COEEIE'8 CASE.—2 BLAND. 469

without a suit. But it would be idle to act at all, if it should
clearly appear, that the action of the Chancellor could be of no
avail; and therefore, it will he proper to consider the nature of the
Chancellor's authority in relation to the guardianship of infants;
and the principles of international courtesy upon which an appoint-
ment of a guardian to an infant made in one nation, maybe recog-
nized in all others.

This petition asks tor the appointment of a guardian to eight
infants, of different ages and sexes; and consequently, it may be
well, before we proceed with the principal matter, to make some
observations as to the nature of that incapacity, for which it is
here proposed to provide by the appointment of a guardian.

There are two kinds of personal incapacity; the one natural, and
the other artificial; or first, that which arises from bodily or men-
tal defect; and secondly, that which is declared by positive law.
Of the first kind, is that of lunacy. A lunatic is every where held
to be incompetent to contract in any way whatever, by reason of
his mental dei'ect, Ex parte. Lewis, 1 Ves. 298; Ex parte Annandale,
Amb. 80; Ex parte Gillam. 2 Ves. Jun. 587; and because of incur-
able impotence, arising from injury, or malconformation, a person
is every where held to be incompetent to contract marriage; which
requires a bodily as well as a mental ability so to contract. Sa-
bell's Case, Dyer, 179; Bury's Case, 5 Co. 99: Guest v. Shipley, 4
Eccles. Rep. 548. Of the second kind of personal incapacity, is
that of a married woman, whose incapacity (regarding the mere
bond by which the parties are bound together as husband and
wife, as that alone which is recognized by the law *of na-
tions as being every where alike obligatory,) is in each 491

self. And it is hereby declared the intent of this decree, to give to the said
James Ross, authority to act as guardian in no other respect whatever.

Some doubts have arisen, and objections having been made as to the extent
of the authority of the guardian under this order, the matter was again
brought before the Court.

HANSON, C., S6th June, 1805.—The Chancellor having heretofore passed an
order, authorizing James Boss, the father of Oliver Bond Ross, to superin-
tend and manage certain shares and interest of the said Oliver B. Ross, in
the Union Bank of Maryland, and of paying the said bank, or receiving
from it money for the said Oliver B. Ross: and of acting in the premises, to
all intents and purposes, as the said Oliver, if of full age, might act for him-
self: and doubts being, as is stated, entertained as to the extent of the
authority of the said James Ross; it is hereby adjudged and Ordered, that
the said James Ross be, and he is hereby authorized to sell and transfer the
said shares, or any of them, in the same manner, as if the said shares be-
longed to himself; and in all respects, relative to the said shares and inte-
rest, to act for the said Oliver Bond Ross, as the said Oliver, if of full age,
might act for himself. (Such guardians now required to give security, &c.
1816, ch. 203, s. 1.)