New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1845-11-07
ESSAYS on Human Rights and their p official


Guarantees, 81 p HusLBuT, Counselor at Law, this
day published By Greeley McErah Tribune Office, l5S
Nassau-sueeL Price 50 cents.
CONTENTS.
CHAPTER 1.-THE ORIGIN OF HUMAN RIGHTS. Rights
created the lawt cannot prescribe duty or
Laws-The ought merely declaTs;ory OF Naiu!
al Rights and WroEgs.-The necessity OF Mental PM
losophv 20 a proper understanding Of Human Rights-
Phrenoogy adopted as the true Philosophy Of Mlnd-Ar
Beuhan's error in denying Natural Rghis.-Iheory ~
Human Rights based on the innate powers and DISPOSE
tons OF the Mind.-T-c fundamental Rights OF man are
the Right 20 Existence ana the Right 10 Happiness
Argument saiedThe Natural Deprayiiy oil Man denied
The faculties OF Mankind considered in reference 10 me
Social SaieThe ArguneuL-Rght live IN Society IN
frrred-And such being the right mankind the State
cannot require the surrender OF Natural Rights from
Guar 1.-THE TRUE FUNCTIoNoF GOVERNMENT.
Government. thing OF Moral Necessitv from
inferior intellectual! and Moral organizations portion
OF Mlnhind.-The doctrine OF Equality cons.4rred.Whst
degree OF moral restraint may be imposed by Covert
ment-A good man needs no coercion from the aw-The
true idea of Civil LibertyThe adaptation OF the Laws
The Constitution of the Human M!ndThe law TO be
general, equal ana impartal.-Pnvi!eses a; war with
Rghts-The usurpatior and injustice o: Special Lessla-
ton.
The people Sovereign by the Constitution delegate
the power OF government TO their representatives. or
aCenlsln pure Democracy there is no necessity fora
written Constitution Reasons tor written Constitution
in Representative Government-The Office oi the Con-
siiiuiion-lts no, irrevocabIe-bui may be altered
changed the pleasure OF the majority OF the people
The people bind themselves irrevocabiy 10 any
form Of Government ornode OF admnistraton-Ibc dis
tbution OF the powers @! Government by te CONSTITUTION
Appointment OF oticers-Thelr choice by the people.
Reflections upon American limitations OF the British
Constitution.
Guar. UNCONSTITUTIONAL LIMITATIONS AND
PROIIBITIONS.-Th tendency of Governmental over
acL-Necessy Of guarantees against the expressions OF
the Satc-The Constitution ugh be replete with pro-
hbitons upon State neutrality-suspicious. 20 the phrase
oogy OF some oiihc present prohibitions enuner
ated and loT moreThe Rights OF Man require
that the leading principles OF Criminal Jurisprudence
should be settled in the fundamental law OF the State
The Sate take vengeance upon prisOrer-t can
only restrain criminal from doing further wrong.-The-
ory ofcrimina restraint and treatment briefly stated The
right 10 infc the punishment OF death denied = Infringe
mens upon The Rights OF opinion 10 be guarded against
by the Constitution Religious Lbertyis not well secured
by the American Constiuons-The observance OF sun
observation-disclosures OF the Clergy.
CnAf: UNCONSTITUTIONAL LIMITATIONS CON
TINUED-Pubic DebL-The Constitution OF State
ought guard against unjust public debt by limiting
the Expenditures OF State to its necessities are
the legitimate expenses OF Stae- Except for these the
majority cannot bind the mnority.-The Peoples Res
MISUNDERSTANDING action upon in the State of New.
York-The right OF Emnen: Domain-The necessity OF
defining tie limits of its exercisc-aws affecting the re-
gulaion of Debtor and Credilor-Proposed reforms 10
the Newfotk Constitution.
CHAR. vI.-THE ELECTIVE FRANCHISE.-The bins of
popular SuiraEe-Thc proper relation oi the ndivldua!
man to the Sae.-Refectonso the Constitutional Provi
sons OF NewYcrk relative TO the Elective Franchise
Qualifications OF an Eecor-The Property Qualification
What persons may not voe?-Reasons Tor and asahsI
the Exercise ofhe Elective Franchise by Women-Ccn-
CHAR. ViI.ERIGHTS EMANATING FROM THE SENTI-
MENTS AND AFFECTlONS.-The natural right OF Sell
DeenceAppealIo Society for redress oil rongs--Ne
Their Society anintividua may take vengeance Tor
Wrong-But the State Is bound 10 nete out Justice IN al
cases-aud the Sentiments and Affections de-
mand remedies which not now provided by the laws'
The present remedies By aiordng only pecunary re,
compense are mproper.-nuries 10 the Sentiments aud
Affections arising from SANDER libel, seduction and adu-
tery &c ought TO be treated Criminal otenceslnot,
the parties injured will with inpuny to vdictve
charlottesville duel only be avoided by treating
the wrongs of which IL arises as crimlna! offences
CHAP. VllI-THE RIGHTS OF WOMAN-The equality
r of the in the eye OF Jusce-ights know no dis
,ncton of SeXThe Rights of Woman inferred from her
mental constution.-The notion of Marriage being civil
contract reiued-The absurdty aud injustice Of this idea
of Common Law.-Who may contract Marrage.-Secohu
Marrages-The right of Divorce-The test IN cases OF
Divorce should he the moral fitness for marriage OF e
pnrty complained aganst-Divorce ought 10 be total in
al cases-Marriagc sacred natural ORDINANCES ana not
The creature OF he Law-The relation o Husband ana
Wife under the Common Law.mO3Jecnons n"llnst tue
legal annihaton oil the Nue.-The loss OF moral dignity
o: the Wife under the Common Law-And the sacrifice OF
her rights OF person aud property n,,,,v ,>,, ,,c
CHAP. X-TdE RIGHT OF PROPERTY AND LIS
MORAL RELATIONSHIP origin OF this right-The
OF Properly is innate in man. and shared ny r
in common Will of the animal trbes-tu when
guided By the human intellect and acting under the I'M
pulse OF the sentiments proper 10 man. Uses 10 great
dignity and imporiancc-The natural right OF Property
The views of various writers this subject considered
Mans true relation 10 Property and Wealth-Ihe
abuse of Wealth Diversity of hulan faculties in refer
ence to the acquisition of Property-lneqnaity OF Mems
Estates result of their mental consliuonThe laws
ought interfere retard or benefit any man III the
acquisition of Wealh-They only protect this acqui
silions-The evil of Observation-Disclosures Credit Sys
lems-Naure's Credit Sysem.-Speculalion and PAPER
Eminent Domain and lis proper limitation
CHAR X-INTELLECTUAL PROPERTY.-Thc natural
Right of an Author exclusive and perpetual property in
his copy-Ths right surrendered by Publication
Thu. Old Common Law acknowledged and protected this
rish--Opnions of Mansfield, Blackstone, and the great
English Judges this subject-This night ut Common
Law impaired by the Sn'ute oil Ann-but ms can
not effect the question in this Counlryln the State OF
New the Common Law il adopted by the Constiiu
onand by II the right of an author 10 exclusive ana per
pc,ual properly in his Copy ought be upheld without
reference 10 the of CouTess.-Foregn Authors ought
be protected against the piracy OF their works by A
lean Publishers. auZl eodu