American Pocket Library of Useful Knowledge/The Law
THE LAW.
Every citizen should earnestly and constantly bear in mind the important fact, that his only safety, for person, property, liberty and life, is in the absolute supremacy of the constitution and the laws.
Betting on elections.–This is an extensive and pernicious evil, alike injurious to the citizen and to the purity of elections. All are interested in its suppression; let all then unite in getting up and presenting petitions to the several state legislatures for the passage of a law similar to that introduced into the Legislature of Missouri against betters and the stakeholders, and fining both to the amount of the money or property bet. Also punishing by fine, any person who may publish a bet, or assist in any way in making it.
A decision in Ohio makes proprietors of stages responsible for passengers’ baggage, notwithstanding their caution of “All baggage at the risk of the owners.”
A Non-resident.–A person having a place of business in a city or town, and boarding and lodging in another, is a non-resident in his place of business.
Titles of land derived under sales for taxes are declared good by Supreme Court of Illinois.
A Salesman receiving a per centage is not thereby constituted a partner.
Breach of trust is where valuables are received in the course of employment, for or in the name of the employer, and embezzled; but if the valuables have come to the possession of the employer, the offence is larceny.
A Husband: he is liable for goods furnished his wife, if, from ill treatment or other sufficient cause, she does not live with him; but if she leave him from unjustifiable cause, he is not liable even for necessaries, whether the tradesman knows of such separation or not.
Erasing or altering an endorsement of a payment on a note is forgery.
A town is liable for damages occasioned by any obstruction placed on the road by human agency, and is bound to make roads safe and convenient for travellers.
Common Carriers.–The owners of a steamboat are responsible to shippers of goods as common carriers.
Common carriers, if they make a wrong delivery, are responsible for any loss.
The owners of goods must have them properly marked, and entered in carriers’ books; and if he neglects to do it, he must bear the loss.
UNCERTAINTY OF THE LAW.
A man falls into a dispute with his neighbour, runs to his counsel, tells his story in his own way, forgets those facts which are against him,–relates the rest with that sort of exaggeration which is natural to a party,–undertakes to prove the whole case as he has stated it,–and asks for legal redress. After such an examination, a suit is instituted,–the trial comes on,–the plaintiff’s witnesses are heard, they reduce in a great degree the colouring which the party himself had given; the defendant’s witnesses prove many new facts, which totally change the complexion of the case,–it is decided in favour of the defendant, and the plaintiff ever after complains of–the uncertainty of the law.
The fault, it is evident, was in himself. If he had told the truth in the first instance, he might have saved his money, time and temper.
At the present day every man has a fling at the uncertainty of the law. Yet upon investigation, it would appear that in at least nine cases out of ten, the uncertainty complained of, is not in the law, but in the facts to which it is to be applied. The law has sins enough of its own to answer for;–defects sufficiently abundant–contradictions–doubts–even absurdities, which ought to be removed or amended,–but, with all these, we repeat that, in proportion to the number of disputes which arise between man and man, there are very few cases, in which, if the facts were clearly ascertained, any respectable member of the profession could not, without hesitation, say what would be the law.
The event of litigation is indeed almost always uncertain: the law rarely so. Nor could any plan be devised for destroying this quality of litigation. If the most minute, distinct and intelligible rule were laid down for every variety of possible circumstances, (which, by the by, never has been or can be done,) there would remain sources of uncertainty almost as fruitful as those which now exist. For after all, what would be the rule of law proper to be applied in any case, would depend entirely upon the facts, and those facts must be proved by human testimony, and to the satisfaction of a human tribunal; the testimony and the tribunal being both human, therefore both fallible;–the former liable to incorrectness or incompleteness occasioned by intentional falsehood, imperceptible bias, or defect of memory–the latter (throwing out of view wilful error as of rare occurrence,) equally liable to misdecision from prejudice, misapprehension or detect of judgment.
These are faults not of this or that particular system, but of human nature. They will be entirely cured, whenever mankind shall be rendered perfect in honesty, memory, apprehension and judgment, but not till then.
ADVICE.
In law, as in physic, it may truly be observed, that prevention is better than the risk of cure. The preceding remarks on the “Uncertainty of the law,” are full of instruction, and point out the risk, besides the certain expense, delay, loss of time, vexation, ill-feeling and trouble of law-suits, which in every shape or form should be avoided. “Agree with thine adversary quickly;” do so even at a sacrifice, being assured that the intricacies of the law, with its twistings, and turnings; its precedents innumerable, decisions contradictory; its nice technicalities, forms, and mysteries, are all inexhaustible and incomprehensible, and combine, too frequently, to render law an overmatch for plain honesty and simple justice.
If differences arise, and a reference must be made to others, let it be to mutual friends–to disinterested persons selected by both parties, and make up your mind to abide the result.
CAPITAL PUNISHMENT.
Public attention is becoming awakened to the enormity of taking human life. Not only humanity but policy is against it. There is not a point so well established in the science of Criminal Law as that of severe punishments increasing crimes, except, perhaps, that of mild punishments diminishing them. The statistics on this subject are perfectly conclusive. In England, in 1821, there were 114 executions, and in 1838 only 6, while crime within that period has diminished in a rapid and remarkable degree. Similar results have followed the partial disuse of the punishment of death in France, Prussia, and Belgium. Whatever experience has been acquired by this unexampled reform, has, at least, been safety and innocently gained. Some hundreds of offenders, had they committed their crimes a few years before, would have died by the hand of the executioner. They have been allowed to live. Life, the only season of repentance, with all its opportunities of regaining the favour of an offended Deity, has been continued to them; and from this lenity, society has derived no injury, no loss.
For murder, the penalty of death, as an example, is momentary, and of no beneficial effect. It disgusts the good, and brutalizes the bad, who witness the spectacle. As an act of extreme violence, it teaches violence to the people; as an act of deliberate homicide, it diminishes the regard due to the sanctity of life, and renders murder less revolting to the uninstructed mind.
When will those who are chosen to make laws for us, when will men who profess Christianity, learn and practise something of the Christian spirit, against which every feature of this law is at open war? Capital punishment is a blot upon our institutions, and a disgrace to any civilized community.
An account current rendered and accepted without objection being made in a reasonable time, precludes objection afterwards, and makes it a stated account.
A Will dictated and taken down in pencil only, and signed by two witnesses, is valid, if deceased was in sound mind when he gave the instructions.
Murder.–The punishment of death is revolting, but, nevertheless, while it continues to be the law, the juror who racks his mind for an excuse to avoid the performance of a painful duty, forgets that in saving a forfeited life, his verdict becomes a recorded license for future assassinations.
NATURALIZATION LAWS.
Congress alone has power to make or regulate the of Naturalization.
An alien must renounce in court, allegiance, &c. to any foreign power, and declare intention of becoming a citizen at least two years before admission. Must swear to support the constitution, renounce any hereditary title or order of nobility, and must have resided five years in the country, and satisfy the court that he has behaved as a man of good moral character, attached to the principles of the Constitution of the United States, and well disposed to the good order and happiness of the same.
Excellent laws, if well administered; but how shamefully disregarded! The mockery too frequently enacted in their administration, in at least some of our courts, is matter of pain and humiliation, and to none more so than the intelligent naturalized citizen himself.
Children of naturalized citizens, if under twenty-five years of age at the time of their parents’ naturalization, shall, if dwelling in the United States, be considered as citizens. An alien having declared his intention, and dying before he was naturalized, his widow and children, on taking the oaths prescribed, shall be entitled to all the rights of citizenship.