The weekly Ottumwa courier. [volume] (Ottumwa, Iowa) 1857-1872, 1858-04-15
Essays ON Human Rights and
their Political Guarantees.
sY T. p HuRLBERr, COUNSELLOR AT Law, NEW YORK CITY
Reviewed By H 80
NO.. 2.

Having determined the source Of rights, the
Counsellor next inquiries into our wants.
"The first great natural want of man is the so
c,ety of his felloo.nen. The hermit restraints
and perverts his nature" The employment
OF our faculties and the qualification Of our
emotions and desires. demand the general So
ciety Of the race. Man always has been in
society, and he must always continue there
Mans own natural impulses force him into
society and therefore she owes not her origin
to calculation of greater security or increas-
ed facilities for pecuniary gain. "Society
owes not its origin to a sense Of fear or the
love Of money!" Man is incapable Of endur-
ing solitude Every faculty and desire de-
mand society. He cannot otherwise exercise
his natural rights, and it Is absurd to say that
he must surrender any of them in order to live
in the society of his fellow men. ssMan's
whole nature may be gratifed so that the har-
mony Of its powers be not disturbed,-and
government cannot demand the surrender Of
a single right as a condition of mans exis-
tence in the social state. Human legislators
cannot without an Infringement of human
rights, deny to man the beautiful and harmo-
nious exercise OF all his intellectual aid
moral powers, since this exercise is necessary
to human happiness" Tyranny asserts that
man must surrender some rights in order to
enjoy the privileges of society. But this err
confers all rights, and that it is the only busi-
ness Of law to protect them"
Who can rise superior to the laws Of the
Creator, and dictate the surrender Of single
human right? A surrender Of human rights
Who stands up between man and heaven to
receive the dreadful sacrifice? A man? He
dare not as man attempt the rash and wicked
deed. But acknowledgements may swal.
low up all rights! And what is government,
In its very nature, bnt the instrument adopted
by mankind Cor the declaration and defence OF
the rights Of humanity?" Were it not for
what follows on the origin and function of
government, we should be compelled to except
to the doctrine last advanced, that government
is eadopted by man." Government is coeval
with mind and truth. Itprevais in the moral
as well as the natural world. Man is born
into the world subject TO government, and her
laws he 10 bound to obey. There is no aler-
native except disobedience and punishment
He cannot choose a law he would be governed
by, nor make law that is morally binding
upon him. But Mr.. Hnrlbert is relieved from
this criticism by saying, that "goverament
sminates from the moral attributes Of man.
kind." II il is to be understood as emarating
in the same manner from the moral attribute.
Of man a. it does from the bodies Of infinite
space, this is correct, for the origin Of govern.
ment whether Of mind or matter is the same
He says again, sthere is a natural necessity
for government, arising from the disparity
which exists in the powers and faculties Of
the different individuals OF the human family. .
Government is not founded on any such neces.
nty. Government Is order,-ssorder Is thu
first law Of nature" Government would exist
though every individual were perfect and ther.
were no such disparity. But it he means By
government only the employment Of coercivs
msasures and physical restraints, he is correct
but this , not governmsnt--it Is only it,
outward manifestation. He next quotes Vat,
tel with approval, where he says, "If all mer
were always equally wise, just and equitable
The law Of nature vsuld doubtless be snffi.
cient for society,"" We beg 10 say the law ol
nsesrs 10 tbs only Law that can Justly b. obey.