New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1845-10-08

behalf a generous and enthusiastic effort Judge
and ACT
Human Right. aud the Basis Of Popular Gov
eminent.
The AMERICAN REVIEW for this month opens
with an able and searching article ON Mr.. Hurlbuls
Essays ON Human Rights and their Political Guar
antics or. az the Review has it, Human Rights
according to Modern Philosophy We rejoice thst
the country and the Wing party have now PERIOD
cal In which such criticisms may reach the most IN
,eIligent and influential minds Of the age; for while
we cannot agree with all the positions of the writer
and on many points concur in Mr. Hurlbuts concu-
sions when we are not certain about his premises
we still welcome review of it caustic and search
ing as this. 1t will be widely read and pc 1dered
and tend powerfully to disspatc whatever IL false
and establish what is sound in Mr.. Hurlbuts posi-
tons The Review opens as follows;
What is the State This is question which the course
nj events among us is forcing most rapidly decision
Doubtless we are yet State although II may be difficult
10 define IT, Without any analysis Of its real nature we
have Notwithstanding certainly enjoyed the dement, Of
that organization, which to some so exceedingly pam
while 10 others it involves ideas and principles the true
understanding of which calls Tor the exercise oi the high
est powers the mind all the lights of experience and
ali The aid that can be derived from Divine revelation.
Some We say, regard ii very simple affair. Thonss
Paine was one of these and Thomas Dorr and so
Ne the author Of the book which has caed forth these re-
marks To this school would take the liberty OF pre-
senting few SOcratic queries, more for the purpose Of
setting forth difficulties, than with any expec-
tation Of an answer We ask then-what is the State
Has the state any existence Of s own or ia hanew
State with every generation Has the State any
conscience Has the State any religion Is II a moral
agent Has the State any sovereignty ard wherein
does this sovereignty consist Does reside IN law re-
gaded the mind Of the State, separate from the pres
ent volition Of its present masses II IN th0 latter
does 1t reside in the whole population or in part-and
In the whole of that part, IN majority Agan-can
the the State bind itself in other words, can II hind
posierity s IL free limit the law of its own changes,
or has Il In this respect less power than the individual
man regulating his own conduct What IL the origin
of the State From what previous condition does II
arise What is the true of that previous cOndon'
In what does the State get vitality come into
existence Who has the power of making the State.
and where did they get that power H. after the State
10 bern the majority have right 10 rule had they pre-
vous 10 that event and such power create give birth
TO the State to give 1t any particular form without the
consent of the mnorityend so. whence did they get
that right liza msjoriy-then, we ask-a majority OF
what territory. territories What previous power OF
what previous majority shall determine the portion OF
space over which contained majority 10 rule in
other words whence does the State get It's mees and
bounds What is 10 prevent amaorHy OF any part nom
seeding and forming themselves into new state to be
again undivided in the manner, and on the same
prncples by other smaller contained majoriiics Can
such parts be bound to any whole which they did not
personally contribute to constitute on The ground thai
were born Again-s there anything Divine about the
State or any religious sanctions Can the state
educate II what shall 1t teach Has II any code
of moras Has II any science or philosophy, any more
Now the schoo To which we have last referred would
regard all these questions with very asonshcd air
some of them would seem To have no meaning others
would appear absurd for answer. Some would be
regarded utterly inconsistent with themselves or self
tuntrsdcting psradoxes ana some they would perhaps
esteem of such a nature that none but tory, mon.
archis an advocate Of the union of Church and state
or wAsts than ALL some British Wing even
think Of asking DO you inquire what the State say
they. What what be palmer The STATE Is col
lection ofpeopie associated 9ae for TIC protection Of ey
riSAis.H Very well, gcntlemen-We accep, your de
hnton for the present but as we before had but one
word which to range queries you have now pre-
sened us with several more equally suggestive and pro.
hhc in pertinent iuteuogs,orics.
The stats you say. Is a collection ST. We proceed
then to ak How gathered out Of the other OF
mankind and by whose authority collected BY whose
command others excluded II you say, the authori-
ty Of the parts-we inquire aesn-Pats OF what Ntole
Or how sha they determine the parts before they have
the rAole OF which they be parts for surely you
will be utterly Illogical rs To make an effect
namely the whole the result OF the constituting power
of majority that whole-to be antecedeni
of the very power from which il claims its existence
"A proposition strangely absurd that language which
logical by Inherent necessity almost wholly falls to
express IL.
Again suppose the shole to be ascertainod collection
Of people you say. But who reoplcf DO you mean
ali the human beings within certain territory as all
~
Of the State Are persons of eighteen years OF age PEG
PIE Are ignorant men peoples Are womes people ?
Are black men people II some are are not who are
To be excluded ityou say al under certain age all
Who are no, possessed OF sufficient reason and intei
ence then sgainWho is TO determine the age OF dis.
srs,ion or the amount OF intelligence majority of
the ropes But II q not yet ssccrtaised who are people
Who shall vote in settling this question II al then
how be certain that the young and the fools
and the colorci men may not ou,numoer the aged and
the wise. and the white. lfnoi what power back Of the
do Ids h n IA IN "
OF ihcse shal give them suihory thus To decide and
90 IN. ad nfntim.
We have not room TO notice separately the arti-
eles Of the Review the titles of which may or should
he found set forth ia our advertising columns
The Life and Lsbors Of Hugh S. Legare, ilusira
Ted by mezzotin, Portrait. is among the mos, in
tercsting. " Adventures on the Frontiers Of Texas
and Mexico" The Scotch School Of Philosophy and
Criticism Commercial Delusons" STYLE" and
"Lyelrs Tour are articles which we have not vet
found time To read.