Semi-weekly standard. [volume] (Raleigh, N.C.) 1853-18??, 1857-05-06
FOR the Standard.
THE INJUSTICE OF PRECEDENTS.

We believe it is common in law to regard prece-
dents as some if not high authority for sustaining
legal opinions or adjudications; at least they are
referred to to show that in given case, it was not
the first time that such opinions held and sus-
tained 1t appears to US this must be q remarkable,
if not bad rule, for such things are laid away
among the archives of nation, and handed down
to posterty acts Of justice at least acts OF law
founded on justice, and hoped Tor, we suppose, as
acts of truth and justice. 1.-The glorious uncertain
ties of the law is proverb notwithstanding.
We have been drawn towards these remarks 6y
what we have witnessed on several occasions. q
remember to have seen a lawyer once on presenting
"wir' for "probate ask the subscribing witness
what was the state of mind of the testator at the
time of executing that paper" The witness taken
all aback as if unprepared by any previous knowl-
edge what he was to testify to- hesated and answer
ed that "he couldn't say well us to that, but ne
reckoncd he was in his right element" The law
yer in tone of authority common, we suppose, in
legal investigations, says: swell, he was he
not in his right the time of executing the
paper?" Countryman: swell, I don't know, but
the old man said So" So the twill" passed the Or
deal and was admitted.
stranger case has been recently seen in our own
courts in the will' of the late Thomas Aston. The
subscribing witnesses were high functonaries in the
"afairs of State" and were easily to be deceived
"Eaceptio probat regulam."
Mr. Badger was very clearly deceived if sound
ness of mind is required to make valid will; his
act was momcntary Mr.. Aston was, as 1t
were. in a state of duresse in his Office; he was on
his Ps and Q's Insane persons are often very
cunning; they are notorious for deceivng the most
expert Doctors of Law and Medicine too 1t is hard
to tell the sound from the unsound mind till the
investigator meets the maniac on his own ground,
and plays with him the game of cunning; then the
maniac will tell him 81 am the Christ"
stronger instance of lunacy could scarcely be
found in the annals of all Bedam than that of Mr..
A. if rightly investigated. Scarcely an act OF his for
nearly thirty years be found which does not
demonstrate marked want of the balancing power
Of nature.
The rule then that admits wills to probate, and
children to 60 down to the grave shorn of their
rights and the bread of their fathers, and wellled
mouths to wallow in fairness and luxury, because
"great men" cannot be mistaken, CIR interested ones
cannot tell the TRUTH say is crying evil.
Wills, where even a witness stated there had been
surmises of long nemperance and perhaps sus-
pcions of something else (we cannot give The wordS)
it strikes should be clearly and very scrutinizing-
ly examined medically well as legally. because
they 60 down to future ages records of TRUTH and
enable persons to hold and convey property which
they would diSdain to co could they be made to
know how much sorrow they intct upon the inno-
cent. and how much injury they do to the cause of
Goodness and humanity.
What is lava crime? What isinSanty-legon?
A similarity to nature is always bearabe case; but
this animal is really deformed-a monster. We
cannot see how man could for his conscience sake,
receive property not wiilcd to him, but only by
Observation-Disclosures
We had no idea before that the road Of Justice was
so narrow so bcset with brambles; SO choked with
mud. Is this what the Scriptures mean by the
I" narrow way that leadeth to life?" Assumptions
bring revolutions. What is juStice-conscience
What is consciencc-all the avenues of nature con-
centrated on the soul? o. p. A.