IV.

Testators should not, from the snug security of the grave, utter a

perpetual threat of disinheritance or any other uncomfortable fate to

deter an American citizen, even one of his own legatees, from applying

to the courts of his country for redress of any wrong from which he

might consider himself as suffering. The courts of law ought to be open

to any one conceiving himself a victim of injustice, and it should be

unlawful to abridge the right of complaint by making its exercise more

hazardous than it naturally is. Doubtless the contesting of wills is

a nuisance, generally speaking, the contestant conspicuously devoid of

moral worth and the verdict singularly unrighteous; but as long as

some testators really _are_ daft, or subject to interested suasion, or

wantonly sinful, they should be denied the power to stifle dissent by

fining the luckless dissenter. The dead have too much to say in this

world at the best, and it is monstrous and intolerable tyranny for them

to stand at the door of the Temple of Justice to drive away the suitors

that themselves have made.

Obedience to the commands of the dead should be conditional upon their

good behavior, and it is not good behavior to set up a censure of

actions at law among the living. If our courts are not competent to

say what actions are proper to be brought and what are unfit to be

entertained let us improve them until they are competent, or abolish

them altogether and resort to the mild and humane arbitrament of the

dice. But while courts have the civility to exist they should refuse

to surrender any part of their duties and responsibilities to such

exceedingly private persons as those under six feet of earth, or sealed

up in habitations of hewn stone. Persons no longer affectible by human

events should be denied a voice in determining the character and trend

of them. Respect for the wishes of the dead is a tender and beautiful

sentiment, certainly. Unfortunately, it can not be ascertained that

they have any wishes. What commonly go by that name are wishes once

entertained by living persons who are now dead, and who in dying

renounced them, along with everything else. Like those who entertained

them, the wishes are no longer in existence. "The wishes of the dead,"

therefore, are not wishes, and are not of the dead. Why they should

have anything more than a sentimental influence upon those still in the

flesh, and be a factor to be reckoned with in the practical affairs

of the super-graminous world, is a question to which the merely human

understanding can find no answer, and it must be referred to the

lawyers. When "from the tombs a doleful sound" is vented, and "thine ear"

is invited to "attend the cry," an intelligent forethought will suggest

that you inquire if it is anything about property. If so pass on--that

is no sacred spot.

The Shadow On The Dial, and Other Essays 1909 · 第 33 / 67 题