The Ouachita telegraph. [volume] (Monroe, La.) 1865-1889, 1881-08-05
AN IMPORTANT DECREE OF THE
SUPREME COURT.

The Supreme Court, during its ses-
sion lately in OpelOusas, decided novel
and at tho same time an interesting
and vcxcd question. 1t concerns as
much ministers of the gospel as it docs
the members Of the bar, and even to a
certain extent the community.
A woman of white descent had died
leaving imnovable property, Iegiti-
mate coltatcraIs capable of inheriting
from her, and = natural daughter of
color. The child's mother had deaf
and dumb from her birth and wholly
itiiterate. The legitimate relatives of
the woman commended that they were
entitled to the inheritance, the child
never having been recognized in writ
ing by her mother that even then her
mother had not been sane in mind and
had been deprived of the use Of her
civil rights by virtue of Judgment OF
Introduction that besides, the recogni.
ton of child born of persons incapable
of contracting marriage could receive
no legal sanction. The child was born
before the war between the States, and
was baptized, the baptismal act stating
her to be n natural child of Il mother
known to the Clergyman but Of a father
unknown to the world; the mother of
the child was not present when the
baptism occurred but had remained in
| an adjoining room during tho cere-
| mony, and had not signed tho act. a
certified copy of the act was offered in
evidence, but it's admission was object
ed to OH the ground that the signatures
of the parties to it could not be proved,
they being either dead or in unknown
places Of abode
1t was held by the Court that the
document was an authentic one, and
that, as !. ruie, all copies made by Il
custodian of records, under such cir
cunlstances, are authentic documents.
It was further decrced that the
acknowledgment of q mother, as in the
present instance, need not be in writ
Ing that it sutticetl, ifby her own acts,
repeatedly and in public, rs we'll as
privately, she treated the child as her
own, and that accordingly the child
was entitled to her estate in tho absence
Of the mother. The identity, in the
case at bar, had been, consequently,
sufficiently established.
The question was agitatcd, but, but
not determined, whether the law, even
il such and acknowledgement had to
be written, would strike with nullity
the public acts referred to, where per-
son born deaf and dumb, knew neither
how to read or write, and was there
fore totally unfamiliar with tho intent
and meaning Of written or printed
language.
The woman whose succession in the
present case was an object OF litigation,
had been declared insane by court
of competent jurisdiction, but only
long after the birth of her child, which
| in anv event could not be productive
Of any legal result.
| Her child was consequently recognize
ed as her only legal heir.
| The matter was decided by tho Chief
Justice, who, in q learned and mucl,
admired opinion, was on the occasion
| the organ of tho court. 1t is certainly
| in accord with the rules of equity and
supported by q common sense of Justice
which docs honor to its author. 1t is
The first case of tho kind in the reports,
and will, beyond a doubt, serve as ::
just and immovablc precedent in the
jurisprudence of the State, to be follow
Ell by the successors in Office of the
present court with appreciation and
communication at al! times, under semi
lar circumstances.