y,
Arbitrary enough it muft be at any rate, fince the only way in-which 1 it can be exerci~ed is by confidering whether the fhare of intelligence poi~eued by the individual in queftion does or does not come up to the loofe and indeterminate idea which perfons fo appointed may chance to entertàm with refped to the quantity which is deemed fufficient. XLV.
Thelinethenbeingdrawn, or fuppofed to be fo, it is expedient to E a man who cannot, with fa~ety to himfelf, be left in his own power, that he fhould be placed in the power of another. How long then ~ould he remain Ib'? Juft fo long as his inability is fuppofed to continue that is, in the çafe of infancy, till he arrives at' thac period at which the law deems him to be of full age in the cafe of infanity, tinhebeoffbund mind and underftanding. Now it is evident, that this period, in the cafe of infancy, may not arrive for a confiderable time and in the cafe ofinfanity, perhaps never. The duration of the power belonging to this truA muit therefore, in the one cafe, be very confiderable; in the other cafe, indefinite.
XLVI.
The next point to confider, is what may be thé extent of it? ~or as to what cM~ to be, that is a matter to be fettled, not in a general analytiçal fketch, but in a particular and circumftantial differtation. c By pombiHty, then, this. power may poffefs any extent that can be i imagined le may extend to any acts which, phyficaUy fpeaking, it may be in the power ofthe ward to perform himfelf, or be the objeét ofifexercifed by the guardian. Conceive the power, for a moment, to ftand upon this footing the condition. of the ward ftands now exadiyupon a footing with pure H~very. Add the obligation by which the power is turned into a truft thé limits of the power are now very condderably narrowed. What then is the purport of this obligation ? Of what nature is the courfe of conduct it prefcribes? It is fuch a courte of conduit as Iball be beit calculated for procuring to thé ward thé greatef): quantity of happinefs which his facuities, and thé ciTCUm&anees àe is in, will admit of: iaving alv~ays, in thé nrft place, the regard which thé guardian is permitted to fhew to his own happine~, and, in the fecond place, that which he is obliged,