PHI LOS 0 P H Y . - Classic Works of Apologetics Online

96 PruperlJ in LIlIlJ.
right of the claimants under both laws of inheritance
is equal; tbough the e.~pediency cf such opposite
rules must necessarily be different.
"The principles we have laid down upon this subject
apparently tend to a conclusion of which a bad
use is apt to be made. As the right of property de-
:pends upon the law of the land, it seems to follow,
that a man has a right to keep and take c'1ery thing,
which the law will allo\v him to keep and take;
which in many cases will authorize the most fiagi.
lious chicanery. H a creditor upon a simple contract
neglect to demand bis debt for six years, the debtor
may refuse to pay it: would it be right therefore to
d1) so, where he is conscious of the justke of the c!ebt ?
H a perso~ who is under l\Venty.one years of" age~
contract a bargain (other than for necessaries) he may
avoid it by p!~ing his minority: but would this
be a fair plea, where the bargain \VaS originally just?
. The distinction to be laken in such cases is this :
J
I ~ With the law, we ackno\\ led~e, resides the disposal
j; of property; so long therefore as we keep within
;'. the design and intention of d:e law, that hw will
Ii justify us, as well in foro ltilJscienti4, as in fore huma1l:J~
whatever be the equity or expediency of the law itself.
But when we convert to one purpose, a rule
or expressicn of la-.v, which is intended for another
purpose; then, we plead in our justification, not the
intention of the la\v, but the words; that is, we
plead a dead letter, whi .:h can signify .~othing; for
words without meaning or intention have no force 01"
effect in justice, much less \Vords taken contrary to the
meaning and intention of the speaker or writer. To
apply this distinction to the examples just now proposed:
in· order to protect men against antiquated
demands~ from which it i!-i not problble they sh~)Uld
have preserved the evidence of their discharge~ the
law prescribes a limited time to certain species of priyate
securities, beyond which, it will not enforce
them, or lend its assistaccc to the recovery of the
debt. H a man be ignorant, or dubious of the jus.