senate, the

bill must be submitted to the objections of the president. He is not

in any manner dependent on the legislature, which can, in no manner,

punish him, except for some crime known to the laws. He is elected by

persons chosen for that special purpose. He receives a compensation,

which cannot be diminished or increased, during his continuance in

office. The term of his commission is limited to four years, unless

he shall have acted so as to merit the people’s favour. From the mode

of his election, it is impossible he can intrigue to advantage; and,

from the nature of other things, he will never succeed by bribery and

corruption. Like any other individual, he is liable to punishment.

Finally, at the expiration of his office, he returns into the mass of

the people.

In spite of all these circumstances, an idea is gone forth amongst

the enemies of the plan, and they labour to impress it on your minds,

that whatever power may be exercised by these delegates of the people,

will be used contrary to the interests of their constituents. This is

a supposition, so repulsive to my mind, that I wonder any man of the

least generosity, or reflection, can possibly adopt it. The assembly of

Maryland, with respect to internal regulations, is almost omnipotent.

And yet, is there a man who supposes the assembly would, intentionally,

pass laws injurious to the people? Why then should we distrust the

federal assembly, chosen for a short term, bound by the same ties, and

selected on account of their talents and patriotism?

But, say the objectors, although we might probably confide with safety

in congress, it is not consistent with prudence [11], without a

manifest necessity, to empower any men to do us an injury.

Whenever the proposed plan delegates authority, which you imagine might

safely be denied, be assured, that a little reflection will suggest

abundant reason for granting it. At the same time you may be convinced,

that, as some powers were not intended to be exercised, so they never

will be exercised, without absolute necessity.

I have been amused by the writings of an avowed friend to the plan.

“Let no man,” says he, “think of proposing amendments. Should each

person object, and should his objections prevail, not a title of the

system will be left. You are to accept the whole, or reject the whole.”

After speaking in this very sensible way, he advises the states to

reject, with unanimity and firmness, the following provision.

“Art. I, sect. 4. The times, places, and manner of holding elections

for senators and representatives, shall be prescribed in each state, by

the legislature thereof; _but the congress may, at any time, by law,

make or alter such regulations, except as to the places of choosing

senators_.”

Can this writer imagine, that congress will presume to use this

power, without the occurrence of some one or more of the cases, the

contemplation whereof induced the convention to create it. These are

the cases of invasion by a foreign power; of neglect, or obstinate

refusal, in a state legislature; of the prevalance of a party,

prescribing so as to suit a sinister purpose, or injure the general

government. Others might perhaps occur in the convention. But these may

suffice to evince the propriety of such a power in the federal head. It

was never meant, that congress should at any time interfere, unless on

the failure of a state lagislature, or to alter such regulations as may

be obviously improper. The exercise of this power must at all times be

so very invidious, that congress, will not venture upon it without some

very cogent and substantial reason. Let congress, even officiously,

exert every power given by this clause, the representatives must still

be chosen by the people, and the senate by the state legislatures. The

provision cannot by any possibility admit of a different construction.

[12]

Should the bare appointment to congress have the magic to pervert

the tempers and principles of men, I perceive not the temptation

for abusing this, or any other of their powers. There are bad men

to be found at times, in every numerous assembly. But, under all

circumstances, I predict, that, in congress, their party will be small.

Should there be thither sent the most prostituted character, that

ever acted, like a pest, to his own state; should he possess talents

superior to the rest, I should have little dread of his influence,

unless I could suppose, that a majority of like characters may be

chosen. Even then, I repeat it—they will be under no temptation

sufficient to influence a sensible mind; and no man of ripe age was

ever yet wicked for the sake of wickedness alone.

You have heard, that, by the privilege of nominating persons to office,

the president will find the congress obsequious enough to pass any

laws, he shall think fit to propose. It is incumbent on the authors

of this suggestion to show some interest in the president, inducing

him to propose prejudicial measures. I have remarked, that under the

constitution, his salary can be neither augmented nor curtailed,

during his commission; and, to change the constitution, is not in

the power of congress. Should he, however, devise, and endeavour to

procure, some dangerous act of the body, can we conceive, that this

lure will be powerful enough to corrupt a majority in each house. No

member can be appointed to an office, created, or of which the profits

shall be increased, during the time for which he was elected. And the

expectation of such, as may fall vacant, within four years, will hardly

corrupt even the smallest number, that can, in any possible case,

be a majority, in the two houses. To make the members of each house

ineligible to any other office whatever, would be even impolitic, on

account of its precluding these states from the services perhaps of

its best men. And it would be unjust to deny men the possibility of

benefits, which might be attained by others less deserving.

In ascertaining and defining this obvious principle, the convention

evidently pursued this obvious principle, that all [13] things, which

concern the union in general, should be regulated by the federal head;

and that each state legislature should regulate those things, which

concern only its own internal government, together with the separate

interests of its citizens. The enemies of the proposed constitution

have deemed it material to shew, that such a one never existed before.

It does not indeed agree with definitions in books, taken from the

Amphyctyonic council, the United Netherlands, or the Helvetic body.

They would therefore infer, that it is wrong. This mode of reasoning

deserves not a serious refutation. The convention examined those

several constitutions, if such a thing they can be called. It found

them either woefully defective, as to their own particular object, or

inapplicable to ours. Peradventure, our own articles of confederation,

in theory, appear more perfect than any of them. These articles were

made according to rule; the legislative and executive authorities being

vested in one assembly. The extreme caution of its framers to secure

the independence of the several states, on account of its principle,

was much to be commended. But experience having fully demonstrated

this constitution to be inadequate to the purposes for which it was

framed, and a general conviction of its defects having occasioned the

convention, it is astonishing, that attempts are now made to prefer

still a theory, not founded on the nature of things, but derived merely

from a few deplorable examples. If two branches in a state legislature

be proper, why, in the name of common sense, are they not so in a

confederate legislature?—Many instances of hasty unadvised proceedings

of congress, as a legislature, have by other writers been adduced;

and so long as mankind shall remain under the influence of passion or

interest, there will be such proceedings in every numerous assembly of

men.

It is universally, by good writers, agreed, that where any one

political body possesses _full_ powers, legislative and executive,

whether it be a single man, or a select few, or a numerous assembly, it

matters not;—the government must, in a short time, become despotic.

That in a free government, therefore, the legislative and executive

ought to be ever distinct and separate, is a position in the Maryland

de- [14] claration of rights. This hackneyed principle, has been urged,

with great confidence, against constituting the senate a council to the

president. It has been urged too, even by the men who would have the

whole power of the federal government centred in a single assembly. I

mean the men who insist that the convention ought to have done no more

than advise in what manner the powers of the present congress should

be increased. Let us understand the principle in its proper extent. It

does not follow, that a body, whose assent is required, in making laws,

but who cannot, by themselves, do any legislative act, may not be a fit

council to the supreme executive magistrate, deriving his authority,

like them, from the people, in no manner dependent on them, or the

immediate of the people, for any private advantage, and possessed of no

share in legislation, except that of offering his advice.

The objection to this part of the constitution, I confess, at first,

appeared formidable. The reasons which I now conjecture to have

influenced the convention, did not then occur. But I have long adhered

to a maxim, which I warmly recommend to others—never to condemn,

absolutely, even within myself, any one kind, until I can hit upon

some other kind which I _conceive_ better. As no human institution can

possess absolute perfection, it is an easy matter to espy some fault

or defect in almost everything, which the wit of man can contrive, or

at least, to reason plausibly against it. But this faculty of finding

faults is by no means sufficient to constitute the politician or

statesman. I deliberated what kind of council might be preferable,

under all circumstances, to the senate. The plainest thing in nature!

Exclaims he, who solves all difficulties at once. Why not appoint a

body to act as council and nothing else?

One reason, and that not very unpopular, is the great additional

expence. However, this reason I deem the lightest of all; and the

general proposition involves a great variety of other considerations.

It is essential to a council, that the members be free, as possible,

from all bias, or improper influence. This separate and distinct

council must be elected by the people, or [15] by special electors; by

the legislature, or by one of its branches; or by some department; or

by the president.

That the people should either make laws to bind themselves, or elect

persons, without whose consent, no laws shall be made, is essential

to their freedom. But universal experience forbids, that they should

immediately choose persons for the execution of the laws. Shall the

legislature then, or the senate, or the house of representatives,

have this appointment? A council thus chosen would be dependent on

its electors; and it would be the same thing in many respects, as if

the legislature should execute its own laws. Can you believe, that a

council, chosen annually, or once in two or three years, would dare to

pursue, in all cases, the dictates of its own judgment, contrary to

the known will of those, who will soon have an opportunity of removing

them? Would they not be emulous to please leading men; and there not

be opened, at every period of election, a fine field for intrigue and

cabal? There would be one way only of rendering a council, thus chosen,

independent of their electors; and that is, the choosing them for life,

with salaries, not to be augmented or diminished.

Against choosing an executive for life the reasons are weighty indeed.

Should they then hold their commissions during good behaviour, there

must be some tribunal to determine on that good behaviour; and what

body it can be, except the congress, would be difficult to decide.

Besides good behaviour in a member of council is not determinable, like

that of a judge, which has relation to the laws, and things universally

known. In the office of the former, there is much left to discretion,

that I cannot conceive with what propriety he can hold it on the

condition of good behaviour. There can be no sure criterion, and the

decision must therefore unavoidably depend on the discretion or mere

opinion of his judges, founded on no established principles whatever.

A council, chosen by the president himself, would probably consist

of creatures devoted to his will. I can discern no reason, wherefore

any officer of the government [16] should make the appointment. There

remains then only the people’s choosing electors, and placing the

council of the president on the same footing with himself. Here occurs

the objection of expence; and here again would arise the controversy

respecting equality of representation.

The senate, will, in all human likelihood, consist of the most

important characters, men of enlightened minds, mature in judgment,

independent in their circumstances, and not deriving their principal

subsistence from their pay, as probably would the members of a board,

distinct and separate from all other public employments.

I am not, therefore, barely reconciled to the article in question. It

commands my warmest admiration, and entire applause.

Is there any power improperly trusted to that select assembly, in which

all the states have equal interest, and to which they will assuredly

make a determined point of sending their best men? It is this

equality, almost as much as any other circumstance, which recommends it

as an executive council. The senate are to try impeachments. By their

advice only, may the president make treaties, appoint ambassadors,

ministers, counsels, judges of the supreme court, and officers, not

otherwise provided for in the constitution. Let us reflect, whether

these things could be better done, by any other body, and whether it be

proper for any one man (suppose even the saviour of his country to be

immortal) to have the appointment of all those important officers. It

has always appeared to me, that neither one man, nor many men, should

possess this transcendent authority, in a republic. A single man, in

high power, if he always means right, can with difficulty discern the

true characters of men. Continual efforts are made to impose on his

judgment. But, indeed, a single man _generally_ confers by favour.

In a large assembly there is perhaps equal partiality; and elections

are conducted by intrigue and cabal. A select assembly is open to

direct application; and although each may be supposed to entertain his

partialities, he cannot recommend his favourites, without pointing

out their essential qualifications and becoming, in some measure,

responsible for their conduct. It is here, that characters are most

fairly [17] investigated, and appointments are most deliberately made.

I appeal to universal experience, whether these remarks be not founded

on fact, and whether the most judicious appointments have not been made

by small select assemblies. I confess, that the number of the senators

for this purpose only is excessive. But I can confidently rely on the

extraordinary selection to compensate for the excess.

The power of the president is alarming peculiarly to that class, who

cannot bear to view others in possession of that fancied blessing, to

which, alas! they must themselves aspire in vain. They tell you, this

supreme magistrate, although he be called the modest name of president,

and elected for only four years, will, in every essential, be an

emperor, king, or stadt-holder at least; and that his dignity in a few

years, will become hereditary. Let us examine the foundation of this

alarming prediction.

Before this appointment can be _entailed_, and before even the term

can be enlarged, the constitution must be changed, by consent of

the people. By what method, then, shall the president effect this

alteration? Every citizen in the union will be a censor on his conduct.

Not even his person is particularly protected; and the means of

oppression are little in his power. Let the jealousy of the people once

take the alarm, and, at the expiration of his term, he is dismissed, as

inevitably as light succeeds to darkness. The election of a president

is not carried on in a single assembly, where the several arts of

corruption may be essayed. He is elected by persons chosen on the same

day, in thirteen different assemblies, in thirteen different states.

An elective monarchy has long been severely reprobated. But had the

countries, where it prevailed, enjoyed regulations like these, they

would perhaps, at this time, be preferred to the rules of hereditary

succession, which have so often placed fools and tyrants on the throne.

It seems, however, that the president may possibly be continued for

life. He may so, provided he deserve it. If [18] not, he retires to

obscurity, without even the consolation of having produced any of the

convulsions, attendant usually on grand revolutions. Should he be

wicked or frantic enough to make the attempt, he atones for it, with

the certain loss of wealth, liberty or life.

I return to the powers of congress. They are almost universally

admitted to be proper for a federal head, except only the _sweeping

clause_, and the power of raising fleets and armies, without any stint

or limitation, in time of peace. The clause runs thus:—

ART. I, sec. 8, par. the last. “To make all laws, which shall be

necessary and be proper for carrying into execution the foregoing

powers, and all other powers vested by this constitution, in the

government of the United States, or in any department or officer

thereof.”

It is apprehended, that this _sweeping clause_ will afford pretext, for

freeing congress from all constitutional restraints.

I will not here again insist on the pledge we enjoy, in the common

interest, and sure attachment of the representatives and senate;

setting aside the little probability of a majority in each branch lying

under the same temptation. Consider the import of the words.

I take the construction of these words to be precisely the same, as

if the clause had preceded further and said, “No act of congress

shall be valid, unless it have relation to the foregoing powers, and

be necessary and proper for carrying them into execution.” But say

the objectors, “The congress, being itself to judge of the necessity

and propriety, may pass any act, which it may deem _expedient_, for

any other purpose.” This objection applies with equal force to each

particular power, defined by the constitution; and, if there were a

bill of rights, congress might be said to be the judge of that also.

They may reflect however, that every judge in the union, whether of

federal or state appointment, (and some persons would say every jury)

will have a right to reject any act, handed to him as a law, which he

may conceive repugnant to the constitution.

It may nevertheless strike you at first view, that a provision, so

obviously apt to excite distrust, might have well [19] been omitted.

So indeed it might, were there a possibility of providing every thing,

necessary and proper, for carrying into effect the various powers,

intended to be conferred. Without this general clause, it were easy to

suppose cases, wherein a particular clause might be incompetent to its

own purpose.

For want of some plain and obvious distinctions, there has been vented

so much senseless clamour against standing armies, that they are become

a political bugbear. A limited monarch, with the means of maintaining,

at all times, an army devoted to his will, might soon trample on the

natural and civil rights of his subjects. Could the present congress

find means of augmenting the force, which it now maintains, which of

you, on that account, would experience the slightest anxiety? Which of

all the European powers is destitute of an army? Which of them if they

were free, could be secure of remaining so without a standing force?

I might go further, and demand, whether any of them have lost their

liberties, by means of a _standing_ army? The troops, continually

kept up in Great Britain, are formidable to its neighbors, and yet no

rational Englishman apprehends the destruction of his rights. It is

true, that he knows, these troops cannot be maintained, without the

consent of his representatives, annually obtained. But the necessity

of an army he readily conceives; and the number he leaves to the

discretion of parliament. Ought then an American to have greater fears

of a president, than an Englishman has of his king? Or may he not trust

his representatives and the senate, with as much confidence, as the

Englishman reposes in the commons and lords?

Let the federal head be constituted as it may, there can be no perfect

security, without both a land force, and naval armament. It is

impossible to say how much will, at all times of peace, be sufficient.

We have the same security against the abuse of this, as of any other

authority. The expenses of an army might indeed raise fears of a

different kind,—that we shall not be able to maintain force enough for

the most proper occasion.

Suppose a limitation in time of peace. What then is to be done on

the prospect of a war? Should you make the [20] distinction between

profound peace and a _threatened_ war, who is there, but congress, to

determine on the exigency? If you make no distinction, then it will be

expedient to declare war, at the instant in which the danger shall be

conceived, in order that it may be lawful to prepare for only a just

defence. In fine, I consider this grand objection, as a mere pretext

for terrifying you, like children, with spectres and hobgoblins. It may

be material here to remark, that although a well regulated militia has

ever been considered as the true defence of a free republic, there are

always honest purposes, which are not to be answered by a militia. If

they were, the burthen of the militia would be so great, that a free

people would, by no means, be willing to sustain it. If indeed it be

possible in the nature of things, that congress shall, at any future

period, alarm us by an improper augmentation of troops, could we not,

in that case, depend on the militia, which is ourselves. In such a

case it would be ridiculous to urge that the federal government, is

invested with a power over the whole militia of the union. Even when

congress shall exercise this power, on the most proper occasions, it is

provided in the constitution, that each state shall officer and train

its own militia.

The objections against the judiciary are probably more sincere. The

article has been generally misconceived, or misrepresented; and after

bestowing much attention, I am not certain that I fully comprehend

it. I am, however, at length satisfied, that no rational construction

can be given to this part of the proposed plan, either to warrant a

rejection of the whole, or to place matters on a worse footing, than

they are at present.

The judiciary power is to be vested in one supreme court, fixed at the

seat of government, with the ease and convenience of the people, the

congress may hereafter appoint inferior courts in each of the states.

The jurisdiction of this supreme court is to be partly original, and

partly appellate. With respect to the extent of either, there can be no

possible doubt, as there is neither ambiguity nor uncertainty in the

relative expressions. [21].

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