SECTION II.

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It was many years subsequent to the period at which Mr. Cornelius found it for his interest to retire a second time from the work-shop, and to devote himself exclusively to the management of his increasing rent-roll, and frequent investments in real property, and when, with the eighty thousand dollars of debt lifted from his shoulders, he stood erect, mighty in wealth, that he one day entered my office, and tendered me a counselor’s fee.

Mr. Cornelius and myself were strangers to each other. I had occupied chambers in one of his houses for the past five years, but his collector arranged with me the terms of my lease, and received the quarterly rent; and as my landlord was faithful to his own interests, and as I was equally faithful to mine, no incident had transpired, growing out of our relations, to bring us together.

“I have for some time been a tenant of yours, Mr. Cornelius,” said I, handing the gentleman a chair; “and I suppose that I may attribute this visit to a worthy desire on your part to become acquainted with one who, thus far, has exhibited no sign of an intention to quit.”

“I am too old a man to wish for new acquaintances, Mr. Didimus; and had you referred my call to a knowledge of your reputation for attention to business, and a want of your professional services, you would have come much nearer the truth.”

I thanked him, both for the compliment and his confidence; and requested a statement of his case.

“Time is money,” said Mr. Cornelius; “and a few words shall not long detain either of us. In October last, a Mr. Andrews died; my debtor to the amount of twenty-five thousand dollars. The debt is secured by mortgage upon his house; but his widow comes in for twice the sum, in virtue of her paraphernal rights, and as her claim is older than mine, it will sweep away all, unless I can show that the marriage was void in law.”

“In what respect, Mr. Cornelius?”

“Andrews had a wife living at the time of his second marriage.”

“Had the second wife any knowledge of the fact before her cohabitation with the deceased, or at any period thereafter, prior to the springing of her claim, with the simultaneous mortgage which the law gives to married women and minors as their best security?”

“Perhaps not.”

“How much does the second wife claim?”

“Fifty thousand dollars.”

“What is the value of the succession?”

“The house may be worth twenty; and the house is all.”

“If you succeed, the widow is a beggar?”

“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.

——

                                                                                                                                                                                                                                                                                                           

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