CONSTITUTIONAL LIMITATIONS AND PROHIBITIONS.. The tendency of Government to overact-Necessity of guaranties against the oppressions of the State.-The Constitution ought to be replete with prohi- bitions upon State authority.-Objections to the phraseology of some of the present prohibitions-These enumerated and reasons for more.-The Rights of Man require that the leading principles of Criminal Jurisprudence should be settled in the fundamental law of the State.-The State cannot take ven- geance upon a prisoner-It can only restrain a criminal from doing further wrong.-Theory of criminal restraint and treatment briefly stated.-The right to inflict the Punishment of Death denied.-Infringements upon the Rights of Opinion to be guarded against by the Constitution.-Religious Liberty is not well secured by the American Constitutions.-The observance of Sunday.- Public Debt.-The Constitution of a State ought to guard against an unjust public debt by limiting the Expenditures of a State to its necessities.-What are the legitimate expenses of a State ?-Except for these, the majority can- not bind the minority.-The "People's Resolution "-Legislative action upon it in the State of New-York.-The right of Eminent Domain-The necessity of defining the limits of its exercise.-Laws affecting the relation of Debtor and Creditor.-Proposed reforms to the New-York Constitution. The basis of popular Suffrage-The proper relation of the individual man to the State.-Reflections on the Constitutional Provisions of New-York relative to the Elective Franchise.-Qualifications of an Elector-The Property Qual- ification.-What persons may not vote ?-Reasons for and against the Exer- cise of the Elective Franchise by Women.-Conclusion upon them. The natural right of Self-Defence.-Appeal to Society for redress of Wrongs. The Equality of the Sexes in the eye of Justice.-Rights know no distinction of Sex.-The Rights of Woman inferred from her mental constitution.-The notion of Marriage being a civil contract refuted.-The absurdity and injus- tice of this idea of the Common Law.-Who may contract Marriage.-Second Marriages. The right of Divorce.-The test in cases of Divorce should be the moral fitness for marriage of the party complained against.-Divorce ought to be total in all cases.-Marriage a sacred natural ordinance and not the crea- ture of the Law.-The relation of Husband and Wife under the Common Law.-Objections against the legal annihilation of the Wife.-The loss of moral dignity of the Wife under the Common Law-And the sacrifice of her THE RIGHT OF PROPERTY AND ITS MORAL RELATIONS....p. 172-198 The origin of this right. The sense of Property is innate in man, and is shared by him in common with some of the animal tribes-But when guided by the human intellect, and acting under the impulse of the sentiments proper to man, it rises to great dignity and importance.-The natural right of Property. -The views of various writers on this subject considered.-Man's true rela- tion to Property and Wealth.-The abuse of Wealth.-Diversity of the hu- man faculties in reference to the acquisition of Property.-Inequality of Men's Estates the result of their mental constitution.-The laws ought not to inter- fere to retard or benefit any man in the acquisition of Wealth.-They can only protect his acquisitions.-The evil of Corporations.-Factitious Credit Systems-Nature's Credit System.-Speculation and Paper Money.-Laws af- fecting Trade and Business.-Right of Eminent Domain and its proper limi The Natural Right of an Author to exclusive and perpetual property in his copy. This right is not surrendered by publication. The old Common Law ac knowledged and protected this right.-Opinions of Mansfield, Blackstone, and the great English Judges on this subject.-This right at Common Law was impaired by the Statute of Ann.-But this cannot affect the Question in this Country. In the State of New-York the Common Law is adopted by the Con- stitution-and by it the right of an author to exclusive and perpetual proper- ty in his Copy ought to be upheld, without reference to the Act of Congress. -Foreign Authors ought to be protected against the piracy of their works by American publishers. ESSAYS ON HUMAN RIGHTS AND THEIR POLITICAL GUARANTIES. CHAPTER I. THE ORIGIN OF HUMAN RIGHTS. SINCE the period of the Revolution, scarcely an attempt has been made by any of our citizens to show the origin, and to define the extent, of human rights. The Declaration of 1776 contained several broad assertions upon this subject, favoring human equality, and the sanctity of natural rights; but did not attempt much more than to assert the sacred inviolability of human life, liberty, and happiness. A celebrated political writer of that period discussed at some length the rights of man in opposition to the principles of the British Constitution; but he rather combated error than asserted truth; and while he demolished, by his arguments, the structure of European governments, his Essay fell short of establishing the rights which he defended upon the sure foundation of natural truth. He was not armed with the true philosophy of mind. While the Constitution of the United States was undergoing discussion prior to its adoption, the Essays of "The Federalist" were presented to the American people by three of the most eminent men of the day;—and this masterly work contains the only true and complete defence and exposition of the principles of Republicanism, which has ever fallen from an American pen. But these Essays, excellent as they are universally considered to be, fall short of affording a complete political philosphy; since, supposing them to be well grounded upon natural truth, they discuss only the powers of the General Government, which are limited; and omit altogether the subject of State legislation, which immediately affects and controls the most important rights of the citizen. During the half century now past, what discoveries have we made in the principles of legislation? What have we done toward the establishment of wise and just laws, and in the maintenance of their stability? Do we not pass laws and repeal them ?—and condemn to-day what we sanctioned yesterday? Is the American legislator grounded upon any philosophy of mind? Does he know the certain nature of the beings whom he binds by the laws? And are those laws in harmony with the law of their nature? These are questions of grave importance to the American people, and concern both individual happiness and our national existence. For it is the destiny of every government which outrages humanity, to fall; and the truly great and noble are the first to transgress unjust laws-faithful as they ever are to their higher allegiance and better destiny. The duty of the legislator is simply to conform to natural truth. He is the mere "minister and expositor of nature." If Infinite Goodness has ordained the employment of the human faculties for the attainment of happiness, and invited their activity by surrounding them with the means of employment and gratification, human wisdom has but one work to perform, and that is, to reduce the means of happiness to possession according to the natural design. Man, then, must know himself, and his true relation to his fellow-men and to external nature. All truth becomes natural truth-all rights, natural rights-and all wrongs, natural wrongs. Our business is to perceive, not to create. Man makes not good nor evil. He cannot confer rights, nor create wrongs. He can only sanction and forbid in consonance with the natural laws. "Those rights," says Sir William Blackstone, "which God and Nature have established, and are therefore called natural rights, such as are life and liberty, need not the aid of human laws to be more effectually invest |