“Yes.”
“Both law and justice are against you, Mr. Cornelius.”
“I am not here to learn what justice is, justice in the abstract, Mr. Didimus; I might travel far and not find it. Positive justice, the positive rules of the legislator, the justice of the law is that with which we have to do. There is no natural right to property. Property is a creature of the law. With one, it is just that the eldest born should take all; and with another, it is just that the succession should be equally divided between sons and daughters. Here, the youngest claims the largest portion; and there, the female is preferred to the male. Positive rules, the wisdom of many wise men, of many generations, do, with every people, both make and unmake the right and the wrong. The law is justice, and I ask what the law awards me. If the law gives to the wife a tacit mortgage to secure her paraphernal rights, the law also gives to me a judgment mortgage to recover my rights of contract. She must show a valid marriage; I must show registration. We stand upon the same platform; and if I prevail, it is because the law is with me. No injustice is done, Mr. Didimus. The widow cannot have what is not here; thank God, no injustice is done.” And the rich man, as he closed his defense, stretched out his hands clutchingly toward me, as if to take possession of the large sum of money which seemed passing beyond his grasp.
“Supposing all that you have advanced to be true, Mr. Cornelius; yet, as the widow in the case under consideration, married and cohabited with her late husband in entire ignorance of the fraud which had been practiced upon her, the law, both in letter and spirit protects her; and I must respectfully decline any further action in the matter.”
Mr. Cornelius bid me good morning.
——
SECTION III.
Some few weeks subsequent to the interview just related, a lady habited in deep mourning called upon me, and put a large bundle of papers into my hands. It was the widow; and the papers were a statement of her husband’s succession, much of his correspondence, evidences of her claim, and the usual copies, which had been served upon her, of a process which Mr. Cornelius had instituted under the advice of counsel more pliant, or wiser than myself.
“I know something of this already,” said I, after having hastily glanced over the contents of the package.
“Indeed, then I am unfortunate, for you are retained upon the other side,” said the lady.