New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1845-08-22
wE..ays on Human Rights and their Politics al

Guarantees, By z. p HuRLsUr Counselor AZ Law ;hi.
day published by Greeley McElrsih Tribune OEce l5s
Nassau-s,reet Price 50 cents
CONTENTS.
Cs,yrrR 1.-THE ORIGIN or HUMAN RIGHTS r gb..
not created by The aw-it cannot prescribe duty
declare night except IN cOn-ouance win the Nslrsl
LassThe is~ ought 10 be- merely decarsorv u Ssfur-
al Rights and Wroug--The Necessity ~ Mental Phi
PhrenOiOgy adopted a. he true Philosophy Of nd-Mr
Benihsm'- error in denying Natural Rgia. Theory Of
Human Rights based on ne innate powers and DISPOSE
tons Of the Mnd-Tne fundamental Rights Of man are
the Right % EXi ence ana th- Right Happiness -Th-
Argument sia'ed,Ine Naiura DePravity Of Msn denied
The faculties Of Mankind considered in reference The
Social siateIbe Argument RI qh % live Ia Society In
f-rred.-And .uch being he rsti Of mankind the sa,e
cannot reone the surrender Of any Natural Rights from
CHAR L-THETRUE FUNCTION OF GOVERNMENT
-Covernmen Is thing of Mora Necessity. arising from
Inferior Intellectual and Mora Orgsnz afOns iu portion
OF Mankind-The doctrine Of Equality cOn-idered-Wha
degree OF moral Restraint may be imposed by Govern
mrnt-A good man needs 10 coercion from The law-Ihe
true idee Of Civil LDeryThe adaptation OF The Laws %
The Constitution of M. Human AiD The Law ought to be-
general, equal, and iniparlaL-PnvIeses al war win
ghi--Ibe usurpation aud Injustice OF Special Legs
CH4P III-THE CONSTITUTION or GOVERNMENT
The people a. Sovereign by The Constitution delegate
The power Of government 10 their representatives or
ssersln pure Denocfsey there Is DO Necessity FORE
written Constitution --ke.rlns FOR wrilsn Constitution
Representative Co efnlnenL-Ihe Orce Of the Con
sfuuOn-liis not ireyocauIe-Dut may be altered
changed At the pleasure Of the majority o the people
The people cannot bind themselves irevocahy 10 ans
form Of Government Ornode OF admin sfafon.Tbe dis
tDuon Of he powers Of Government by The Constitution
appointment of OF GERS Their choice By The people
reflections upon American limitations Of The Brush
Constitution.
PROHIBITIONS The tendency Of Government io over
fcLNeces Of guarantees against he expressions OF
the >faicThe CONSTITUTION ought o be- reglee with pro
hbiions upon STATE authority ecton- ~ me phil-e
o.Ogy Of some Ofne present prohhtionsl hose ~lef-
sied and reasons Tor m0re.-Tne Rights 81 Man require
that lie leadiug principles Of Criminal jurisprudence
should be- settled in the fundamental law Il The ei,-
The SAFE take vengeance upon pr-oner-lica can
only restrain criminal from doing further wrong lr-
orr ofcrim nal restraint and treatment briefly stated The
right 10 nfct the punishment Of death denied Infringe
ineus upon the Rights Opinion be- guarded against
by the Constitution Religious Liberty not well secured
fv the American Cousiiuuons-The observance Of sun
dsv rn1,arrI,i-ernent of tl.. Clergy.
cgay. V'~CoTsTiTUTloNAL LIMITATIONS COZ.
TINUED.- Public Debl-1he Constitution OF Stale
ought guard against an unjust pubic debt by limiting
the legitimate expenses Of State except for these tie
maioriiy cannot bind The mnorty-The Peoples Res
acknowledgements action upon In the , ate of New
York.-The light Of Eminent Domain-Ihe necessity Of
defining the lmts Of lie eXerciseLaws affecting ne re-
guslon of Debtor and Credilor- Proposed reforms 10
the New-lOrk Constitution.
CHAP yI.-THE ELECTIVE FRANCHIsE.-The bias Of
popular Sufage-The proper relation Of the individual
10 the Saie.ReieciiOns on The constitutional frov
sons Of Ncw-York relative 10 the Elective Franchise
Qualifications Of an Eecor-The Property Oga.ihca'ion
What persons not voe.-Reasons iof and against
the Exercise ofihe Elective Franchise by Nomen-Con-
Cap VIil-RiGHrs FAfANATING FROM THE SIN
TiMENT ANDAFFECTIONs-Ihe natural rgti o. sell
Defence -Appealio Society for redress OF Nrongs-Nel
Their society nor aundvidual may lake vengeance for
Wrong-Bui The state j. bound 10 mete ont Justice In al.
cases-and wr1n. 20 the Sentiments and Affections de-
ma1d remedies which moi now provided by ne laws.
The present remedies by ahofding only pecunary
compense are impIoper-inJuncs 10 NE sentiments ana
Affections arising from SANDER, libel seduction and adu
terry ought 10 be treated a. Criminal oienceslf not,
selfredress-The duel can only DE avoided by treating
tue wrong. oui Of which u arises criminal offences
Guar VIIf-THF RIGHTS OF WOMAN.-The equality
THE Sexes IN the eye Of Jnsice-Eights know no Dis
toclon Of sexThe Rights Of Womsn inferred from her
mental cOnsiutOn-Tle notion OF Marriage beng civil
contract reu'ed.The absurdy and Justice Of th- idea
Of Common Law.--Who may contract Muuage.-Second
Mariages.Ile right of Divorce-Ih test IN cases OF
Divorce should be- he moral fitness for marriage of the
party complained aeans--Diyorce ought 10 be total in
all ca-es-Mauiage d sacred natural ordinance and
he creature Of the Law.The relation OF Husband and
VIE under the Common Law.-Obecuons against the
legal anphiaion OF The Wie-The ioss ofmoral dignity
fhe Wife under the Common Lsw-And the sacrifice Of
her rights of person and property.
CHAP MITE RIGHT or PROPERTY AND ITS
MORAL RELATIONSHIP origin of this rghL-The
Of Property innate IN man, and IS shared by m
in common with some OF the animal trbes-bui when
guided by the human intellect and acting under The inn
pulse 81 ne sentiments proper 10 man rises 7" s'ea
dignity ami impOrianceThe natural right of Property
The views Of Farons writers ON ms subject CONSIDERED
Mans true relation 10 Properly ana NeaiL-Iht
abuse of Wealih-DiveTsy of human faculties M refer
cnce the acquisition Of PrOpeTly-lneqnaly Of Mems
Estates the result of their mental cOnsuuon.-Ihe laws
ought interfere Ia rctard or benefit any man 10 ile
acquisition OF WealihThey only protect tins acql
.tious The evil OF Coru1rfions Credit Sss-
iems-Naures Credit Systom.-Specuafion and Paper
Money-Laws affecting Trade and Business.-Right Of
Eminent Domain and it, proper limitation
CUR X.--INTELLECTUAL PROPERTY.-The natural
Rieht Of an Author 10 exclusive and perpetual property
his cOpv-This righi is surrendered by publication
The old Common Law acknowledged and protected this
right pnions of Mansfield. Blackstone au' the great
English Judges this suhiect-IhIs night ~ Common
Law impaired by the Statute OF Ann But this can
not effect the question in ms Counuy-ln the Stae OF
New-York the Common Law j. adopted by the Constiu-
ionand by the night Of Al author 10 exclusive and per
pelual property in biz Copy ought % be upheld, without
reference the Of Congress.FOrein Authors ought
be protected against The piracy Of their works By Amer
lean Publishers