Graham's Magazine, Vol. XL, No. 3, March 1852Various
Science
Graham's Magazine, Vol. XL, No. 3, March 1852
Various
Literature -- Periodicals; Literature, Modern -- 19th century -- Periodicals
“I am not here to learn what justice is, justice in the abstract, Mr.
Didimus; I might travel far and not find it. Positive justice, the
positive rules of the legislator, the justice of the law is that with
which we have to do. There is no natural right to property. Property is
a creature of the law. With one, it is just that the eldest born should
take all; and with another, it is just that the succession should be
equally divided between sons and daughters. Here, the youngest claims
the largest portion; and there, the female is preferred to the male.
Positive rules, the wisdom of many wise men, of many generations, do,
with every people, both make and unmake the right and the wrong. The law
is justice, and I ask what the law awards me. If the law gives to the
wife a tacit mortgage to secure her paraphernal rights, the law also
gives to me a judgment mortgage to recover my rights of contract. She
must show a valid marriage; I must show registration. We stand upon the
same platform; and if I prevail, it is because the law is with me. No
injustice is done, Mr. Didimus. The widow cannot have what is not here;
thank God, no injustice is done.” And the rich man, as he closed his
defense, stretched out his hands clutchingly toward me, as if to take
possession of the large sum of money which seemed passing beyond his
grasp.
“Supposing all that you have advanced to be true, Mr. Cornelius; yet, as
the widow in the case under consideration, married and cohabited with
her late husband in entire ignorance of the fraud which had been
practiced upon her, the law, both in letter and spirit protects her; and
I must respectfully decline any further action in the matter.”
Mr. Cornelius bid me good morning.
SECTION III.
Some few weeks subsequent to the interview just related, a lady habited
in deep mourning called upon me, and put a large bundle of papers into
my hands. It was the widow; and the papers were a statement of her
husband’s succession, much of his correspondence, evidences of her
claim, and the usual copies, which had been served upon her, of a
process which Mr. Cornelius had instituted under the advice of counsel
more pliant, or wiser than myself.
“I know something of this already,” said I, after having hastily glanced
over the contents of the package.
“Indeed, then I am unfortunate, for you are retained upon the other
side,” said the lady.
“I might have been so, but declined; and, believing as I do that you are
in the right, you will permit me to hope that you are not unfortunate.”
“The past is dark enough,” said she, “the future is with God alone.”
“Mr. Andrews had a wife living at the time of your marriage with him.”
“The evidence of that fact is in your possession.”
“You received from your mother’s succession fifty thousand dollars,
which your late husband squandered.”
“He was imprudent.”
“Of your husband’s first marriage you were ignorant, until after his
decease?”
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