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Updated: May 29, 2025
The time necessary to comprise a LUCID interval has not, to the best of my belief, been limited by medical writers or legal authorities; it must however comprehend a portion sufficient to satisfy the inquirer, that the individual, whose intellect had been disordered, does not any longer retain any of the symptoms that constituted his malady; and this presumes on the part of the examiner an intimate knowledge of the unfounded prejudices, delusions, or incapacities with which the mind of the party had been affected, and also deliberate and repeated investigations to ascertain that they are wholly effaced.
A despotism, which may tame the savage, will, in so far as it is a despotism, only confirm the slaves in their incapacities. Yet a government under their own control would be entirely unmanageable by them. Their improvement can not come from themselves, but must be superinduced from without.
Persons plundered by privateers during a war with any Popish prince were reimbursed by a levy on the Catholic inhabitants where they lived. All Popish priests celebrating marriages contrary to 12 Geo. I., cap 3, were to be HANGED! The greater part of these incapacities are removed, though many of a very serious and oppressive nature still remain.
As Robert had never testified much predilection for violent exertion, he did not probably much regret the incapacities which exempted him from these active scenes. But his misfortune, or rather its consequences, lowered him in the eyes of a fierce nobility and warlike people.
At the latter end of November, I had remarked that these incapacities were rapidly growing upon him, and in consequence I prevailed on him to sign beforehand all the receipts, &c., which would be wanted at the end of the year; and, afterwards, on my representation, to prevent all disputes, he gave me a regular legal power to sign on his behalf.
The power which they claim, of declaring incapacities, would not be above the just claims of a final judicature, if they had not laid it down as a leading principle, that they had no rule in the exercise of this claim but their own discretion.
11 Moreover, some personal incapacities produce dilatory exceptions, such as those relating to agency, supposing that a party wishes to be represented in an action by a soldier or a woman; for soldiers may not act as attorneys in litigation even on behalf of such near relatives as a father, mother, or wife, not even in virtue of an imperial rescript, though they may attend to their own affairs without committing a breach of discipline.
The bitter way in which a Frenchman always visits his various incapacities whether it be to know something, or to do something, or to be something on the species he belongs to; the way in which he suggests that, had he been consulted on the matter, humanity had been a much more perfect organisation, and able to sustain a great deal more of wickedness without disturbance, is great fun.
Incapacity, declared by whatever authority, stands upon two principles: first, an incapacity arising from the supposed incongruity of two duties in the commonwealth; secondly, an incapacity arising from unfitness by infirmity of nature, or the criminality of conduct. As to the first class of incapacities, they have no hardship annexed to them.
If the new year shall be only the continuation of the faults, the mistakes, and the incapacities prevailing during 1861, then the worst is to be expected. The lowest in moral degradation is an European defending slavery here or in Europe. Such Europeans are far below the condemned criminals.
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