網頁圖片
PDF
ePub 版

1. The constitution, powers and privileges of parliament, which keep the legislative power in due health and vigor, and prevent the enactment of laws destructive of general liberty.

2. The limitation of the King's prerogative, by bounds so certain and notorious that it is impossible that he should either mistake or exceed them without the consent of the people.

3. The right of applying to the courts of justice for redress of injuries. "Every subject," according to Coke, "for injury done to him in bonis, in terris, vel persona, by any other subject, be he ecclesiastical or temporal, without any exception, may take his remedy by the due course of law, and have justice and right for the injury done him, freely without sale, fully without any denial, and speedily without delay." (II Inst. 5.)

4. For any uncommon injury or infringement of the rights before mentioned, which the ordinary course of law is too defective to reach, there still remains a fourth subordinate right, appertaining to every individual, namely, the right of petitioning the King, or either house of parliament, for the redress of grievances.

5. The fifth and last auxiliary right of the subject, is that of having arms for their defense, suitable to their condition and degree, and such as are allowed by law. Which is a public allowance of the natural right of resistance and self-preservation, when the sanctions of society and laws are found insufficient to restrain the violence of oppression. (1 Bl. Com. 141-144.)

Sec. 279. ADDITIONAL SECURITIES TO ABSOLUTE RIGHTS IN THE UNITED STATES. Our laws and institutions being largely borrowed from or copied after those of England, afford the citizen the same protections above specified by Blackstone. True, we have no King whose prerogative must be so nicely bounded. But our constitutions prescribe the nature and extent of the executive and legislative power, and check in a number of ways, the arbitrary action of either. The courts are likewise open to every individual, and seek to afford a fitting remedy for every species of injury.*

The First Amendment to the Federal constitution makes inviolate by Congress the right to peaceably assemble and petition for a redress of grievances. State constitutions also protect this right as that of instructing representatives. (Ohio Const., Art. 1, Sec. 3.)

The right to bear arms is also protected by Federal and State constitutions, and the Declaration, as we have seen, as well as some State constitutions, proclaim the right of the people to alter, reform, or abolish government whenever they may deem it necessary. (U. S. Const., 2d Amendment; Ohio Const., Art. 1, Secs. 2-4.)

Sec. 280. SAME SUBJECT-THE RIGHT TO WORK.—As noticed in an earlier section, absolute rights, though founded in nature, are dependent upon

*"All courts shall be open, and every person, for an injury done him in his land, goods, person, or reputation, shall have remedy by due course of law, and justice administered without denial or delay." (Const. Ohio, Art. 1, Sec. 16.)

human laws for their recognition, and this recognition is developmental rather than institutional. We now secure to some extent the right of education by the common school system, supported by income from public lands and general taxation. We protect various sorts of intangible property, as patents and copyrights. We secure property rights to married women. We have abolished imprisonment for debt. We recognize the claims of the poor, the crippled, the blind and the insane, to support and care from the able portion of the public. Are not these proof positive of a developing humanity and brotherhood which demands of civilization an addition to the sum total of absolute rights? A further right is now being demanded, it is the right to work.

Under the head of "employment" Judge Cooley says, "Every person has a right to choose his own employment, and devote his labor to any calling, or at his option to hire it out in the service of others. This is one of the first and highest of all civil rights.

[ocr errors]

The right to reside in a country implies the right to labor there." (Principles, 3d ed., 255-6.) But suppose there is no occupation or employment to choose from! And no one who desires to hire your services! This is the condition which confronts those who are now demanding the right to work. The competitive system, through the instrumentality of machinery, can, and does, produce enough to supply the wants of all without demanding the services of all. Those not employed are owners or tramps. The owner, or employer,

maintains his status by controlling employment and taxing the laborer for the privilege of working; when the worker objects to the tax levied by the employer, the privilege is denied him, and he is at liberty to join the army of tramps or commit suicide.*

The solution of the industrial problem, we believe, lies in the recognition of the right to work. But granting the right to work means that the State shall employ the unemployed, and this in turn means public ownership. Labor is property but one remove, and is entitled to protection as property. With labor as a precarious privilege, capable of being denied at the caprice of an overbearing plutocratic class, the liberties of the masses will become but an empty name.

*"It is admitted by all thoughtful people that a social system based on competition has failed to provide a plan whereby all who are willing to work may work and live, and the consequence is that in our country to-day there is an ever-increasing army bearing the 'curse of the wandering foot.' Turgot said: 'God, by giving man wants, and making his recourse to work necessary to supply them, has made the right to work the property of every man, and this property right is the first and most sacred right of all.' The right to work! This is the

right that must be established

[ocr errors]

and for which we need a new

Emancipation Proclamation." (From speech by Mayor S. M. Jones, of Toledo, at Cincinnati, May 19, 1899.)

THE DOMESTIC RELATIONS.

INTRODUCTORY.

Sec. 281. MEANING AND SCOPE OF THE DOMESTIC RELATIONS.-The word "domestic" signifies home or household affairs, including the family and servants, and distinguishes the subject of Domestic Relations from the other public or private relations of individuals which do not so particularly concern the home. As treated by the leading text-writers the subject embraces these topics: 1. Husband and Wife; 2. Parent and Child; 3. Guardian and Ward; 4. Infancy; 5. Master and Servant.

A number of writers do not make a separate topic of infancy, but the development of many new principles pertaining as well to guardian and ward as to parent and child make a new heading under which these principles can be treated desirable.*

Sec. 282.

AUTHORITIES.-The authors who have written treatises upon the topics now generally known as the domestic relations have not uniformly entitled their productions as works upon the domestic relations, and this fact is to be kept in mind by the student. Among the most available sources of informa tion upon the subject we note the following for the con

*Schouler, Dom. Rel., Sec. 1.

« 上一頁繼續 »