, 1862-05-19

competent Jurisdiction, Is was claimed In this |
tase, an erroneous judgment upon tue otfense
charged, would lodge the boy IN B1ideWen,
not in theReform School.
{2) In regard to the second objection, it
was denied TINT the boy is deprived of his
liberty in case In which BY any ZaaD he is eyer
entitled to trial By jury: and that he is de-
p1ived Of his liberty at aa within the contemz
Rights asserts certain "i1herent rights,'' IS
they belong to the individual at natural Law.
But at natural law, where the right Of personal
liberty is largest, It is qualified BY the conflict
welfare. One Of the especial Instances where
the right is thus abridged, is when power is
given 10 the parent over his child while within
the age OF discretion, to enable him to dis
charge the natural duty Of educating and
tIain1pg the ehjld, that be may Be source Of
discretion has no such right to his liberty as
entities bin to grow up during that period in
ignorance, idleness and vice. Natural law
imposes upon the parent the duty to educate
duty, the power is giyen By the same Law to
correct and restrain his liberty for this Pur~
pose. But this power over the child grove
out Of the duty, and il given, to enable its
discharge. When, however. the reason Of the
Law ceases, the law itself ceases to act. If
charge the duty Of properly training the
child, the law may take away the power thus
neglected or abused, and may vest
It elsewhere. This is what is done BY.
the parent, when the reasons fail for which it
WAS given, aud vests it in the Superintendent
Of the Reform School This boy Ia held under
the same law, by the same power, with the
same right Of restraint, and for the same pur,
pose Of education, rs be was previously held
By his parent. It is not case in which one
is entitled to trial by jury any more than when
deprived Of the same liberty By the parent.
When boys reach the legal age Of discretion,
they are cmaucipated from the school as they
| would hare been from their pareuts. Black
/ stone complains that the right Of taking from
parents this power over their children when
they fail to exercise it for the purposes design
| ed, has not been sufficiently exercised in Eng-
| ]and, but comn1ends the statute by which
| "the children Of the poor are taken off
| the hands of their parents, and placed out by
| the public'' as APPRENTICESHIP the right has
always been exercised to it's full extent BY our
legislatures. It is in the exercise Of this right
that this commitment was made. The Super
intendent Of the Betorm School, Ike the teach
ers in the public schools, stood In loco paTen-
| tis and give to the boy that training, which
| the State requires but the parent failed to
give, and it is not a case in which the right Of
| trial by jury excited But still further-it is
| denied that this boy has been deprived Of his
! liberty at all-wittin the contemplation Of the
Constitution. A child within age is entitled
to his liberty, subject ut natural law to this
right Of restraint for the purpose Of his edu-
cation. Until o child within age has been de-
Is required for this purpose his right Of person
al liberty has not been intenered with within
Il G contemplation OF the Bill Of Rights.
{3.) In regard to the third objection it was
denied that any judicial power whatsoever is
vested in the Commissioner BY this oct. The
person. ''examine the boy" to learn whether
lie is in need Of proper parental care" so to
be s' fit subject for the Reform School" It
is an act Of Judgment, but not "judic1a1
act.'
The Court snbstantiated these positions ot
Mr. lsAam, by deciding the case in favor o1
the defendants.
UNITED STATES CIRCUIT Coung-Befoy Judg
Drummond-No- -chancerY-sa1 r Ben
nett ct al rs Andrew II. Haines ct a1 oa motion O.
Commissioner authorized to take proof and to ex
anime the defendants at Ga1ena, IN this case. en
tered order as furnished No. 25i-chancery-
| Ashacl Emigh ys Chicago, Burlington and Quinc,
| Railroad Company; cage taken under advisement.
The argument in this case occupied nearly all tht
time IN Tie Court 5estsrday ,a, ,,
rich and I1i1son.-No. a5a-Wiliiam james ct al
IS. a. Stsattoa ct al; motion for new trial b.
dict Of debt, si.s00, discount one cent; defendan
enters exceptions, and ten days time given to FL
biz at exceptions. ,
Chicago Bar upon the death Of Carlos Haven, an
cn his tion, it WIS ordered rh.. they be entcre
ut large On the events of the Court.
There was very little business done In tn
Cearts yesterday. The room occupied by tn
Circuit Court Of Cook County has been under II
pairs for several days, bnt is in fine condition
! and will he occupied by tho Court on Monday.
PIcTrnR SALE.-Gentlemen who purchase
pictures at our sales at Gi Dearborn street, an
| not delivered, are requested to call on Monda
!: carly as possible aud take them away, as th
, owners don't feel able to incur aug further c.
! pense. GILBERT, SAMPSON & Co.
, W"For Children ]aboring from cough or hoars
! nese, Browns Bronchial Troclcss' Or Cough Lo,
cngcs, are particularly adapted, on account I
thei, soothing and demnlcent properties m&
, re-" Yankee Card Writer,'' Sherman Hous
ais!, n7trrs taken in Cnstom Hoasc Place, next
: Post Office Samples smailed for two stamps
priL1ed from plate II. may136t
| ~" gcc:. shade hanger wanted Apply to
L G. L. Faxeu, 70 Lake street. ap2+p143
CO TO John Jones, 113 Dearborn at, and ret 70
a c1o'beH thoroughly cleaned and neatly repaired.
nt:v11
u u "s:s1 On Dunlop, scwei1 i SpeldIus for Printing
s nov11-h2Sl-ly
3 - Buy paper hAngi8gs Of Chase & Co., 1
l. Randolph street. NH ep 3ua
- For cleaning and dying gcns1em8n's cloth
d SO fe Cook q Mclean, ss Dearbnr1. street. II
Z old established hozae do better and cheaper wo
,'E ,E than any In Che city. eb2t-ly
II