Staunton spectator, and general advertiser. [volume] (Staunton, Va.) 183?-1849, 1842-12-08
PARENTAL AUTHORITY.


interesting case arose in the Court for Lycom-
ing county, Pennsylvania, in which was in
volved tho relations of Parent and CHILD and
the extent Of Parental auth GRITTY a, the
time we briefly noticed the decision in the |
case; bat dcemingi; deserving more extend
ed notice, We extracted the opinion delivered
BY Judge Lewis, (the presiding Judge on the !
occasion, aud have bad it ON file, for some
time, intendiE to give tia place, The reader
will find it below, and we invite his attention |
10 it - Compiler.
august Session Of the Peace for Ly,o.ag County. !
COMMONWEALTH as. WmLrAm AnMsraoSo.
This is an application, on behalf of the Rev.
VIM. >. Hall, minister of the gospel, of the |
Baptist persuasion, for an order of this court,
requiring the defendant TO give surety Tor keep
ing the peace. The circumstances of the case
are these. On the las, Sunday in February
last, tie defendant prohibited the complainant,
from administering the ordinance of baptism,
by Immersion, To his miuor daughter, aged a.
bout IL, she having already been baptized in
the Presbyterian church, to which her mother
belonged. This prohibition was accompanied
with threats of personal Injury TO the COM
p.alnani II he baptized her, the defendant tie
claring that he would shoot him if he did so
Oh the second Sabbath III April, following, the
complainant, having an opportunity, baptized
the daughter, by immersion, in the absence
and without The knowledge OF the father, and
contrary to his known and positive commands
This proceeding came to the knowledge Of The
parent afterwards, and on the Monday after
the occurrence, he followed the complainant
through The street, threatening him with per-
sonal INJURY to such an extent as to induce the
present application for surety of the peace
Whatever may be the rights of the parent.
IN defence OF his child, and IN the ererciss of
ms 'u'cj" t authority operu, in order To prcucnt
any act Oh disooedlence on It's part, or any in
reverence with his authority on the part of o.
tners, 1t is clear that no man has right TO
take the law into his own hands, TO be the
Judge and eXecuiioner in his own case. and in
tiict punishment upon those who have already
injured him. This is oengeo,rce,,, and not de-
Jcnce. Vengeance does not belong to man
l he court therefore order the defendant &c
give surety IN the sum of $500 to keep III,
peace iorsiX months towards the RevW S. Hall
ana all other citizens of the commonwealth.
mus lar we have acted without hesitation
or doubt. But under The act of Assembly o
the 2Sth of March, lSli, it is the duty. of IN,
court, IN cases of surety of the peace. to dircc
the detendtnt, the prosecutor or the counly 4,
pay the costs. In the exercise of this discre
uon, II bee ONES necessary TO inquire into In,
conduct OF the parties, and to ascertain who's,
wrongful act produced the necessity of TIL.
Application Tor the preservation OF the public
peace. II The prosecutor was acting within
me me oil his duty, he oughtnot to pay them
II on the contrary, he has ntericred with the
lawiih authority of the father, over his own
&c Il -
ed him in his excited feelings, to mediate The
personal injury, and to make the threats com.
1sa'Afa 1idd ia S'aitd tJIseS N'nen' ms own hrs
wrongful act had occasioned.
The authority Of the father results from hi.
daIes.-lle is charged with the duties of main.
tendnce and education. These cannot be per
formed without the authority TO command and
enforce obedience. The term education is no,
iimlted to The ordinary instruction of the child
III lIie pursuits OF literature Ii comprebends n
proper attention To the moral and religious sco-
flnaenS OF the child. In the discharge of This
duty i. is the undoubted right OF the father 70
designate such ieucherS either i'm a,orgIy. rcl-
g'cn or literature, as he shall deem best calcu-
lated to give correct instruction TO the cbld
NO teacher, either i'll religion or in any Other
branch oil education, has any authority over
lhe ciliiI, except what he derives from It's mr.
ent or guardian; and thai authority NAV be
Withdrawn Whenever the parent, in the exer-
else OF ms discretionary power, NAV think
proper. If he should come to the conclusion
that the attendance Of his child upon the min
iatration Of any particular religious Instructor
Is not conducive to lis welfare he may pro-
nicit suca attendance and contiue 1t To such
religious teachers as he believes will be mos,
likely to give 1t correct instruction, and to Sc
cure It's welfare here, and its eternal hapDiness
IN tie world To come.-Iie cannot force it TO
adopt opinions contrary 10 the dictates of lis
own conscience, but llc has right TO its time
aud It's attention during its minority, for the
purpose OF enabling him to make the effort in
cninoent ON HIM as a father of .'iyainiac IL m,
IN he acny II shouid go.o He NAV not COM
pei u. against It's own convictions of right. to
become member Of any religious denomiua-
ton but after it has been initiated. with its
own free viii into the religious communion.
to which It's parent belongs, he may lawfully
restrain IT, during its legal Infancy, from violai-
ing the religious obligations incurred in its be-
halt, by placing Itself under the religious con-
troll Of minister whose opinions do not meet
It's parents appreciation.
The pairiarchal government was established
by the Most High, and with the necessary
modiilcatons,it exists at the present day. The
authority ofihe parent over the youth ard in
experience Of his offspring rests on founda-
tioDS far nDTp sacreI do, ,io rst;....:l. -,