Holly Springs gazette., 1842-05-06

| IxPoRrANr LroAL DEcIsIox--The High Court o
Errors anl Appeals Of this State decided last week. Ii,
case Of G. 4 Fosterand wife J. Aston that testanen
t1ry guardian OF minor heirs eneIto The custody
the pers Of MS ward-tha heriht saeh guardian
gives % the superior right Of 'heteseF e have not
read the OPINION but understand this 10 6sthe ffce set
tied Having bat little confidence legal aeumen
we would not fe authorized Of any doabor com
pIicaon array opinion against deberae opinion
Of this high legal tribunal: bat as his veTv tlan and
simple question. with Whc the Youngest lawyer familiar.
hesitate that the decision inanfes violate of
ceH sefed tgai prfacFs and IN direct opposition
to she whole OF espectable pecdsnts No.bng
be clearer than nat Tie fler Of child entitled to
ana Govern hs ping 4NotDins cfh oe ceief th5h ina,
the athrr 10 his last Will and Testament may delegate and
transmit to representative the power bis child that
ture and the law conferred upon him The guaaiaa steps
into the piece occupied by the deceased father aaj bg
his appointment becomes possessed oa the rights ana la
bic all the duties OF the parent peculiarly with
IN the scope OF his authority.
Il IS bat ia - that 10 me under consideration
Juge SHAREEY dsented from the majority the Court aud
expressed individual opinion coneidng with view Of
the question
The majority suppose were governed 5y feeling The
case productive Of fmuch excitement and crcIsd Ia
tense public interest Sympely for the mother doubtless
svaved the minds of the Court Such feelings ire crciabe
% them is doubt Judge ShaIAey ia3uI
ged in sympathy but when gra"e judges approach qaes
non, with the view Of settling legal principles they should
ciude if possible all extraneous and view single
isolated question Of law. v would not be understood
censuring the n0res Of the Cou-1r be il foa
only intend 10 say that IN very humble opinion tie major
ny oi the Court erred their decision ad that, pu55y
without being themselves Of such au their ia3e
r5r,5 g. oy 1is % tender
Since yvri ing the above We ava read th much pleasure
the very learned and able 2[sen made il opposition
eyncra - 3. ~ lll'. 'ii'ah iaonPson y Is
ingenious Some 9 are eaIs<bej Win
language anl sentiments that Gal their the heart al
oncehuS strengthening us ID the pPosian that tie action
7 O5' vas lAe result q 'Nced iecn rat3er ttaa d.
w
s,,.,,.,, - "a,
t'-I.. 1'." "''' s''i1 = tl''S9 s.''
fo.,,.-,.. ''''.''' 'i''''''' -'i'
I'D 7ny ,lr,o Lss evn,.,hI- ,I.- ,.r
goinr srfctag,s aooo ,be n. ..:s;., a.,
cout The LAWYERS ber.-o,I,o ,oj r.o.o-I,. down -.
law the case as bsiag Dramatically. oao,s % that which
is confidently asserted fr law by the so,hfon and
what is more i4sy arc Esgg sqsl1;aeI b. he Jooas We
have been referred to reported eases which, they are "a
regarded authortlve SHOW coucusiylv that the Court
could have de:ij IS. ns. ne mother wlhou: settqeaU
ia'e a defan~e
The principle every where recognz that fther has
no absolute legal right to the custody o his children an
that the Courts for the beaet othc cdIen may control
his re bt and even take them from bin
Ies'amenaFy guardians deriving their authority from the