From MCLEAN's Edition, New York. Wednesday, May 28, 1788
HAMILTON
To the People of the State of New York:
THE objection to the plan of the convention, which has met with most success in this State, and perhaps in several of the other States, is that relative to the want of a constitutional provision for the trial by jury in civil cases. The disingenuous1 form in which this objection is usually stated has been repeatedly adverted3 to and exposed, but continues to be pursued in all the conversations and writings of the opponents of the plan. The mere4 silence of the Constitution in regard to civil causes, is represented as an abolition5 of the trial by jury, and the declamations to which it has afforded a pretext6 are artfully calculated to induce a persuasion7 that this pretended abolition is complete and universal, extending not only to every species of civil, but even to criminal causes. To argue with respect to the latter would, however, be as vain and fruitless as to attempt the serious proof of the existence of matter, or to demonstrate any of those propositions which, by their own internal evidence, force conviction, when expressed in language adapted to convey their meaning.
With regard to civil causes, subtleties8 almost too contemptible9 for refutation have been employed to countenance10 the surmise11 that a thing which is only not provided for, is entirely12 abolished. Every man of discernment must at once perceive the wide difference between silence and abolition. But as the inventors of this fallacy have attempted to support it by certain legal maxims13 of interpretation14, which they have perverted15 from their true meaning, it may not be wholly useless to explore the ground they have taken.
The maxims on which they rely are of this nature: "A specification16 of particulars is an exclusion17 of generals"; or, "The expression of one thing is the exclusion of another." Hence, say they, as the Constitution has established the trial by jury in criminal cases, and is silent in respect to civil, this silence is an implied prohibition18 of trial by jury in regard to the latter.
The rules of legal interpretation are rules of common sense, adopted by the courts in the construction of the laws. The true test, therefore, of a just application of them is its conformity19 to the source from which they are derived20. This being the case, let me ask if it is consistent with common-sense to suppose that a provision obliging the legislative21 power to commit the trial of criminal causes to juries, is a privation of its right to authorize22 or permit that mode of trial in other cases? Is it natural to suppose, that a command to do one thing is a prohibition to the doing of another, which there was a previous power to do, and which is not incompatible23 with the thing commanded to be done? If such a supposition would be unnatural24 and unreasonable25, it cannot be rational to maintain that an injunction of the trial by jury in certain cases is an interdiction26 of it in others.
A power to constitute courts is a power to prescribe the mode of trial; and consequently, if nothing was said in the Constitution on the subject of juries, the legislature would be at liberty either to adopt that institution or to let it alone. This discretion27, in regard to criminal causes, is abridged28 by the express injunction of trial by jury in all such cases; but it is, of course, left at large in relation to civil causes, there being a total silence on this head. The specification of an obligation to try all criminal causes in a particular mode, excludes indeed the obligation or necessity of employing the same mode in civil causes, but does not abridge29 the power of the legislature to exercise that mode if it should be thought proper. The pretense30, therefore, that the national legislature would not be at full liberty to submit all the civil causes of federal cognizance to the determination of juries, is a pretense destitute31 of all just foundation.
From these observations this conclusion results: that the trial by jury in civil cases would not be abolished; and that the use attempted to be made of the maxims which have been quoted, is contrary to reason and common-sense, and therefore not admissible. Even if these maxims had a precise technical sense, corresponding with the idea of those who employ them upon the present occasion, which, however, is not the case, they would still be inapplicable to a constitution of government. In relation to such a subject, the natural and obvious sense of its provisions, apart from any technical rules, is the true criterion of construction.
Having now seen that the maxims relied upon will not bear the use made of them, let us endeavor to ascertain32 their proper use and true meaning. This will be best done by examples. The plan of the convention declares that the power of Congress, or, in other words, of the national legislature, shall extend to certain enumerated33 cases. This specification of particulars evidently excludes all pretension34 to a general legislative authority, because an affirmative grant of special powers would be absurd, as well as useless, if a general authority was intended.
In like manner the judicial35 authority of the federal judicatures is declared by the Constitution to comprehend certain cases particularly specified36. The expression of those cases marks the precise limits, beyond which the federal courts cannot extend their jurisdiction37, because the objects of their cognizance being enumerated, the specification would be nugatory38 if it did not exclude all ideas of more extensive authority.
These examples are sufficient to elucidate39 the maxims which have been mentioned, and to designate the manner in which they should be used. But that there may be no misapprehensions upon this subject, I shall add one case more, to demonstrate the proper use of these maxims, and the abuse which has been made of them.
Let us suppose that by the laws of this State a married woman was incapable41 of conveying her estate, and that the legislature, considering this as an evil, should enact42 that she might dispose of her property by deed executed in the presence of a magistrate43. In such a case there can be no doubt but the specification would amount to an exclusion of any other mode of conveyance44, because the woman having no previous power to alienate45 her property, the specification determines the particular mode which she is, for that purpose, to avail herself of. But let us further suppose that in a subsequent part of the same act it should be declared that no woman should dispose of any estate of a determinate value without the consent of three of her nearest relations, signified by their signing the deed; could it be inferred from this regulation that a married woman might not procure46 the approbation47 of her relations to a deed for conveying property of inferior value? The position is too absurd to merit a refutation, and yet this is precisely48 the position which those must establish who contend that the trial by juries in civil cases is abolished, because it is expressly provided for in cases of a criminal nature.
From these observations it must appear unquestionably true, that trial by jury is in no case abolished by the proposed Constitution, and it is equally true, that in those controversies49 between individuals in which the great body of the people are likely to be interested, that institution will remain precisely in the same situation in which it is placed by the State constitutions, and will be in no degree altered or influenced by the adoption50 of the plan under consideration. The foundation of this assertion is, that the national judiciary will have no cognizance of them, and of course they will remain determinable as heretofore by the State courts only, and in the manner which the State constitutions and laws prescribe. All land causes, except where claims under the grants of different States come into question, and all other controversies between the citizens of the same State, unless where they depend upon positive violations51 of the articles of union, by acts of the State legislatures, will belong exclusively to the jurisdiction of the State tribunals. Add to this, that admiralty causes, and almost all those which are of equity52 jurisdiction, are determinable under our own government without the intervention53 of a jury, and the inference from the whole will be, that this institution, as it exists with us at present, cannot possibly be affected54 to any great extent by the proposed alteration55 in our system of government.
The friends and adversaries56 of the plan of the convention, if they agree in nothing else, concur57 at least in the value they set upon the trial by jury; or if there is any difference between them it consists in this: the former regard it as a valuable safeguard to liberty; the latter represent it as the very palladium of free government. For my own part, the more the operation of the institution has fallen under my observation, the more reason I have discovered for holding it in high estimation; and it would be altogether superfluous58 to examine to what extent it deserves to be esteemed59 useful or essential in a representative republic, or how much more merit it may be entitled to, as a defense60 against the oppressions of an hereditary61 monarch62, than as a barrier to the tyranny of popular magistrates63 in a popular government. Discussions of this kind would be more curious than beneficial, as all are satisfied of the utility of the institution, and of its friendly aspect to liberty. But I must acknowledge that I cannot readily discern the inseparable connection between the existence of liberty, and the trial by jury in civil cases. Arbitrary impeachments64, arbitrary methods of prosecuting65 pretended offenses66, and arbitrary punishments upon arbitrary convictions, have ever appeared to me to be the great engines of judicial despotism; and these have all relation to criminal proceedings68. The trial by jury in criminal cases, aided by the habeas corpus act, seems therefore to be alone concerned in the question. And both of these are provided for, in the most ample manner, in the plan of the convention.
It has been observed, that trial by jury is a safeguard against an oppressive exercise of the power of taxation69. This observation deserves to be canvassed70.
It is evident that it can have no influence upon the legislature, in regard to the amount of taxes to be laid, to the objects upon which they are to be imposed, or to the rule by which they are to be apportioned71. If it can have any influence, therefore, it must be upon the mode of collection, and the conduct of the officers intrusted with the execution of the revenue laws.
As to the mode of collection in this State, under our own Constitution, the trial by jury is in most cases out of use. The taxes are usually levied72 by the more summary proceeding67 of distress73 and sale, as in cases of rent. And it is acknowledged on all hands, that this is essential to the efficacy of the revenue laws. The dilatory74 course of a trial at law to recover the taxes imposed on individuals, would neither suit the exigencies75 of the public nor promote the convenience of the citizens. It would often occasion an accumulation of costs, more burdensome than the original sum of the tax to be levied.
And as to the conduct of the officers of the revenue, the provision in favor of trial by jury in criminal cases, will afford the security aimed at. Wilful76 abuses of a public authority, to the oppression of the subject, and every species of official extortion, are offenses against the government, for which the persons who commit them may be indicted77 and punished according to the circumstances of the case.
The excellence78 of the trial by jury in civil cases appears to depend on circumstances foreign to the preservation79 of liberty. The strongest argument in its favor is, that it is a security against corruption81. As there is always more time and better opportunity to tamper82 with a standing83 body of magistrates than with a jury summoned for the occasion, there is room to suppose that a corrupt80 influence would more easily find its way to the former than to the latter. The force of this consideration is, however, diminished by others. The sheriff, who is the summoner of ordinary juries, and the clerks of courts, who have the nomination84 of special juries, are themselves standing officers, and, acting85 individually, may be supposed more accessible to the touch of corruption than the judges, who are a collective body. It is not difficult to see, that it would be in the power of those officers to select jurors who would serve the purpose of the party as well as a corrupted86 bench. In the next place, it may fairly be supposed, that there would be less difficulty in gaining some of the jurors promiscuously87 taken from the public mass, than in gaining men who had been chosen by the government for their probity88 and good character. But making every deduction89 for these considerations, the trial by jury must still be a valuable check upon corruption. It greatly multiplies the impediments to its success. As matters now stand, it would be necessary to corrupt both court and jury; for where the jury have gone evidently wrong, the court will generally grant a new trial, and it would be in most cases of little use to practice upon the jury, unless the court could be likewise gained. Here then is a double security; and it will readily be perceived that this complicated agency tends to preserve the purity of both institutions. By increasing the obstacles to success, it discourages attempts to seduce90 the integrity of either. The temptations to prostitution which the judges might have to surmount91, must certainly be much fewer, while the co-operation of a jury is necessary, than they might be, if they had themselves the exclusive determination of all causes.
Notwithstanding, therefore, the doubts I have expressed, as to the essentiality of trial by jury in civil cases to liberty, I admit that it is in most cases, under proper regulations, an excellent method of determining questions of property; and that on this account alone it would be entitled to a constitutional provision in its favor if it were possible to fix the limits within which it ought to be comprehended. There is, however, in all cases, great difficulty in this; and men not blinded by enthusiasm must be sensible that in a federal government, which is a composition of societies whose ideas and institutions in relation to the matter materially vary from each other, that difficulty must be not a little augmented92. For my own part, at every new view I take of the subject, I become more convinced of the reality of the obstacles which, we are authoritatively93 informed, prevented the insertion of a provision on this head in the plan of the convention.
The great difference between the limits of the jury trial in different States is not generally understood; and as it must have considerable influence on the sentence we ought to pass upon the omission94 complained of in regard to this point, an explanation of it is necessary. In this State, our judicial establishments resemble, more nearly than in any other, those of Great Britain. We have courts of common law, courts of probates (analogous in certain matters to the spiritual courts in England), a court of admiralty and a court of chancery. In the courts of common law only, the trial by jury prevails, and this with some exceptions. In all the others a single judge presides, and proceeds in general either according to the course of the canon or civil law, without the aid of a jury.(1) In New Jersey95, there is a court of chancery which proceeds like ours, but neither courts of admiralty nor of probates, in the sense in which these last are established with us. In that State the courts of common law have the cognizance of those causes which with us are determinable in the courts of admiralty and of probates, and of course the jury trial is more extensive in New Jersey than in New York. In Pennsylvania, this is perhaps still more the case, for there is no court of chancery in that State, and its common-law courts have equity jurisdiction. It has a court of admiralty, but none of probates, at least on the plan of ours. Delaware has in these respects imitated Pennsylvania. Maryland approaches more nearly to New York, as does also Virginia, except that the latter has a plurality of chancellors96. North Carolina bears most affinity97 to Pennsylvania; South Carolina to Virginia. I believe, however, that in some of those States which have distinct courts of admiralty, the causes depending in them are triable by juries. In Georgia there are none but common-law courts, and an appeal of course lies from the verdict of one jury to another, which is called a special jury, and for which a particular mode of appointment is marked out. In Connecticut, they have no distinct courts either of chancery or of admiralty, and their courts of probates have no jurisdiction of causes. Their common-law courts have admiralty and, to a certain extent, equity jurisdiction. In cases of importance, their General Assembly is the only court of chancery. In Connecticut, therefore, the trial by jury extends in practice further than in any other State yet mentioned. Rhode Island is, I believe, in this particular, pretty much in the situation of Connecticut. Massachusetts and New Hampshire, in regard to the blending of law, equity, and admiralty jurisdictions98, are in a similar predicament. In the four Eastern States, the trial by jury not only stands upon a broader foundation than in the other States, but it is attended with a peculiarity100 unknown, in its full extent, to any of them. There is an appeal of course from one jury to another, till there have been two verdicts out of three on one side.
From this sketch101 it appears that there is a material diversity, as well in the modification102 as in the extent of the institution of trial by jury in civil cases, in the several States; and from this fact these obvious reflections flow: first, that no general rule could have been fixed103 upon by the convention which would have corresponded with the circumstances of all the States; and secondly104, that more or at least as much might have been hazarded by taking the system of any one State for a standard, as by omitting a provision altogether and leaving the matter, as has been done, to legislative regulation.
The propositions which have been made for supplying the omission have rather served to illustrate105 than to obviate106 the difficulty of the thing. The minority of Pennsylvania have proposed this mode of expression for the purpose—"Trial by jury shall be as heretofore"—and this I maintain would be senseless and nugatory. The United States, in their united or collective capacity, are the OBJECT to which all general provisions in the Constitution must necessarily be construed107 to refer. Now it is evident that though trial by jury, with various limitations, is known in each State individually, yet in the United States, as such, it is at this time altogether unknown, because the present federal government has no judiciary power whatever; and consequently there is no proper antecedent or previous establishment to which the term heretofore could relate. It would therefore be destitute of a precise meaning, and inoperative from its uncertainty108.
As, on the one hand, the form of the provision would not fulfil the intent of its proposers, so, on the other, if I apprehend109 that intent rightly, it would be in itself inexpedient. I presume it to be, that causes in the federal courts should be tried by jury, if, in the State where the courts sat, that mode of trial would obtain in a similar case in the State courts; that is to say, admiralty causes should be tried in Connecticut by a jury, in New York without one. The capricious operation of so dissimilar a method of trial in the same cases, under the same government, is of itself sufficient to indispose every wellregulated judgment111 towards it. Whether the cause should be tried with or without a jury, would depend, in a great number of cases, on the accidental situation of the court and parties.
But this is not, in my estimation, the greatest objection. I feel a deep and deliberate conviction that there are many cases in which the trial by jury is an ineligible112 one. I think it so particularly in cases which concern the public peace with foreign nations—that is, in most cases where the question turns wholly on the laws of nations. Of this nature, among others, are all prize causes. Juries cannot be supposed competent to investigations113 that require a thorough knowledge of the laws and usages of nations; and they will sometimes be under the influence of impressions which will not suffer them to pay sufficient regard to those considerations of public policy which ought to guide their inquiries115. There would of course be always danger that the rights of other nations might be infringed116 by their decisions, so as to afford occasions of reprisal117 and war. Though the proper province of juries be to determine matters of fact, yet in most cases legal consequences are complicated with fact in such a manner as to render a separation impracticable.
It will add great weight to this remark, in relation to prize causes, to mention that the method of determining them has been thought worthy118 of particular regulation in various treaties between different powers of Europe, and that, pursuant to such treaties, they are determinable in Great Britain, in the last resort, before the king himself, in his privy119 council, where the fact, as well as the law, undergoes a re-examination. This alone demonstrates the impolicy of inserting a fundamental provision in the Constitution which would make the State systems a standard for the national government in the article under consideration, and the danger of encumbering120 the government with any constitutional provisions the propriety121 of which is not indisputable.
My convictions are equally strong that great advantages result from the separation of the equity from the law jurisdiction, and that the causes which belong to the former would be improperly123 committed to juries. The great and primary use of a court of equity is to give relief in extraordinary cases, which are exceptions(2) to general rules. To unite the jurisdiction of such cases with the ordinary jurisdiction, must have a tendency to unsettle the general rules, and to subject every case that arises to a special determination; while a separation of the one from the other has the contrary effect of rendering124 one a sentinel over the other, and of keeping each within the expedient110 limits. Besides this, the circumstances that constitute cases proper for courts of equity are in many instances so nice and intricate, that they are incompatible with the genius of trials by jury. They require often such long, deliberate, and critical investigation114 as would be impracticable to men called from their occupations, and obliged to decide before they were permitted to return to them. The simplicity125 and expedition which form the distinguishing characters of this mode of trial require that the matter to be decided126 should be reduced to some single and obvious point; while the litigations usual in chancery frequently comprehend a long train of minute and independent particulars.
It is true that the separation of the equity from the legal jurisdiction is peculiar99 to the English system of jurisprudence: which is the model that has been followed in several of the States. But it is equally true that the trial by jury has been unknown in every case in which they have been united. And the separation is essential to the preservation of that institution in its pristine127 purity. The nature of a court of equity will readily permit the extension of its jurisdiction to matters of law; but it is not a little to be suspected, that the attempt to extend the jurisdiction of the courts of law to matters of equity will not only be unproductive of the advantages which may be derived from courts of chancery, on the plan upon which they are established in this State, but will tend gradually to change the nature of the courts of law, and to undermine the trial by jury, by introducing questions too complicated for a decision in that mode.
These appeared to be conclusive128 reasons against incorporating the systems of all the States, in the formation of the national judiciary, according to what may be conjectured129 to have been the attempt of the Pennsylvania minority. Let us now examine how far the proposition of Massachusetts is calculated to remedy the supposed defect.
It is in this form: "In civil actions between citizens of different States, every issue of fact, arising in actions at common law, may be tried by a jury if the parties, or either of them request it."
This, at best, is a proposition confined to one description of causes; and the inference is fair, either that the Massachusetts convention considered that as the only class of federal causes, in which the trial by jury would be proper; or that if desirous of a more extensive provision, they found it impracticable to devise one which would properly answer the end. If the first, the omission of a regulation respecting so partial an object can never be considered as a material imperfection in the system. If the last, it affords a strong corroboration131 of the extreme difficulty of the thing.
But this is not all: if we advert2 to the observations already made respecting the courts that subsist132 in the several States of the union, and the different powers exercised by them, it will appear that there are no expressions more vague and indeterminate than those which have been employed to characterize that species of causes which it is intended shall be entitled to a trial by jury. In this State, the boundaries between actions at common law and actions of equitable133 jurisdiction, are ascertained134 in conformity to the rules which prevail in England upon that subject. In many of the other States the boundaries are less precise. In some of them every cause is to be tried in a court of common law, and upon that foundation every action may be considered as an action at common law, to be determined135 by a jury, if the parties, or either of them, choose it. Hence the same irregularity and confusion would be introduced by a compliance136 with this proposition, that I have already noticed as resulting from the regulation proposed by the Pennsylvania minority. In one State a cause would receive its determination from a jury, if the parties, or either of them, requested it; but in another State, a cause exactly similar to the other, must be decided without the intervention of a jury, because the State judicatories varied137 as to common-law jurisdiction.
It is obvious, therefore, that the Massachusetts proposition, upon this subject cannot operate as a general regulation, until some uniform plan, with respect to the limits of common-law and equitable jurisdictions, shall be adopted by the different States. To devise a plan of that kind is a task arduous138 in itself, and which it would require much time and reflection to mature. It would be extremely difficult, if not impossible, to suggest any general regulation that would be acceptable to all the States in the union, or that would perfectly139 quadrate with the several State institutions.
It may be asked, Why could not a reference have been made to the constitution of this State, taking that, which is allowed by me to be a good one, as a standard for the United States? I answer that it is not very probable the other States would entertain the same opinion of our institutions as we do ourselves. It is natural to suppose that they are hitherto more attached to their own, and that each would struggle for the preference. If the plan of taking one State as a model for the whole had been thought of in the convention, it is to be presumed that the adoption of it in that body would have been rendered difficult by the predilection140 of each representation in favor of its own government; and it must be uncertain which of the States would have been taken as the model. It has been shown that many of them would be improper122 ones. And I leave it to conjecture130, whether, under all circumstances, it is most likely that New York, or some other State, would have been preferred. But admit that a judicious141 selection could have been effected in the convention, still there would have been great danger of jealousy142 and disgust in the other States, at the partiality which had been shown to the institutions of one. The enemies of the plan would have been furnished with a fine pretext for raising a host of local prejudices against it, which perhaps might have hazarded, in no inconsiderable degree, its final establishment.
To avoid the embarrassments143 of a definition of the cases which the trial by jury ought to embrace, it is sometimes suggested by men of enthusiastic tempers, that a provision might have been inserted for establishing it in all cases whatsoever144. For this I believe, no precedent145 is to be found in any member of the union; and the considerations which have been stated in discussing the proposition of the minority of Pennsylvania, must satisfy every sober mind that the establishment of the trial by jury in all cases would have been an unpardonable error in the plan.
In short, the more it is considered the more arduous will appear the task of fashioning a provision in such a form as not to express too little to answer the purpose, or too much to be advisable; or which might not have opened other sources of opposition146 to the great and essential object of introducing a firm national government.
I cannot but persuade myself, on the other hand, that the different lights in which the subject has been placed in the course of these observations, will go far towards removing in candid147 minds the apprehensions40 they may have entertained on the point. They have tended to show that the security of liberty is materially concerned only in the trial by jury in criminal cases, which is provided for in the most ample manner in the plan of the convention; that even in far the greatest proportion of civil cases, and those in which the great body of the community is interested, that mode of trial will remain in its full force, as established in the State constitutions, untouched and unaffected by the plan of the convention; that it is in no case abolished(3) by that plan; and that there are great if not insurmountable difficulties in the way of making any precise and proper provision for it in a Constitution for the United States.
The best judges of the matter will be the least anxious for a constitutional establishment of the trial by jury in civil cases, and will be the most ready to admit that the changes which are continually happening in the affairs of society may render a different mode of determining questions of property preferable in many cases in which that mode of trial now prevails. For my part, I acknowledge myself to be convinced that even in this State it might be advantageously extended to some cases to which it does not at present apply, and might as advantageously be abridged in others. It is conceded by all reasonable men that it ought not to obtain in all cases. The examples of innovations which contract its ancient limits, as well in these States as in Great Britain, afford a strong presumption148 that its former extent has been found inconvenient149, and give room to suppose that future experience may discover the propriety and utility of other exceptions. I suspect it to be impossible in the nature of the thing to fix the salutary point at which the operation of the institution ought to stop, and this is with me a strong argument for leaving the matter to the discretion of the legislature.
This is now clearly understood to be the case in Great Britain, and it is equally so in the State of Connecticut; and yet it may be safely affirmed that more numerous encroachments have been made upon the trial by jury in this State since the Revolution, though provided for by a positive article of our constitution, than has happened in the same time either in Connecticut or Great Britain. It may be added that these encroachments have generally originated with the men who endeavor to persuade the people they are the warmest defenders150 of popular liberty, but who have rarely suffered constitutional obstacles to arrest them in a favorite career. The truth is that the general GENIUS of a government is all that can be substantially relied upon for permanent effects. Particular provisions, though not altogether useless, have far less virtue151 and efficacy than are commonly ascribed to them; and the want of them will never be, with men of sound discernment, a decisive objection to any plan which exhibits the leading characters of a good government.
It certainly sounds not a little harsh and extraordinary to affirm that there is no security for liberty in a Constitution which expressly establishes the trial by jury in criminal cases, because it does not do it in civil also; while it is a notorious fact that Connecticut, which has been always regarded as the most popular State in the union, can boast of no constitutional provision for either.
PUBLIUS
1. It has been erroneously insinuated152 with regard to the court of chancery, that this court generally tries disputed facts by a jury. The truth is, that references to a jury in that court rarely happen, and are in no case necessary but where the validity of a devise of land comes into question.
2. It is true that the principles by which that relief is governed are now reduced to a regular system; but it is not the less true that they are in the main applicable to SPECIAL circumstances, which form exceptions to general rules.
3. Vide No. 81, in which the supposition of its being abolished by the appellate jurisdiction in matters of fact being vested in the Supreme153 Court, is examined and refuted.
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disingenuous
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| adj.不诚恳的，虚伪的 | |
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advert
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| vi.注意，留意，言及；n.广告 | |
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adverted
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| 引起注意（advert的过去式与过去分词形式） | |
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mere
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| adj.纯粹的；仅仅，只不过 | |
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abolition
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| n.废除，取消 | |
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pretext
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| n.借口，托词 | |
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persuasion
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| n.劝说；说服；持有某种信仰的宗派 | |
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subtleties
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| 细微( subtlety的名词复数 )； 精细； 巧妙； 细微的差别等 | |
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contemptible
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| adj.可鄙的，可轻视的，卑劣的 | |
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countenance
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| n.脸色，面容；面部表情；vt.支持，赞同 | |
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surmise
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| v./n.猜想，推测 | |
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entirely
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| ad.全部地，完整地；完全地，彻底地 | |
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maxims
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| n.格言，座右铭( maxim的名词复数 ) | |
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interpretation
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| n.解释，说明，描述；艺术处理 | |
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perverted
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specification
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exclusion
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| n.拒绝，排除，排斥，远足，远途旅行 | |
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prohibition
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conformity
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| n.一致，遵从，顺从 | |
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derived
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| vi.起源；由来；衍生；导出v.得到( derive的过去式和过去分词 )；（从…中）得到获得；源于；（从…中）提取 | |
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legislative
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| n.立法机构，立法权；adj.立法的，有立法权的 | |
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authorize
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| v.授权，委任；批准，认可 | |
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23
incompatible
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| adj.不相容的，不协调的，不相配的 | |
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24
unnatural
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| adj.不自然的；反常的 | |
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25
unreasonable
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| adj.不讲道理的，不合情理的，过度的 | |
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26
interdiction
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| n.禁止；封锁 | |
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27
discretion
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| n.谨慎；随意处理 | |
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28
abridged
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| 削减的，删节的 | |
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29
abridge
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| v.删减，删节，节略，缩短 | |
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30
pretense
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| n.矫饰，做作，借口 | |
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31
destitute
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| adj.缺乏的；穷困的 | |
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32
ascertain
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| vt.发现，确定，查明，弄清 | |
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33
enumerated
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| v.列举，枚举，数( enumerate的过去式和过去分词 ) | |
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34
pretension
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| n.要求；自命，自称；自负 | |
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35
judicial
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| adj.司法的，法庭的，审判的，明断的，公正的 | |
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36
specified
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| adj.特定的 | |
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37
jurisdiction
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| n.司法权，审判权，管辖权，控制权 | |
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38
nugatory
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| adj.琐碎的，无价值的 | |
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39
elucidate
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| v.阐明，说明 | |
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40
apprehensions
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| 疑惧 | |
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41
incapable
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| adj.无能力的，不能做某事的 | |
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42
enact
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| vt.制定(法律)；上演，扮演 | |
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43
magistrate
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| n.地方行政官，地方法官，治安官 | |
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44
conveyance
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| n.(不动产等的)转让，让与；转让证书；传送；运送；表达；（正）运输工具 | |
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45
alienate
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| vt.使疏远，离间；转让(财产等) | |
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46
procure
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| vt.获得，取得，促成；vi.拉皮条 | |
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47
approbation
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| n.称赞；认可 | |
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48
precisely
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| adv.恰好，正好，精确地，细致地 | |
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49
controversies
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| 争论 | |
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50
adoption
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| n.采用，采纳，通过；收养 | |
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51
violations
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| 违反( violation的名词复数 )； 冒犯； 违反（行为、事例）； 强奸 | |
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52
equity
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| n.公正，公平，（无固定利息的）股票 | |
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53
intervention
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| n.介入，干涉，干预 | |
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54
affected
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| adj.不自然的，假装的 | |
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55
alteration
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| n.变更，改变；蚀变 | |
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56
adversaries
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| n.对手，敌手( adversary的名词复数 ) | |
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57
concur
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| v.同意，意见一致，互助，同时发生 | |
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58
superfluous
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| adj.过多的，过剩的，多余的 | |
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59
esteemed
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| adj.受人尊敬的v.尊敬( esteem的过去式和过去分词 )；敬重；认为；以为 | |
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defense
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| n.防御，保卫；[pl.]防务工事；辩护，答辩 | |
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hereditary
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| adj.遗传的，遗传性的，可继承的，世袭的 | |
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62
monarch
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| n.帝王，君主，最高统治者 | |
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63
magistrates
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| 地方法官，治安官( magistrate的名词复数 ) | |
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64
impeachments
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| n.控告( impeachment的名词复数 )；检举；弹劾；怀疑 | |
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65
prosecuting
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| 检举、告发某人( prosecute的现在分词 )； 对某人提起公诉； 继续从事（某事物）； 担任控方律师 | |
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66
offenses
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| n.进攻( offense的名词复数 )；（球队的）前锋；进攻方法；攻势 | |
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67
proceeding
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| n.行动，进行，(pl.)会议录，学报 | |
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68
proceedings
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| n.进程，过程，议程；诉讼(程序)；公报 | |
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69
taxation
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| n.征税，税收，税金 | |
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70
canvassed
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| v.（在政治方面）游说( canvass的过去式和过去分词 )；调查（如选举前选民的）意见；为讨论而提出（意见等）；详细检查 | |
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71
apportioned
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| vt.分摊，分配（apportion的过去式与过去分词形式） | |
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72
levied
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| 征（兵）( levy的过去式和过去分词 )； 索取； 发动（战争）； 征税 | |
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73
distress
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| n.苦恼，痛苦，不舒适；不幸；vt.使悲痛 | |
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74
dilatory
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| adj.迟缓的，不慌不忙的 | |
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75
exigencies
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| n.急切需要 | |
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76
wilful
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| adj.任性的，故意的 | |
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77
indicted
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| 控告，起诉( indict的过去式和过去分词 ) | |
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78
excellence
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| n.优秀，杰出，(pl.)优点，美德 | |
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79
preservation
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| n.保护，维护，保存，保留，保持 | |
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80
corrupt
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| v.贿赂，收买；adj.腐败的，贪污的 | |
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81
corruption
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| n.腐败，堕落，贪污 | |
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82
tamper
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| v.干预，玩弄，贿赂，窜改，削弱，损害 | |
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83
standing
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| n.持续，地位；adj.永久的，不动的，直立的，不流动的 | |
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84
nomination
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| n.提名，任命，提名权 | |
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85
acting
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| n.演戏，行为，假装；adj.代理的，临时的，演出用的 | |
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86
corrupted
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| （使）败坏( corrupt的过去式和过去分词 )； （使）腐化； 引起（计算机文件等的）错误； 破坏 | |
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87
promiscuously
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| adv.杂乱地，混杂地 | |
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88
probity
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| n.刚直；廉洁，正直 | |
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89
deduction
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| n.减除，扣除，减除额；推论，推理，演绎 | |
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90
seduce
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| vt.勾引，诱奸，诱惑，引诱 | |
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91
surmount
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| vt.克服；置于…顶上 | |
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92
Augmented
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| adj.增音的 动词augment的过去式和过去分词形式 | |
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93
authoritatively
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| 命令式地，有权威地，可信地 | |
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94
omission
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| n.省略，删节；遗漏或省略的事物，冗长 | |
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95
jersey
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| n.运动衫 | |
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96
chancellors
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| 大臣( chancellor的名词复数 )； （某些美国大学的）校长； （德国或奥地利的）总理； （英国大学的）名誉校长 | |
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97
affinity
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| n.亲和力，密切关系 | |
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98
jurisdictions
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| 司法权( jurisdiction的名词复数 )； 裁判权； 管辖区域； 管辖范围 | |
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99
peculiar
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| adj.古怪的，异常的；特殊的，特有的 | |
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100
peculiarity
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| n.独特性，特色；特殊的东西；怪癖 | |
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101
sketch
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| n.草图；梗概；素描；v.素描；概述 | |
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102
modification
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| n.修改，改进，缓和，减轻 | |
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103
fixed
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| adj.固定的，不变的，准备好的；(计算机)固定的 | |
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104
secondly
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| adv.第二，其次 | |
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105
illustrate
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| v.举例说明，阐明；图解，加插图 | |
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106
obviate
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| v.除去，排除，避免，预防 | |
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107
construed
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| v.解释（陈述、行为等）( construe的过去式和过去分词 )；翻译，作句法分析 | |
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108
uncertainty
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| n.易变，靠不住，不确知，不确定的事物 | |
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109
apprehend
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| vt.理解，领悟，逮捕，拘捕，忧虑 | |
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110
expedient
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| adj.有用的，有利的；n.紧急的办法，权宜之计 | |
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111
judgment
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| n.审判；判断力，识别力，看法，意见 | |
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112
ineligible
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| adj.无资格的，不适当的 | |
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113
investigations
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| （正式的）调查( investigation的名词复数 )； 侦查； 科学研究； 学术研究 | |
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114
investigation
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| n.调查，调查研究 | |
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115
inquiries
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| n.调查( inquiry的名词复数 )；疑问；探究；打听 | |
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116
infringed
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| v.违反（规章等）( infringe的过去式和过去分词 )；侵犯（某人的权利）；侵害（某人的自由、权益等） | |
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117
reprisal
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| n.报复，报仇，报复性劫掠 | |
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118
worthy
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| adj.(of)值得的，配得上的；有价值的 | |
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119
privy
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| adj.私用的；隐密的 | |
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120
encumbering
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| v.妨碍，阻碍，拖累( encumber的现在分词 ) | |
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121
propriety
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| n.正当行为；正当；适当 | |
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122
improper
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| adj.不适当的，不合适的，不正确的，不合礼仪的 | |
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123
improperly
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| 不正确地，不适当地 | |
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124
rendering
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| n.表现，描写 | |
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125
simplicity
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| n.简单，简易；朴素；直率，单纯 | |
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126
decided
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| adj.决定了的，坚决的；明显的，明确的 | |
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127
pristine
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| adj.原来的，古时的，原始的，纯净的，无垢的 | |
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128
conclusive
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| adj.最后的，结论的；确凿的，消除怀疑的 | |
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129
conjectured
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| 推测，猜测，猜想( conjecture的过去式和过去分词 ) | |
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130
conjecture
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| n./v.推测，猜测 | |
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131
corroboration
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| n.进一步的证实，进一步的证据 | |
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132
subsist
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| vi.生存，存在，供养 | |
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133
equitable
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| adj.公平的；公正的 | |
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134
ascertained
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| v.弄清，确定，查明( ascertain的过去式和过去分词 ) | |
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135
determined
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| adj.坚定的；有决心的 | |
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136
compliance
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| n.顺从；服从；附和；屈从 | |
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137
varied
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| adj.多样的，多变化的 | |
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138
arduous
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| adj.艰苦的，费力的，陡峭的 | |
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139
perfectly
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| adv.完美地，无可非议地，彻底地 | |
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140
predilection
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| n.偏好 | |
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141
judicious
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| adj.明智的，明断的，能作出明智决定的 | |
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142
jealousy
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| n.妒忌，嫉妒，猜忌 | |
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143
embarrassments
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| n.尴尬( embarrassment的名词复数 )；难堪；局促不安；令人难堪或耻辱的事 | |
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144
whatsoever
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| adv.（用于否定句中以加强语气）任何；pron.无论什么 | |
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145
precedent
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| n.先例，前例；惯例；adj.在前的，在先的 | |
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146
opposition
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| n.反对，敌对 | |
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147
candid
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| adj.公正的，正直的；坦率的 | |
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148
presumption
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| n.推测，可能性，冒昧，放肆，[法律]推定 | |
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149
inconvenient
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| adj.不方便的，令人感到麻烦的 | |
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150
defenders
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| n.防御者( defender的名词复数 )；守卫者；保护者；辩护者 | |
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151
virtue
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| n.德行，美德；贞操；优点；功效，效力 | |
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152
insinuated
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| v.暗示( insinuate的过去式和过去分词 )；巧妙或迂回地潜入；（使）缓慢进入；慢慢伸入 | |
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153
supreme
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| adj.极度的，最重要的；至高的，最高的 | |
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