Weekly Indiana State sentinel. [volume] (Indianapolis [Ind.]) 1853-1861, 1856-12-04


the West, so tina il be fermentation which
promises better. purer state, than Chinese
peace and stagnation." See on this point Her
man VS. The State Am. L. Reg. 344
The natural rights Of which we have spoken,
let it be observed, are lot rights of vagrancy ;
but they inhere in man as a necessity of his
nature they belong to him because he is a
man, and because he would not exist as such
without their exercise Life was the gift of his
Creator, but life il not in man, selfsustaning ;
it must be prolonged by nourishment and protec-
lion of the body. Hence, man must have food and
clothing. The demand Of nature is absolute
God has given him the earth and the abundance
thereof whereby to supply this necessity and
limbs, and intellect, ingenuity, by the use of
which food and raiment, property, may be OBJ.
tanned, upon and out of this earth, and in no
other manner-these are the gifts and necessi-
ties of nature, and belong to man as man. God
has also made man moral being accountable
directly to Him in respect to their mutual rela-
tions. Hence, no human authority can step be-
tween this accountability and mans Maker,
and final Judge and, hence, mans natural
necessary right duty, even, to worship his
Maker in such a manner as he will be willing
to be accountable for. The race Of man is per-
petuated by communion of the sexes, and
parental care Of offspring. The sexes are about
equal in number. Every man therefore has the
natural right to one wife and no more-mon-
ogamy is the law of nature. We thus dis
cover that the idea Of unlimited sovereignty in
one man or any number of men over another is
unjust, unreasonable, violative of his moral
nature, unwarrantable tyranny. In this man.
ner are mans natural rights ascefained, de.
fined, limited, rendered as certain any other
facts. AS to some of them most publicists are
now agreed. Others are to be determined. As
by Lieber, in his work on Political
Ethics, these rights are, substantially Life;
2 Personal Liberty Free Agency a Resist
apce to oppression 5 Trial by law before Con-
demnation Right of Utserance. Communion,
Speaking and Writing; Reputation 8 Sc
.nrity of Person, Family, &C.; 9 Freedom Of
Conscience, Worship, dc; 10 Property, inclu-
ding Commerce. Traffic, he insists, is nec-
essary right, exercised, according to history,
from the origin of society, growing indispens-
ably out Of the necessary division Of labor
is one OF the most lawful, necessary
and natural means Of acquisition, founded in
the variety of soil, cline, genius Of people,
agents Of nature, &C., and one Of the first and
most effective means of civilization. Exchange
lies in the great order of things :" see. also, LIST
vol. fuckers Life of jefferson, p. p. So, SO ;
and would alone warrant another primordial
right, viz: ii That Of locomotion. going where
one desires. Vol. l, p. 1872, ct Seq. of Lieber
But notwithstanding the legislature cannot
prohibit, it may regulate, the exercise of natu-
raj rights, and all pursuits and practices OF its
citizens. We do not propose to elaborate this
branch of the subject at length, but lay down
the following propositions rs expressing the re-
suit of our reflections upon it.
l. No man has right to pursue business
or practice nahum in Sc, entirely evil In itself
Example: The manufacture and sale Of coun-
apparatusand counterfeit money
These articles are not and cannot be supplied
to the public to meet any want, or for any
useful purpose They are made with the sole
intent of cheating and defrauding. So the
practices of gaming, drawing lotteries, DC, are
no reasonable modes of exchange on equivalent
but tricks to cheat the unwary.
q The Legislature may prohibit such pur-
suits aud practices.
g. Every man has right to pursue any and
every business or practice not evil in itself,
lies, even, of community invite to. Lieber,
vol. 1, p. p. 159, l60. And,
4. The legislature cannot absolutely prohibit
such pursuit. This must be admitted or il
must be admitted that all pursuits are at the
sufferance of the legislature-jhe doctrine in
England, where there is no constitution, and
of late case in Delaware, the State VS. All
mond, which ignores the bill Of rights and con-
of that State. following as il does, TO
the fullest extent, Blackstone's idea of liberty
under the British government. A. L. Register,
vol. A, p. 533. But.
5. No man in the prosecution of his lawful
business or practice has a right Intentionally
or carelessly to annoy or iDjure another. And,
hence,
6. The Legislature has right to establish
reasonable regulations in relation to such bust
ness or practice calculated to prevent the &C.
currence of such injury. The exercise of this
right is analogous to requiring security for good
keeping the peace.
These regulations may relate:
/. To time. Examples: Preventing rail-
road trains, coming from any infected point,
entering any other inhabited place-prevent-
ing the running of trains on Sunday, &c.-sus-
pending the exercise of any and every right
during temporary emergencies in war and re-
bellion as In the case of the writ of habeas
corpus
2. To place. Examples: Auction sales I'M
der the windows of a church in time of service.
Sales of liquor near the ground Of camp.
meeting-offensive trades, such as slaughtering
DC, in cities, DC, and stor-
ing, and building of, combustible materials
where they would endanger the security of
life and property of others, without fault ON
heir part.
We say without fault on their part, for it is
well settled principle of common and maritime
Jaw that person cannot complain of an injury
hat his own fault iLficts. And with poor
grace would it be asked that the running of
and cars should be entirely prohib-
ted because some persons might be foolish
enough to place themselves upon the road track
and be run over or that the use of ropes should
be prohibited because hypochondriacs and those
in business or love, might occa-
'ionally hang themselves by them
3. To manner, occasion, &c. Rapid driving
through the streets of a crowded city-sales or
yifts knowingly made of dangerous articles, to
unatics, drunken men, idiots, minors, &C., be-
ng persons incompetent to properly use them,
md likely to use them to others injury,
Says Lieber, Pol. Eth. vol. p. 800:
at is not said that utterance, though neces-
,ary for me in my character of man, may not
De regulated or suspended. Though l have as
nan the indisputa6le right of utterance, have
lot the right to use it everywhere and on all
occasions So does my right of lecomotion not
,utitle me to go where choose, into my neigh
,or's field, closet, DC. / am not allowed tor
peak loud in a church, in deliberative assem-
'ly."
Usury laws are another instance Of regulation.
9 But all these are exceptions, as by way of
reception. the police may examine my rooms
whether ventilate them properly in times of a
,enersl infection" Lieber Generally, in these
ases it is for the Judiciary, in the last resort to
Judge Of the consistency Of regulations made
" the State or cities with the constitutional
lights of the citizens. Trades and practices
must be tolerated so far as properly used they
nay be restrained at the point where they be-
i'm to be abused. Public policy encourages trade,
nd incites to inventions, leading to new pur-
uits, by rewarding the successful. Contracts
n general restraint of trade arc void at COM
non law, as are contracts in full restraint of
marriage. though partial and reasonable re-
traints in relation to both subjects are valid
Beard ct. al. VS. Denis, 6 Ind. 900. A contract
10, to marry particular person is good, but
ontract not to marry at all is void. Chit. Cont
II. Marriage, no doubt. may be made the sub
ect Of regulation by qualified restrictions, under
ertain circumstances, but under no circumstan-
es whatever ought general and entire restric-
ion of it to be countenanced and sanctioned by
aw" Middleton VS. Rice, 6 Pa. L. Journ. 246.
quoted on p. 399 top paging) of Williams on
'ersonal Property.
Bylaws of cities in restraint of trade, are,
vhen u,reasonahie Void An1 md An On