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ADMINISTRATIONSHIPS AND GUARDIANSHIPS.
THESE may be thankless offices, but, as delicate and necessary trusts, must be confided with strict precaution, by the responsible judiciary, to the most responsible and suitable.
Insolvency of estates is often suspected of being improperly produced; at least that there is some foul act respecting them. Have accounts against the estates presented to and recorded by administrators, in due time, even if they say the estate is insolvent: they may have their object to speculate. This has been done, to my certain knowledge, by one not over scrupulous.
Purchasers cannot be too particular in examining the titles to property sold by administrators, who should invariably satisfy the public in all such sales, as they may transgress, by abuse of usurpation, the will, and consequently the law, that will hold innocent purchasers responsible to the amount involved, and much that may be superadded.
The nearest relations must make no calculations on the reimbursement compensatory to their most liberal expenditures, made for any estate, no matter how laudable the object to save, as the law for administratorships must be strictly adhered to for universal protection, and that may prevent the sordid interest of miserly legatees of acting even justly. The dependence is a contingency that had better not be risked, as the court is responsible.
Åny bill of exchange, if not taken up by the administrator for the deceased drawer, had best be cashed, on the fourth day, by the other payers of the bill, and forthwith protested to meet the exact demands of the law, that has necessarily to be specific to be just and equitable.
The whole world is filled with a history of wrongs, unfaithful actions, and suspicious deeds, that cause mind to feel its bitterest pangs and seals their deepest anguish. We may expect bad faith in all circles, on the present organization of society.
Can we safely entrust power, money, or anything of value, into the promiscuous hands of the world? Who is capable of guardianship? Scarcely one in an hundred. None should take authority unofficial, as they may abuse it without proper responsibility. The head men of towns, county courts, should correct all this at the right time, point, and source, as unofficial authority cannot properly dictate, then self-defence and all its accompaniments come in at once. Lamentable results too often ensue. State authority and its delegations ought to teach all subordinates the principles of law, &c., for their good behavior, and the best reasonable government of themselves. Self-government is the true, best government, after all.
Probate judges defer the settlement of administrators. What is to protect orphans from loss of time as truants or loungers, or from loss of time without a suitable benefit ? This class should be duly protected, and their rights appreciated by the public, if they have not an estate, and intellect adequate for a complete education to master principle. Freemen are to act on rights, that must not be subverted,
The courts should take cognizance of all these things, under proper affirmation of office, or be accountable in full by their property. Probate courts ought to cause all administrators to settle up once a year, and all reasonable complaints respecting them to be met promptly. Who will impose on his female charges or wards, and take advantage of their destitution? This must be a public duty, for superintendence at least.
Persons of standing have their word taken in guardian accounts, when all should be investigated. The present artificial state of the world shows a prevailing disposition to take undue advantage. This shows no liberality of spirit. Gold is the lever of the world. It seems an apparent hardship, that poverty proves a temptation to woman's chastity and man's integrity ; let it be considered all right, as the refined gold will become more so in the fiery ordeal.
What can be more analogous than the prosperity of the greatest number, to have all commissions held sacredly accountable. The great public is materially concerned in the right management of public matters. The school-funds appropriated for the poorschool, have been radically changed in some places, and the amount drawn even by the rich, who can educate their children without this pittance, that would help keep up the public school, which the poor cannot do, and therefore not able to educate their children, as they have no school. Is this right? The responsibility of management is shifted off on the imbecile and incompetent, instead of constituting boards of the ablest, talented citizens. Superintendents should be invariably appointed yearly. Such funds are too sacred to be appropriated or alienated. Something should be done to hold all such as sacred as religion. It will not do for republics to talk of monarchies, till defaulters and alienation of school-funds are properly counteracted.
The best of government is only proved by the best acts of public and private justice in the small, as larger circles. Let all officers resign as trustees of public schools from conscientious motives, if such officers cannot consider the incumbent qualified, proved by his examination not being good, and cannot have him removed, or cannot have the right administration of scholastic affairs.
Of what use are many lawyers ? Let them engage to win the case, or if they lose on the facts of the case written down, lose their fees. Pettifoggers will ruin if you permit them. Is not justice oftener shown in the tricks of law, than in virtue of principles? We should get rid as speedily as possible of all pettifoggers, all the petty detailers and corrupters of society, who prey on it, by the wisest conservative revolution in law principles.
When an attorney is employed to do justice from his legal knowledge to both parties in writing contracts and fails, he is bound, by every principle of justice and equity, to the party that he betrays or deceives. I know of a case strictly in point. One party would not touch the blank bond until the lawyer guarded against all designs of the other party, heard all by his own inquiry, and wrote the documents, as he affirmed, right.
This lawyer acted afterwards, when called on, with the highest injustice to the whole position, against the highest principles of honor, truth and honesty, that he betrayed on oath. There are some things that prove themselves, and this is one of them.
It was the interest of the first party to have nothing to do with the second party, unless his interest was protected through strictly legal documents.
He could not reject the position, however felonious the second party was, as his word was pledged.
As base a man as the second was, the first was bound to his promise. Of course, not finding the second party honorable; the first had to secure himself by solvent and safe men, requesting the lawyer to insure the proper position by securities. The business was on those express terms, to reach all that, of course.
The first party could not dictate, but request a legal equitable position. The note was a carte blanche to fill. The business was transacted, and the second party running off, tested this matter completely.
Had the lawyer acted honestly, the first party would have been secured ; but the lawyer acted the basest fraud, thus completing the very injury of the first party, doing the business to his disadvantage, perjuring himself on the transaction, yielding all advantage to the second party, and setting up the false pretence that he acted to the wishes of the first party! Would the first party hire a lawyer to cheat himself, when it was to his interest to have all legal principles right?
What can be thought of such a fellow? And yet there were some who upheld him?
I do not know which was the most unprincipled, the lawyer that drew the documents, or the parties that defrauded thereby. Both defrauded most horribly thereby, and perjured themselves. But where is the redress ? Not in this world.
The transaction was executed by the lawyer for what was legal, yet the securities have been exonerated by their own oaths, the proxy, the lawyer, disgracefully sneaking out of the matter ; yet the lawyer was right, though the securities were all exonerated! None but the creditor suffered! Who calls this justice ? Yet it has been done to my certain knowledge.
If you wish to see the annals of crime, seek the courts of justice, and the records will tell you, in addition to your own observation, and the experience of the officers.
Too much latitude of power is permitted to unprincipled men of all professions. This has been too long by its own blind permission, imbecile inactivity, incompetent to perform high obligations that belong to duty. The soul of a dying man cannot rest, unless a priest officiates! The functions of nature cannot progress without the doctor, and the citizen cannot pay his debts unless he is reminded by the honest lawyer.
Where, mind, are thy fundamental principles ? Art thou asleep? Has reason been exiled ? Have common sense and honesty departed this life?
Rational religion is yet to redeem ali mankind from the first; domestic practice renders the principals of families independent to a proper extent in the second place; while courts of conscience and conciliation will do an immense amount of good in the last.
Do half of lawyers know the relations of things; or do half do their duty at the start or close of the bearing of the case? How many advantages are taken in law, to the disadvantage of the most honorable justice, by sharp lawyers ?
Is this for the benefit of the most?
Cannot people do most of their own business, or let it have the principles conservative of it?
We should be freer from much of legal misguidances, and secured from the foul grasp of the self-interested. All of this some have to learn, more or less, in the school of the world, where too many of the people are mere botches, and have to resort to professional business, bankrupt by their own ignoble deeds and folly, and rabid partisans in evil. There are many lawyers who should not be trusted with business, if they paid liberally for it. How many have to learn on the business of the people.
If you seek to advance such into business, you had better give them the amount of fees, and pay a competent and approved lawyer.
Never pay for law friendship, surely. Experience has fully proved that some have no gratitude, and surely no responsibility, no matter how bad their misleadings, as they were ever ready with sophistry, unprincipled as they were, to get out of the difficulties for themselves, but surely leaving their clients to suffer.
Most of the people lose, before full experience aids them, enough to pay for several codes of proper digested laws. If the people do not protect themselves, how can an irresponsible profession be depended on?
Much of this profession is cunning at its business, incompetent in the performance, and sharp to avoid responsibility. When others turn most to their account, what can the balance do who are without proper advisers ?
Freemen wish nothing less than proper protection in business, above mean and dangerous pettifoggers. Do lawyers improve the general morals of the people? Those of elevated character must be an ornament to literature and sound morals. But where they advise only expediency in place of good morals, generally, or success under all manner of sharp, not moral power, may we be saved from all such, whom I could never confide in.
Is the profession predicated on lawyers' moral principles? How much property is cloaked and smuggled by the tricks of pettifoggers ?
How much is society disorganized by the harassing delinquencies of parties thus advised !
In the sale of unsound property, thereby invalidating the sale, are the parties promptly advised, beyond what honesty prompts, in taking it back ?
Neither moral, intellectual, nor pecuniary responsibility, is advised by the legal profession generally, as becomes a worthy calling. Of course, then, the people suffer.
Responsibility is avoided by too many lawyers, who sneak out of any difficulty, by declaring the litigants have not stated all
. The litigants had best give a written document, keeping an exact copy for their protection, otherwise their business may be wretchedly performed by some lawyers.
Of what good account are lawyers, when they get us into more difficultieš than they relieve?
The very practice of pettifogging misleads the mind of all professional men, as lawyers, doctors or parsons. We see it in the lawyer, who affects to be essential in saving cases that will save themselves, but is not to be found in bad cases that he brings forward, after the trial and the fees are procured.
Equity and laws most exact could be at once much oftener embraced by juries in most of cases but for pettifoggers. Can man be his own lawyer ?
He can be competent for a higher profession, that of avoiding litigation on the highest principles. The profession of the law is most sadly perverted. The pettifoggers who fog up justice, affecting to clear when they muddy the streams of justice, are best avoided. How often do they mislead by their advice, and avoid responsibility by collusion of their tribe?
Is society so pregnant with its own evils, that it cannot deliver itself from those of others?
Lawyers do not intend to have a proper responsibility generally. It is part of their creed, it is certainly part of their practice; to avoid all responsibility. When your business is in a train to do itself, then you may expect it done. What can you do with the most of lawyers? If you have important business to transact, do not select without direct reference to known competency and integrity; otherwise avoid those who call themselves your friends.
How many lawyers have neither integrity nor talents ?
The lawyers are more after the clients' money, than after the debtors, too often. Shall justice be in abeyance to the lawyers? There is some legal piracy and felony; beware of them.
There are some lawyers that I should not like to trust my purse, much less my cause. in their hands. With the corrupt, every man has his price. Those of integrity are above suspicion. You certainly do not wish to pay away your living for collections. You must not only have a good cause, but fixed up by right testimony and in the right way.
We seek a higher order of justice than lawyers can give ; that is, principle. Justice should not be reduced to mere quibble, extracted by tricks of sharp lawyers. As to the lawyers in any doubtful case, have the most of them state in writing what they propose to do, and if they cannot be definite, stop all intercourse with them.
Their proceedings may be equivocal, and they may virtually turn against you in the end if necessary, and ascribe their want of success to your not telling them the whole history.
There is but little moral honesty and truth among lawyers, as a class; and it shows the perversion of morals, by perversion of mind.
We should best dispense with lawyers, and trust to the equity of principles and wisdom of right, the least to lawyers unless we can secure their intellectual integrity.
Do not go to a lawyer first by any means to settle your business.
The desire of all intelligent citizens, is to be saved from unprincipled lawyers. All should seek to probe to the bottom in all cases, ere we involve ourselves in lawsuits, or take any step not guaranteed by wisdom, and fortified by virtue and innocence.
On what can the whole world better depend, than on just eternal principles ?
In law people must adopt proper judgment, to obtain satisfactory justice, otherwise the world may get much more than it is entitled thereto.
The sovereign people must do all business right, at once and on the spot.
Not only pay their debts, but protect themselves on their payment by such proof receipts as will evince honesty, save feelings, and preserve friendship.
If clients were as ready to pay their creditors, what they owe them, as their lawyers to help defeat the proper morals of the world, honesty would be better secured. What does the rational and honorable community need of sharp practice and designing intrigues of pettifoggers, to uphold the felony of those designing the worst infractions in law justice, that ought ever to be comprehended in the same high and honorable court, and will be when the people get the ascendency as world sovereigns for the good of society and virtue. What are lawyers that are pettifoggers and churchmen all, but the rankest sophists? What can the world estimate lawyers who suborn perjurers to obtain success in law, to defend outrageous criminals ?
The world is now rapidly preparing for them, and the noble position of our glorious country is proof enough that man is qualified for self-government, the best for his happiness. France has had to contend against great odds, peculiarly situated as she is, amid factions and antagonistic interests. She has advanced on her revolution, being taught by the severest lessons of blood addressed to her for half a century.
She will progress in the great battle of mind and freedom, if her position can be rightly secured amid the mighty antagonism of Europe. The whole of Europe must unite for proper government. She, as the world, must become monotheist, ere the crimes of atheism and polytheism will recede for pure government. Obedience to the instructions of constituents, should point kings to their duty. Who are the constituents of kings but the people, that are best qualified to give correction to every age, to the satisfactory amendment of vicious conduct? They should seek to counteract all the intrigues of government by proper principles, that may fully put down all sinişter means that are introduced to exalt all improper policies.
The purity of the ballot box is a grand constituent, and is never to be perverted by gerrymandering, local, sectional, or any views of corrupt manœuvre, for corrupt judges or legislators, votes or elections, to create a recoil of national evils.
States are to guard against corrupt legislation as a paramount evil. The sovereign people should correct, not palliate any corruption because of party.
The people must necessarily take cognizance of, and direct the right view of government that becomes republican representation, the only true policy of freedomi, just as sure as popular mind rises in the vigor and maturity of manhood. As sure as the sun of our solar system shines, so surely must true popular governments prevail forever.
Many will be the false steps, as much will be the result of unprincipled absolutism advancing all the difficulties vast and numerous in the mazes of sophistry, and the machinations of tyranny, exercising all the delusions, to exclude mind from its true interests. Yet, crushed as mind is, still it will burst its shackles and assert its rights.
It is most important to the world that public opinion be enlightened and just, as all changes for the better even, are accompanied with the means of conservative revolution.
Our great men are too dependent on public opinion, itself dependent on exploded views of past ages, if not enlightened enough to keep in advance of the age, up to it at least, before it if practicable. Why cannot inind properly assert mind's rights and prerogatives, instead of catering to morbid tastes of humanity? It is a disgrace to be behind the essentials of the age.
Mal-administration of government, no matter the name, is very bad, but mal-legislation is the worst.
What boots it to the world, whether in a monarchy, autocracy, or republic, if the proper laws be omitted or violated? When the autocracy commands all emigrants or residents to publish preceding their departure, to satisfy the demands of honest creditors, it excels the republic that overlooks absconding debtors.
No mere partisan elections of mere military chieftains, will advance the true interests of republics.
Choose no man as mere general, and disclaim him from his being a general for civil functions,
Put no candidates for highest offices, especially under pledges, than general principles, else abuses and violations may follow, and the officers of the people become a mockery and corruption.
With nobility, we have violence done to mind and virtue. The laws of nature declare this fact.
Republics have to regard the peculiar faiths of the world, that have rent it for every century of their existence, especially of church and state, as exhibited in the Protestant and Maternal or Roman character. Centuries upon centuries have been disturbed by the bloodiest wars and revolutions of the whole world known at the time.
These are not the results of religion, but the bloody deeds of peculiar faith absolutism. The testimony of affiliated followers decides this for all such.
All are wrong but theirs, and the whole world must be participant thereof. From the most ancient times, through various scenes up to the present, the world must be in abeyance thereto,
The world must look on this republic, that has begun so well, and keep apart politics from state official faith, and all such matters, and have no sectional intrigues for factions to flourish.
Electioneering should not be the order of the day, but on personal merits. It is the duty of citizens to seek modest statesmen. All virtuous citizens should exercise the noblest of all rights and privileges, the elective franchise, in its purity, with proper and correct judgment.
The popular protection is a sacred feature in such institutions. Freedom is asserting her own in establishing the homestead exemption, whereby all destitute families; proprietors, secure a residence free from execution. The whole world must do this. In sustaining the poor independently, the greatest amount of public virtue accrues. The corrupting influences in elections, by drinking and treating, ought to be counteracted by the conservative body of citizens, who should positively vote against the advocates of all such corruption, as directly seeking to bribe the people.
How often is it that candidates have their vices thrown up to them, thereby reflecting the merits of a constitutional government. The severest penalties within the limits of justice should be instituted against all that violate the inestimable benefit of the elective franchise. Its highest purity should be preserved.
Observers can see how far candidates can cater for favoritism, by double dealing. What shall be done against the odious vices of electioneering? How often is it that the manly character, scorning to be the demagogue and sycophant, are foiled in office before the people? Man has to go to executive office candidates to learn the devices of human nature. Some study intrigue and baseness all their life, and never tell the truth, unless to their interest.
We must have all elections official by the people, without gerrymandering, or any such political intrigue, to fix office dynasties throughout the state, an official tyranny and oppression.