If a person's mental capacity to make reasonable contracts be drawn in question, that is a question of fact, to be ascertained by the same tribunal that is to ascertain all the other facts involved in the case.
Spooner states that questions of mental capacity in contracts should be determined by factual evidence.
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They neither ask, nor expect, any mercy, if they should ever fall into the hands of honest men.
They do not attempt to deceive us, or mislead us, or reconcile us to their doings, by any such pretences, impostures, or insults as these.
On the contrary, they acknowledge themselves robbers, murderers, and villains, pure and simple.
They do not tell us of the almshouses, hospitals, schools, churches, etc., which, out of the purest charity and benevolence, they maintain for our benefit, out of the money they take from us.