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But when I stated my view to a very eminent English judge the other day, he said, "You are discussing what the law ought to be; as the law is, you must show a right. A man is not liable for negligence unless he is subject to a duty."
As a matter of fact a suit for negligence is generally an inadequate remedy for the person injured, while it often causes altogether disproportionate annoyance to the employer. The law should be made such that the payment for accidents by the employer would be automatic instead of being a matter for lawsuits.
Believers then would learn much sobriety here and submission, knowing that God may dispense his graces as he will, and give them to each member in what measure he thinketh good: only they would take heed, that their poverty and leanness be not occasioned through their own carelessness and negligence, in not plying the means of grace with that faithfulness and single dependence on Christ that they ought.
Hence the steady course of Roman policy, which never receded a step in times of misfortune, and never threw away the favours of fortune by negligence or indifference; whereas the Carthaginians desisted from the struggle when a last effort might perhaps have saved all, and, weary or forgetful of their great national duties, allowed the half-completed building to fall to pieces, only to begin it in a few years anew.
The tempest, though unseen, is ever present; the sea is an ambush. Death is the fit penalty for every fault committed when facing the enemy. There is no fault that can be retrieved. Courage must be rewarded and negligence be punished." These words fell one after the other slowly and gravely, with a certain implacable rhythm, like the strokes of the axe upon an oak-tree.
Any negligence in being much more ceremonious with people than they deserve is not taken as a jest; on the contrary, they look upon it as an insult deliberately offered; so that it becomes necessary for you to satisfy them of your good intentions, if there happens, as I have said, to have been any negligence; and even then, God grant they may believe you.
In point of policy, this zeal was more praise-worthy than English negligence: for such barbarians would certainly have been much easier tamed and civilized by mild instruction than by force of arms.
The lady who superintended the charity-school agreed to breakfast the next morning at Dr. Campbell's, and to go from his house to the school precisely at the hour when the schoolmistress usually set her unfortunate scholars to their extra task of spinning. Forester was astonished at all this; he did not consider that negligence and inhumanity are widely different.
Before I go any further, let me note a circumstance characteristic of the King. Madame la Dauphine went every day to Marly to see him. On the day after the death of Monseigneur she received, not without surprise, easily understood, a hint from Madame de Maintenon. It was to the effect that she should dress herself with some little care, inasmuch as the negligence of her attire displeased the King!
We may also note here that, by the extraordinary negligence of the Prussian negotiator, Marshal Kalckreuth, the subsequent convention as to the evacuation of Prussia by the French troops left open a loophole for its indefinite occupation. Each province or district was to be evacuated when the French requisitions had been satisfied.
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