New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1846-02-14

- And joyful offerings bring,
And Heavens Eternal King
Pronounce IL good
r.r che Cincinnati Quarterly Journal and Review.
Human Rights
ryr,york before US is just such an one az we de-
Heb, 10 meet 1t is bold in spirit fearless in the pro-
mitigation Of its sentiments, original in thought
,roeressiye in doctrine and forcbe in dicton. The
author did not throw it out in an hour for it bears
evidence of mature elaboration and careful analy-
ala. 1t is one of the books of the age-and though
II NAV not be appreciated al present yet the time is
not distant when it will be duly respected
Its bitter complaint against the American PEG
pls that while they enjoy the theory of government
most consistent with the largest liberty OF the gov
erned yet they have not produced It's true and Sci
enti6c expounder. We are tainted with the dis
reputable sarcasm, that we have not been able to
give the world a respectable textbook of our po
litical theory but have depended ON the genius OF
foreigners who have visited us, for exposition OF
orr principles This rebuke is in part merited-for
though a government founded In nature IL simple
nnd readily understood, In all It's details, by every
true thinker, yet we are blsmable because we nave
no, impressed the world with the simplicity OF po-
litical truth and stripped away the drapery thrown
about the dry skeleton of error. The fact is, we
have ourselves CROPPED in the dark and been 10th TO
believe in the simplicity of political truth We
lane looked upon government as Colossus, and
stood with awe before its tremendous proportions.
Let u.s. then relieve ourselves from this perpexlty,
and begin to regard ourselves as we truly area
free people, obedient 10 a free government-for
though we nre not free in fact as we should be,
yet we have within our power all the means OF be-
coming 30 whenever we shall speak the word.
The founders of our Constitution brought mass
Of philosophy to bear upon their enterprise. They
accomplished surprising amount in remarkably
short space OF time. They overthrow the temple OF
political error, as iiwere, in day, and constructed
fabric worthy the most skilful ingenuity of centu
ries. They astonished tho world and those for
whom they though, and acted, and our reproach is
that, instead Of advancing and improving their phil
osophy, we have not even logically prosecuted their
reasoning to its proper results.
But we hope for better things The author before
MS commences theto long neglected in noble man
ner, and, in part supplies the desideratum. II com
nences al the beginning, and step by step defines
the rights of and the nature Of the government
There are some things 10 which we must except
but the work approaches much more nearly our own
views Of liberty and law. than any other work we
know Of II is more than half way between the
common philosophy and our own.
. Counselor Hurlbut opens his subject by noticing
the lirrle or progress have made since l776 in
the principles of Legislation, and the unstable and
Each session demolishes the handiwork Of it's pre-
decessor, and the whole people are embarrassed by
the change AT the threshold Of this inquiry i'm
portant truth is announced. viz: The duty OF the
legislator Is simply 10 conform to natural truth He
is the mere minister and expositor of Nature Here
10 the secret of our instabiitya want of conforma
tion to natural truth which is immutable and is the
same yesterday, today and forever. The legislator
should seek the truth and proclaim it. What is
truth one session is truth another, and her dictates
should always be obeyed. To discover natural
truth " man must know himself and his true rela-
tons to himself and TO external nature. All truth
becomes natural truth-all rights, natural rights
and all wrongs. natural wrongs" We cannot en-
do-se the last clause of this sentence There be
; no natural wrong. Nature IS harmonious in all her
departments. Wrong is the result of human error
Right Is natural and all nature is right " Our bust
ness Is to perccipe-not TO create Man makes no
good nor evil. He canno. confer rights, nor create
: wrongs" True, our business is to discover ant
not to create truth, but il man does not make evi
nor create wrong, whence do they spring II they
do not originate with man. they cannot be aorogaet
by him
Another important truth advanced is, that tn
law is merely decldratory all natural rights
alwhat other rights are there n II does not create
but enforoes them the right depending not upoi
the law, but the Law upon the right itself" How
Z much foolshuess this simple truth overcomes! Pee
ple have been taught to look 10 the law, not only 70
their rights, but for their very manhood-wherea
they should look above, the law and break from tn
n,eahes Of all enactments which are not declarator
of natural truth-and indeed, what other truth
there but natural
Our suthor most triumphantly confutss the erro
30 agreeable to tyrants that Legislation can max
that wrong which was before right and rice reTsG-
Man has no power by enactment 10 forbid what Ma
ture allow; or oice versa. Every duty ne enjoin
which Nature does enforce is intltcton OF "
- ranny. ',lf it confer right which Nature has no
Dna xyr,fs Nicl
1t confers, and works injustice among men, BY thi
rule the law which gives,o the husband all the good
d of the wife is an outrage. e-.-s-
p. In speaking of the natural conditioned man. an
other great truth is proclaimed, viz The state
civilization is the true nalars condition of the hu
man race" We are almost universally referred {
the savage state for the natural condition of man.
This but link in the great chain Of political
go generally taught The more savage people art
the more unnatural, for all were designed for en-
hghteaed civilization. The Counselor says thar ii
the nursery Of human infancy are betrayed the true
natural desires, emotions and faculties OF all human
beings We need not go back TO the early ages o
the world for the cradle presents as vsth the earl.
IS age OF every nnan-of savage nlau IN the bosom Q
civilized hfe@ Il may oe doubtful about the " nur
sery Of infancy being the place observe the mos
natural condition OF man. Every infant is snfu
eneed in its growth and development, by tho condi
200 OF It's parents, and If they were unnatural il
sneI eondtct. their offspring will be also The sur
sst source Of knowledge on this subject is In the
history OF The best men who live or have lived. Ma
snre Is simplicity, truth and goodness, and he wht
possesses the greatest share Of these attributes
he most natural.
The Counselor calls TO his aid the PRINCIPLES O
phrenology, which he makes his standard Ia es,i
mating the true nature OF man. He pretends to de
rive therefrom two fundamental truths, viz. !, Tha
mankind have one Common nature, which il now
ascertained and well defined. . Tha, this com
mon nature is composed of certain wellknown in
tellectual faculties moral emotions and desires, o.
passions, which are ianats, and spring from III,
very existence Of human being. He need no
have gone to phrenology for these truths for the,
were Of age before bumps had q :" local hasilatioi
and q name" Those faculties. etc. which he deem
essential 10 this discussion. be thus enumerate'
"The desire Of life-she desire OF food-the desr
Of safety-he desire of exclusive property aud pc:
session--the innate love OF the opposite sex--th
faculty TO communicate ideas-,he sentiment OF rev
e.ence and awe--the disposition 10 have faith-t'
wonder-a love of the beautiful and perfect--'
Essays on Human Rights and their Political Guaran
ties By E. P. Eurlbut Counselor at Law in the City
of Ncw.ycrh Greeley g. McElrash, le4s. Price
Eents