New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1845-08-21

Guarantees. By +. f. HURLBUT, Counsellor at Law ihs
day published by Greeley Mcflrsh, Tribune Once 10
Nassau-slree- Price 10 cents.
CONTENTS
CHAPTER 1.-THE ORIGIN OF HUMAN RIGHTS Rights
created by the aw.It cannot prescribe duty
declare night except IN consonance with the Naurs
Laws-The law ought 10 b- merely decaraory of Na'u
al Rights and WrOngs.-Tne necessity Of Mental Pin
losophy To proper understanding Of Human Rights
Phren0ogy adopted the true Philosophy Of Mind-Mr
Benlhams error IN denying Natural Rights Theory of
Human Rights based on the innate powers and DISPOSE
lions of the VI nd-The fundamental Rights Of man are
the Right to Existence and the Right to Happiness
Argument siaed-The Natural Depraviiy OF Man denied
The faculties Of Mankind considered IN reference Ia The
Social Siate-The Argumeut-kirht 10 live in Society III
ferei-And .uch being the night OF mankind the State
cannot require the surrender Of any Natural Rights from
cnAp n-THETRUE FUNCTION OF GOVERNMENT
Government Is thing of Moral Necessity. arising from
interior Intellectual and MORA organizations In portion
ofMauknd Tie doctrine of Equality considercd-Whai
degree of moral restraint may be imposed by Govern
men a Eood man needs no coercion from ne law-Ih,
idea of Civil LhertvThe adaptation of the Laws
the Constitution ofh- Human Mnd-Ti law ought TO be
s~eeral, equal, and mpartia.-Priyileges al Will
Rightsrhe usurpaon and injustice of Special Legisls
CnAP III-THE CONSTITUTION OF GOVERNMENT
The people as Sovereign by the Constitution delegate
the power of government 10 their representatives. or
agentsln pure Democracy there is no necessity for
written Constitution Reasons for written Constitution
IN Representative GOvemmenL-The Office OF the Con
stiuuon-His not irfe' ocaoe-hui may be altered or
changed a. the pleasure of the majority OF the people
The people cannot bind themselves iTevocahy to any
form OF Government ormode OF sdminsraton-Ibe dis
thuiion Of the powers of Government 10y the Constitution
APPOINTMENT OF Oicer>.-lNcr choice BY the peOpit
Reflections upon American limitations Of The Britsh
COnsi utOn
CUR. W.-CONsTITUTIONAL LIMITATIONS AND
PROHIBITIONS The tendency of Government to over
scL-Necessty Of guarantees against the expressions of
the Saie-The Constitution ought 10 be replee with pro
mhitons upon STATE auihory-ooccuons 10 the phase
oogy Of some oftle present prohibons-These enumer
@ied and reasons for more-The Rights OF Man require
that the leading principles Of Criminal jurisprudence
should be settled in the fundamental law OF the Safe
The Safe cannot take vengeance upon prisoner can
only restrain criminal from doing further wrong The
DRY ofcrmna and treatment briefly stated The
right io inlet the punishment of death denied Infringe
mens upon the Rights Opinion be guarded sgans
by the Constitution. Religious Liberty Is not well secured
by the American Constitutions The observance OF sun
day Acknowledgement ofile Clergy
Guar UNCONSTITUTIONAL LIMITATIONS CON
TINUEp-Puh Debt-The Constitution of State
ought TO guard against an unjust public by limiting
the IN pendiiures of State necessities What
the legitimate expenses OF State p Except for these the
majority cannot bind the minorty-The Peoples Res
oution Legis action upon 10 IN the ale of New
NorkThe rghi OF Eminent Domsin-The necessity Of
defining The limits OF Is eNercise-LaWs Affecting Tue ie
guat of Debtor and Creditor Proposed Performs 10
the N.NN- York Constitution
Guar. NI.-THE ELECTIVE FRANC bias Of
popular SuArage-fhe proper relation OF the individual
man 10 the Reflections the Cgusuui iona Prov
sons of New-Nork relative to The Elective Franchise
Qualifications of an The Property Qualification.
What persons not vote Reasons for and against
the Exercise ofihe Elective Franchise by Women Con
CHsP. VII-RIGHTs EMANATING FROM TUE SEN
TlMENT ANDAFFECTlONs.-rte natural night Of SET
Defence.-ApPeato Society for redress OF fongs-Ne
TIER Society snndiydual may lake vengeance for
Wrongful the state Is bound 10 meIe oni Justice in al
cases-snd 10 the Sentiments and Affections DE-
ma0d remedies which not now provided by me laws
The present remedies by afofdlng only pecunisy re
comperse improper-lnures 10 The >enIue MS and
Affections arising from SANDER Ahei seductoh ana adu
tery &C ought 10 be treated Criminal oaences-lf not
the parties injured vii with mpuniy 10 via dicve
sefredressIhe duel can only be avoided BY treating
h. yyr,nrs ont of which ID arises a. criminal offences
CHAR. VIII THE RIGHTS OF WOMEN The cqlaliN
of the >eNs. I'M The eve of Jus;lce-Righs know dis
uncion Of >eS-The Rights Of Woman inferred from hei
ments coustifuOnIhc notion OF Marriage being clv
Of tpu f.sX, y hD m
Msrnages.-rhe right of Divorce The test IN cases OF
Divorce should be The moral fitness for marriage OF TIE
parly complained againsL-Dlvorce ought 10 be total IN
all cssss.-Msrriagc sacred natural ordinance snd nos
The creature OF The Law.-rhe relation OF Husband snd
Wife under the Common Ltw.-Obeclons az ainsi The
legal annh auon oi the Wse-The los u moral dignity
OF he Wife under the Common Law-And The sacrifice Of
Ca.p. iX.-THE RIGHT or PROPERTY AND ITS
MORAL RELATIONSHIPS orgin OF his rght-Ihe
of Properly innate IN man. sni Is shared by hm
m common " IN some 81 te aniia. Nut, pui nen
guided hy the human intellect. and acting under me in-
pulse Of The sentiments proper 10 man. q nse- % sreH
dignity ami importance-The natural righi of Properly
The views Of various writers this subject considered
Mars true relation 90 Property and Weaith-Inc
abuse OF Nrath-Divefsty OF human iacutes IN leiei-
cnce Ia he acquisition Of Propeuy.lneCuaiiy " Mems
Estates The result Of their mental cousiuonThe laws
ought uoi 10 interfere 10 eisd or benefit any man Ia Tn
acquisition oi Nesih-Th~y only protect ms acqul
slions-Ine e'i OF Corporations -facious Credit Sys-
iems-Nsiurcs Credit system peculafOn and Paper
Noney.-laws affecting Trade and Basness.-Rgm Of
CAR N-INTELLECTCAL PROPERTY-The natural
Right Of an Auho 20 exclusive and perpetual property In
his Tins right = not surrendered by
The old Common Law acknoSlc and protected tid-
right Opinions OF Mansfield. Blackstone and ie .reaf
English Judges h.s sub This righi a Common
Law va. impaired by the Statute Of Ann But thi- can
not effect he question IN this Coun;ryln the >ise ol
New ork The Common Law i adopted by the Con>tu-
uon.ni bv II The rgh Of author % exclusive ana per
p-'ual property = III Copy ought % De upheld. without
reference the act II Congre-st Authors ought
be protected against the piracy Of Ier WORKS ~ Amer
can Publishers
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