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alienated by voluntary transfer; and as the other class arises from the civil and domestic relations, which a man has the liberty and capacity of forming and changing, they have been generally, and with a considerable degree of propriety, distinguished as absolute and relative.

588. To protect mankind in the enjoyment of their rights, is the object of law. The law existing in this country, by which the rights of individuals are secured, is the common law of England, which was brought hither by our ancestors. This law has been adopted, and declared in force, by the constitutions of some of the states, and by statute in others; and where it has not been so explicitly adopted, it is nevertheless to be considered the law of the land, in all cases in which it has not been altered by statute or usage.

§ 589. The absolute rights of personal security and personal liberty, were privileges peculiarly dear to English freernen. The colonists claimed these privileges as natural and unalienable rights, of which they, as British subjects, could not be deprived. These rights were frequently asserted and declared during their colonial dependence; and provisions guarantying these rights have been transcribed from the fundamental acts of the British parliament, into our national

and state constitutions.

§ 590. The personal security of every citizen is farther protected by the law by which a man, on showing reasonable cause, may require his adversary to be bound to keep the peace. And if violence has been committed, the offend. er may be prosecuted in behalf of the state, and punished; and he is also bound to render to the party aggrieved compensation in damages.

§ 591. The law affords additional protection to this right by permitting a man to exercise the natural right of selfdefence. Homicide is pronounced justifiable in cases in which it is necessary in self-defence, against a person who comes to commit a known felony with force against one's person, habitation, or property, or against the person or prop

tween absolute and relative rights? § 588. By what law are these rights secured? § 589. From what acts were the provisions securing these rights transcribed into our constitutions? 590. How is the personal security of our citizens protected? What is personal securi. ty: 591. What additional protection is afforded? What is homi

rty of those who stand in near domestic relations. But Homicide is not strictly justifiable in defence of a private trespass, nor upon the pretence of necessity, when the party is not free from fault in bringing that necessity upon himself. § 592. Personal security includes the preservation of a man's good name from injury by slander or detraction. The slander of a person by words, is a civil injury for which damages may be obtained. The injury consists in falsely and maliciously charging another with the commission of some public offence, or the breach of some public trust, or with any matter in relation to his trade or vocation, which, if true, would render him unworthy of employment; or with any other thing by which special injury is sustained.

593. A slander communicated by writing or printing, is calculated to have a wider circulation, to make a deeper impression, and to become more injurious. Words, therefore, may be libellous if printed, which would not be action. able if spoken. (§ 256.) A libel is defined to be a mali. cious publication in printing or writing, signs or pictures, tending either to blacken the memory of one dead, or the reputation of one alive, and expose him to public hatred, contempt, or ridicule. And the law considers it a public as well as a private injury, and makes the offender both liable to a private suit for damages, and answerable to the state by indictment.

§ 594. It is the established principle of the English law, that the truth of the matter charged as libellous, cannot be shown by way of justification; because, whether true or false, it is equally dangerous to the public peace and it is presumed that the publication is made with a malicious intent. The judicial decisions seem to have established the same doctrine in this country, except where it has been controlled by constitutional and legislative provisions.

§ 595. But to give a wider latitude to the liberty of the press, special provision has been made in several of the states by statute, and in others by their constitutions, in favor of

cide? (See § 728.) § 592. What is slander? § 593. What is the difference between slander and libel? What is a libel? How are these offences punishable? § 594. Does it excuse a man, in law, to show the truth of the matter charged as libellous? § 595. What al.

giving the truth in evidence in public prosecutions for libels. The constitution of New York declares, that the truth may be given in evidence to the jury; and that if it shall appear to the jury that the matter charged as libellous is true, and that it was published with good motives, and for justifiable ends, the party shall be acquitted. Public opinion in this country seems to be pretty generally in favor of this prin ciple.

§ 596. The opinion seems to prevail, that, in private actions for damages, the truth may, in all cases, be pleaded in justification; inasmuch as private action rests upon the in jury sustained. There exists, however, a contrariety of opinion on this point; and indeed, it is not easy to perceive any good reason for this distinction between cases of public and private prosecution. Justice would seem to require, that, in either case, the object of inquiry should be the good or evil intentions of the publisher.

§ 597. The right of personal liberty is guarded with equal effect, by the national constitution, to which the laws and constitution of every state must necessarily conform. Every restraint upon a man's liberty the law considers an impris. onment; and whenever a person is detained with or without due process of law, unless for treason or felony specially ex. pressed in the warrant of commitment, or unless such person be a convict, or legally charged in execution; he is en. titled to his writ of habeas corpus. (§ 123.)

§ 598. The statute of New York requires that the appli. cation for this writ shall be to the supreme court, or chan cellor, or a judge of the court, or other officer having the powers of a judge at chambers; and that it be by petition, in writing, signed by or on behalf of the party. It must also state the grounds of the application; and the facts must be sworn to. If the person on whom the writ is served shall not promptly, without sufficient excuse, produce the party imprisoned, he is liable to be forthwith attached and committed to close custody, until he shall have obeyed the writ.

teration of the English law has been made in this country? § 596. What various opinions prevail in this country on the subject of slander and libel? § 597. What is personal liberty? How is it secured? § 598. What is a writ of habeas corpus? How is this writ applied for,

§ 599. If a person has been discharged upon habeas corpus, he cannot be reimprisoned for the same cause; but it is not deemed the same cause, if the discharge was granted for the want of sufficient proof, or for a defect in some of the proceedings in the case. The law makes the reimprisonment of a party duly discharged, a misdemeanor, subjecting the offender to fine and imprisonment, and a penalty of $1,250, to be paid to the party aggrieved.

§600. Persons confined upon a criminal charge, who shall not have been indicted, must be discharged within twentyfour hours after the discharge of a grand jury of the county, unless cause be shown for the delay. And prisoners indicted, unless tried at the next court after the indictment is found, are entitled to be discharged, unless the public prosecutor show satisfactory cause for delay. If there be good reason to believe that any person illegally confined, will be carried out of the state, before he can be relieved by habeas corpus, both the prisoner, and the party detaining him, may be brought up for examination, before the court or officer authorized to issue the writ, to be dealt with according to law. The above provisions in relation to habeas corpus, from the Revised Statutes of New York, are, with some slight exceptions, the law of every state in the union.

601. Freedom of religious opinion and worship, is one of the absolute personal rights secured by the constitutions and laws of this country. The general government is ex pressly prohibited from making any law respecting the establishment of religion, or prohibiting its free exercise, (§ 563,) and the state constitutions have adopted the same principle.

granted, and served? What is its effect? § 599. In what cases may a man be reimprisoned, after a discharge, upon this writ? § 600. What does the law farther provide respecting the confinement and discharge of persons imprisoned? § 601. How is religious freedom secured?

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CHAPTER II.

Domestic Relations.-Husband and Wife.

§ 602. MARRIAGE, to be valid in law, requires the consent of parties capable of contracting. No persons are capable of binding themselves in marriage, until they have arrived at the age of consent, which, by the common law of the land, is fixed at fourteen years in males, and twelve in fe. males. Idiots and lunatics cannot legally contract mar. riage.

§603. No person can remarry while the former husband or wife is living. Such second marriage is null and void, except in the following cases: when the husband or wife of the party who remarries, remains without the United States for five years together, or when one of the married parties shall have absented from the other for five succes. sive years, and the one remarrying not knowing that the other, who had been absent, was living within that time; or when the person remarrying was, at the time of such mar. riage, divorced by the sentence of a competent court; or if the former husband or wife of the party remarrying had been sentenced to imprisonment for life.

§ 604. In any but the above excepted cases, a second marriage is not only void, but in most, if not all of the states, it is a statute offence, punishable by imprisonment. Bigamy, more properly termed polygamy, is in some countries made a capital crime. Bigamy, in the strict sense of the word, is the crime of having two wives; but it is often used as synonymous with polygamy, which means the having of any number of wives or husbands more than

one.

§ 605. Though no penalty applies to the cases above excepted, yet, if the former husband or wife be living, though the fact be unknown, and there be no divorce duly pro.

§ 602. At what ages are parties capable of contracting marriage? Who cannot contract? § 603. In what cases are second marriages lawful and valid, while the former husband or wife is living? § 604. What are bigamy and polygamy? How punished? § 605. When

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