New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1856-07-26

inscfl6ed ON sIy Pu"''N ~ = = - -
~ tbsrsfore. TO ssstan his kgitinscy,h not
ohIesd 10 prove Q ceremonial @srnsse by The Pc :
Jnctiou Of the scte nor 70 sbov tns 'ns hes q
I Pr, WsisSpt;n was minor at the time mere
hsrcthesn'- The bsnns are In crror IN reyefd I,
JSrrnne's age. and other Witnesses assign v.ieada
ages different from that given. IN spas ms
R.S,hsz Ar Ferie who appeared - godfather TO The
.nn;cant could hardly have been any other than nA
fathsr Iris In itself ives declaration Q, ,se egA
mocy Of the child Bat the conss s;,v % ~ So.
- s,ents Il tbe mere creature of p,sitivs enscne
limitation imposed by the civil authority beyond the
demands Of social ana natural obligation. IL Is thefe
S'ra ~ he Construed strictly. The burden OF proof
'".t. ;th The narty denying the marriage, and NUT
be shown by an scte OF op2oeiiion'
tn. cass then il narrowed down TO tho sioge ques-
,ion whether upon the evidence, there ~ samcsess
oround for declaring Ferr1e ineSifimate. ~ cieS
H., hs narepts were anxious to be married. Jeanne
rs n,rquapt her previous conduct had been god;
VI.yin was the object of her love. On his part be
nd let bis home rather than forsake Der; for sugk
thaf anne ars this was the dst and snge engagement
80 h;s Re. The public alton Of the bans leaves No
ysasonable doubt that they bad agreed upon marriage
and wee anxious TO consummate II IN form. In q
case which occurred in the year 1888 ls journal du
Palas, 293), Poataut received 'oto ms sessce Asr'
,S,ortbs before her sccouchs ment eonract Of mar.
race vas made In the baptism OF her children and
her own acte Of death she was recognizes - NE vile
Of Pc.tiaut, the Legitimacy OF the coo,sh ~ 81
tsbl,bed In Ferris Use q contract OF n1frssSw
evnced IN the public pr exclamation OF Intention nsy
w;at have found elsewhere facilities for getting MAJ.
ria which the opposition of bis fanny prevsntel y
81 Gpors Had the parrige taken pace suos.
IL IN the birth of the child il would have leg.mLea
him The status OF the child is determined oy nam,
renutatiou and treatment. Az to t6estd'enl, sens
case. when quite young, is one osmaoas ~
largest charity If the Law. He psrens tn MI
must he sent 10 nurse and the mother resume nei
a domestic There was no home where tne cnaIacs "a
of their mutual relations could De eamoiIeu - ~
world There reason 70 oeasSs Ave-. s e
so lopo "a they lived 10 St Girons. AS soon, too,
Jesnns heard of the death of Valentin, end was %,
ong.r in dancer of being called to account TOT nsl con
neciion with Du Lux, she mace al d.oa $780,
nv The Commission enables me to say that there no
nyyoof tina. the child was deser.ed. Thepresump1onn
hat Valentn was known TO the foster parents Oh ~
child. and was not aowed 70 neSe s,b p rsuG each
Jeanne she instituted inquiries for her son, ana when
thew failed herself SEED the ocean, protested 70 Tue
scene of her early life. discovered her son, ana Ison
fiat period assumed the Offices OF maternity. nov
can we affirm that Valentn Fenie did mo- Recognize y
tbe status of his son until his death Toe reputation
of illegitimacy, which some of the witnesses decsxe
followed Ferrie after his mother placed him with NJ
Arere in 1915, might have ex stsd as specie, OF gssT
Sin. His father was dead and bis mother once do
ins '' another name. Although assuming charge
Of him, and acknowledging him as hsr son,
the events of her early and obscure life. One Of
tbe most important tests Of status is in Ferries fAvor
he has always borne his fathers name IL Is constant
declaration TO society of the ch1ds alleged ongn.
TIE bast ard nobodys son. The child Who bears the
pame of BIZ father fom the baptsmsl tsnt unconfra.
6cted has strong presumptive claim TO legitimacy
now come to fact which overcomee all opposing
cor sctures II is in proof that both hs fathe ana
mother recognized him their SOD, and the baotsmM
certificate renders II certain thai he bore bis fathers
pane lust after bis birth. This recognition alone IN
the absence Of sufcie proof Of bestsrdy 10 enough
to establish his LEGITIMACY; that i the law niers
without qualification. p. ~ ... 81
The effect of smple declaration of hliation stated
in the ll7h novel of Jusinan, where it is stated that
whoever having con or daughter by free wonan
lag by public officer, subscribed by his own hand,
or in the presence Of three witnesses, ia his tests
ment or ID public acts that tbs or dsughter was his
end should not acd that they were natural no
ether proof Of Legitimacy should be demanded OF them
Ferrie was baptized the dsy he was born. me pap
tirms certificate has aleady appeared in The iris
usE.l The record Of baptism Is the only one beside
the bans which has been har ded down to us throwing
light upon this event. The presumption is that
be parents were privy to it; !, 10 therefore
evidence that the parties acknowledged the
child to be theirs ,,.s prS SssD q sea yUuSe
the Code Cvile that the scte Of birth Is evidsncs
Of flation alone, and not OF legitimacy The CODE,
however pre ecrbes the rules Of proof in such eases
Counts are rot At be,ty to vary Bot here evidence
Ia not governed by foreign law, and we regard the
French law we must regard the law Of the time and
pot the subsequently enscsed Code On the day when
Ferre was carried to the baptsmsl font, such an acA
Is this was something more than proof OF nha-
ton. In the acte Jeanne Icart Is Represented BY
her maiden name THE, however, was the comma
If not the usual form OF actes d birth ae the
tine. It urged that the parents are not stated TO be
married, Is the child declared to be legitimate.
But such terms are mere surplusage, and would MT,
have strengthened the proof OF Legitimacy q particle
Cive settles that point and the law OF 1892 prescbe
no merton of legitimacy on an scte of birth. The
same rule is presumedtnsappy to an scte Of baptsm
which alone we have in this case. Merlin gives TIE
front fstk In importance to the acte Of baptism, sndCo
chin the principle in the most emphatic Wy.
None of the ordinances regulating the msnser Of regis
teripg baptisms required statement as TO emscy
Merlin chsrscterizes the enstom Of inserng the word
legitimate as q "supeniuous precautiou." Aer
mentioning several qualifications Of iIlegiimscy, he
states that when these absent and the scte con
tsirs The names of the child, the fs.htr, mother,
s HD sxg %p ps
Illustrate this; Isaac Combes had been baptized
upder the name of "fls d Etenne de Combes q
dElizsbeh Perchh" the word lgisime being ouxse&
He alleged no scte Of celebration Of marriage q b
tanned bis legal status. Pierre Dafour, bspizsd -
"f's de GuiaSme ct de Judith de Negoier," was pro.
reunced legitimate by the Parchment fe Paris in 1ssk
although was not stated that the parents were mx'
ried, nor that the child legitinsts and the shr
was not present at the baptism. Tbefese Perhn wss
baptized as file dc Francois Perrin ct do MNgses
Espssne without the presence of any of her rails
tivcs The certificate did not state that che VS. hgt-
innate, or that her parents were married She Was
taken from the haptimal font BY Antoine Lsugier,
snd educated By him, 80 that there was never sY