It may be mentioned, in this connection, that the rules that
prevail, that every man is entitled to freedom from parental
authority at twenty-one years of age, and no one before that age,
are of the same class of absurdities with those that have been
mentioned. The only ground on which a parent is ever entitled to
exercise authority over his child, is that the child is incapable
of taking reasonable care of himself. The child would be entitled
to his freedom from his birth, if he were at that time capable of
taking reasonable care of himself. Some become capable of taking
care of themselves at an earlier age than others. And whenever
any one becomes capable of taking reasonable care of himself, and
not until then, he is entitled to his freedom, be his age more or
less.
These principles would prevail under the true trial by jury, the
jury being the judges of the capacity of every individual whose
capacity should be called in question.
[2] In contrast to the doctrines of the text, it may be proper to
present more distinctly the doctrines that are maintained by
judges, and that prevail in courts of justice.
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