The Collected Works of Ambrose Bierce, Volume 11: AntepenultimataBierce, Ambrose
General
The Collected Works of Ambrose Bierce, Volume 11: Antepenultimata
Bierce, Ambrose
American essays; American literature
Testators should not, from the snug security of the grave, be
permitted to utter a perpetual threat of disinheritance, or any other
uncomfortable fate, to deter a living citizen, even one of their own
legatees, from applying to the courts of his country for redress of
any wrong from which he may consider himself as suffering. The courts
of law ought to be open to any one conceiving himself a victim of
injustice, and it should be unlawful to abridge the right of complaint
by making its exercise more hazardous than it naturally is. Doubtless
the contesting of wills is a nuisance, generally speaking, the
contestant devoid of moral worth and the verdict unrighteous; but as
long as some testators really _are_ daft, or subject to interested
suasion, or wantonly sinful, all should be denied the power to stifle
dissent by fining the luckless dissenter. The dead have too much to say
in this world, at the best, and it is tyranny for them to stand at the
door of the temple of justice to drive away the suitors that themselves
have made.
Obedience to the commands of the dead should be conditional upon their
good behavior, and it is not good behavior to set up a censure of
action at law among the living. If our courts are not competent to
say what actions are proper to be brought and what are unfit to be
entertained let us improve them until they are competent, or abolish
them altogether and resort to the mild and humane arbitrament of the
dice; but while courts have the civility to exist they should refuse
to surrender any part of their duties and responsibilities to such
exceedingly private persons as those under six feet of earth, or
sealed up in habitations of hewn stone. Persons no longer affectable
by human events should be denied a voice in determining the character
and trend of them. Respect for the wishes of the dead is a tender
and beautiful sentiment, certainly. Unfortunately, it can not be
ascertained that they have any wishes. What commonly go by that name
are wishes once entertained by living persons who are now dead, and
who in dying renounced them, along with everything else. Like those
who entertained them, the wishes are no longer in existence. “The
wishes of the dead” are not wishes, and are not of the dead. Why they
should have anything more than a sentimental influence upon those still
in the flesh, and be a factor to be reckoned with in the practical
affairs of the supergraminous world, is a question to which the merely
human understanding can find no answer, and it must be referred to the
lawyers. When “from the tombs a doleful sound” is vented, and “thine
ear” is invited to “attend the cry,” an intelligent forethought will
suggest that you inquire if it is anything about property. If so pass
on—that is no sacred spot.
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Public-domain text, read in full here on John Shaqi.
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