The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-03-26


On the 9th Of March, the Vice Chanceiors Court Of
London Sir John Stuart delivered Judgment in The mat
ter Of Mary J. Dawson"
The circumstances Of the appeared to be these
On the death Of her mother in lsl6 the infant became
entitled to land IN the neghborhood Of New York worth
about gee 900 ,ooo For some time prior to the
death OF her mother the infants maternal aunt Mary
Ann Dawson, continued to reside with her until the
death Of the infants father In 1861 The infant
born in New York Her father was Englishman, who
left this country many years ago and settled in New
York merchant where he obtained letters Of natu
ralzaton. Her mother Miss Jay, the grand daugh
ter of Chief Justice Jay, of the United States Shortly
after the death Of her father the infant removed by
Mary Ann Dawson to Philadelphia visit. In June,
1852 was proposed to have her uncle Robert Lee Daw
son, appointed the guardian Of the infant, which
opposed in the Office of the Surrogate Of New York by
Miss Jay her maternal aunt, the ground that he
not resident in New York, and would not undertake
the infant out Of the jurisdiction. On the
hearing of this objection compromise effected by
which the maternal relatives consented that Mary Ann
Dawson should be appointed the guardian condition
that the infant should be brought the United States
The infant subsequently removed to where
again brought back to New whence she was brought
to this country The Supreme Court Of New York having
granted injunction to- prevent her removal from the
United States the petition by Miss Jay, and the
petition by Mr. Dawson the infants uncle, subse
quently presented The facts appear sufficiently from
his Honor's judgment.
Mr. wigram and Mr.. Iawford appeared for the Amer
guardian Mr. Bacon and Mr. Cairns for the paerna
aunt.
The Vice Chancellor-The first petition presented in
this behalf of the infant sets forth the claim of
Miss Eliza Jay her maternal aunt to the guardianship
of the infant This claim is supported the ground
that the infant is by origin and domcle citizen of the
State Of New York; that the greater part If not the
whole the infants fortune consists of property in the
state Of New York that Mis-, Jay Is the guardian ap
OF that State and that the infant positively and by
evasion of injunction granted by the Supreme Court
of New York. removed from America and brought by her
maternal aunt, Miss Mary Ann Dawson, to England in
October 1882 that this done in violation of solemn
promise in writing by Miss Mary Dawson that she
hrip mn no in
her to consider 1t as her home Under these crcumstan
Miss Jay asks this court to appoint her guardian with
being brought up and educated there. The order of
the surrogate of New York, which appoints Miss Jay
guardian is to he recognized and treated In this court
with the respect due by the courtesy of nations to the
order of foreign court but 1t does not confer Miss
Jay the character Of guardian in this country. And
accordingly this petition supported by Miss Jay asks
that some other fit and proper person may be ap
pointed, and that all proper directions may be given
British subject and is said to have been, after
many years. residence in America naturalzed citi
zen Of the United States Being born in allegiance to the
ferred him the rights of American citizen did not
absolye him from his duties deprive him Of his rights
British subject and his child born in America, OF
arriage contracted with American lady, and with
American domce and under the protection of American
laws is nevertheless subject of the Crown of En- Gland
This child thus connected with both countries ana with
her nearest relative of equal degree in BOTH was, for
the six years between the death Of her mother in 1S48
paternal aunt, Miss Dawson, English lady, in New
York. enjoying at the same time the society Of her Amer
can maternal relatives, with perfect harmony among
that Miss Dawson the most proper person to be
the guardian of the child. The eagerness of Miss Jay
to secure to the child exclusively American educa-
ton has led to that state of things which has for
time interrupted the previous harmony between the
two classes of relatives The spirit of nationality which
acuated Miss Jay in resolving to hav the child brought
up in the United States her home il. natural and
even laudable. But some regard was due to similar
spirit in the English relatives in favor Of home and
education in England It was somewhat too arbitrary
determination by herself in favor Of her views which
exacted that reluctant conditional PROMISE and excited
those natural fears which induced Miss Dawson to aban
don the guardianship rather than abide by the condition
which she held it, and drove the paterna relations
remove the child to this country in the manner com
arrangement is made to the guardianship, resi-
dence and education shall best tend to maintain her
connection with both classes of relatives and both
countries But the proposal which has boen made-that
should make such order would remove the child
from the care of Miss Dawson and deliver her to Miss
Jay her guardian, in order that she may Immediately
return with her to America, to be brought up
American and not Englishwoman- con-
ceived in spirit rather exclusive and iberal To act
upon in the way proposed would am perfectly salts
fed disturb the present happiness and comfort Of the
child As to the argument here in favor of the right
cannot be maintained. Looking at it with all the
respect due by the comfy Of nations to the order
peculiasties as to the guardianship conferred by
the surrogate Of New York His jurisdiction seems
to be arranged on very narrow views Although all
the maternal relations of this child citizens Of the
United States, Of them regarded by the
gate except the two aunts who reside in the city of New
Of Wescheser in the state Of New York but beyond the
limits Of the city of New York. and another maternal
Gle residing at Washington in Virginia are beyond the
view Of the surrogate The patcrnal unces and aunts
being English treated and all foreigners. But
the nearest relations with the highest rights of CT
tzenshp unless residing within the county of New York
appear to have no voice before the surrogate This
arrangement of the jurisdiction may be sufficient for the
class of children whose nearest relatives live within the
bounds of the city of New York. but scarcely be suit
able for those children of higher class in society," whose
relatives most interested in their welfare and most likely
to promote it, may live beyond such narrow limits For
this the laws Of America treat the powers guar
dian appointed as strictly local. Mr.. Kent, in his
Commentaries American LAW" (yol IL, page 227),
speaking with the authority due to than twenty
years Of experience judge in New York. says that
guardian appointed by the surrogate by will much
under the superintendent and control OF the Court of
Chancery and of the power of removal by it. he
appointed by the court' And, moreover he says that
he rights and power Of the guardians the person
and property of their wards strictly local. and
not be exercised in other States 1t seems therefore
that the appointment of Miss Jay to be guardian by the
surrogate of New York is strictly local that she could
not according to the American law, exercise it in the
state of Maryland if the did
present the sngulary Of another guardian of the
infant appointed by the State of Maryland Some de-
of practical inconvenience and disturbance of
fort may be apprehended from orders pronounced by
these conflicting Jurisdictions and it must be for the
benefit of the child that scheme should be so ar
ranged TO her the greatest advantages to
guardianship residence and education that be de-
rived from her connection with both countries and tend
to the maintenance of kindly and proper intercourse
with her American well with her English rela-
tons. With these views it seems to me, full con-
sderaton of the evidence in this case, and after nav
ing myself seen and conyersed with the infant well
with Miss Jay, Miss Dawson and other relations Of
the child that it is fit and proper and for her benefit
that Miss Jay should be associated in the guardianship
with Miss Dawson and Mr. Pudsey Dawson and that
the usual and proper inquiries should be made before
me- in chambers as to the age and fortune and rela
tiOns of the infant. with liberty he diana
any of them to propose scheme for her residence,
maintenance and education.
The PENNSYLVANIA LIQUOR BILL.-The Senate
referred their Liquor BILL which third reading to
the Committee Vice and immortality for the purpose
of amending and perfecting its provisions The bill will
not again be acted upon distinct measurc but the
Senate win take up the bill passed by the House. and
attach their bill to it as an amendment In this shape