CH.  XXXV.]  INFANTS.  '^05

§  1342.  The  jurisdHc!tion,(  thus  asserted,  to  remove  infaat
children  frond  the  custody  of  their  parents,  and  to  superintend
their  education  and' maintenance,  is  admitted  to  he  of  extreme
delicacy,  and  of  no  inconsiderable  embarrassment  and  respon-
sibility. ,  But  it  is  nevertheless  a  jurisdiction  which  seems
indispensable  to  the  sound  morals,  the  good  order,  and  the
just  protection  of  a  civilized  society.  On  a  recent  occasion,
after  it  had  been  acted  upon  in  Chancery  for  one  hundred  and
fifty  years,  it  was  attempted  to  be  brought  into  question,  and
was  resisted,  as  unfounded  in  the  true  principles  of  English
Jurisprudence.  It  was,  however,  confirmed  by  the  House  of.
Lords  with  entire  unanimity;  and  on  that  occasion  was  sus-
tained by  a  weight  of  authority  and  reasoning  rarely  equalled.-^

8  1343.  It  may  not  be  without  use  to  glance  at  some  of
the  leading  considerations  suggested  on  that  occasion.^  The
opposition  to  the  jurisdiction  was  founded  upon  the  right  of
the  father  to  have  the  care  and  custody  of  his  children.  That
right,  in  a  general  sense,  is  not  to  be  disputed.  But  the  true
question  is,"  whether  the  father,  having  that  right,  is  to  be  at
liberty  to  abuse  it.  Why  is  the  parent,  by  law,  ordinarily
intrusted  with  the  care  of  his  children  1  Simply,  because  it  is
generally  Supposed  that  he  will  best  execute  the  trust  reposed
in  him  ;  for  that  it  is  a  trust,  and  of  all  trusts  the  most  sacred,
no  one  can  well  doubt.
