Francis Lieber (1798–1872)

This short booklet (48 pages) presents and summarizes Lieber’s view that succession is not possible. It combines an address to South Carolina Union loyalists which helped prevent an early attempt at succession. The other part is composed of two lectures (with extended notes) that are perhaps most fully defined in the subtitle: “Two lectures on the Constitution of the United States concluding a course of the Modern State delivered in the Law School of Columbia College in the winter of 1860-61”. Some of the footnotes were supplied by Horace Binney, a leading lawyer and former U.S. Congressman.

Overall, I would reject many of Lieber’s views as being too strongly influenced by Prussian yearning for an authoritarian, sovereign state. However, he does make two strong and useful points: That a nation exists first in the hearts and minds of men and only afterward in a Constitution or Government; and, second, that any confederation or union can only be dissolved by unanimous consent or successful revolution.

Worth reading only if you seek the legal previews of the civil war, but still deserves considering based on those thoughts mentioned above.… (altro)

Lieber presents his views, analysis, and some history of Liberty and self-government; and the nature of both. He emphasizes the importance of a limited sphere of government, of non-governmental ‘institutions’, and of hierarchical local governments. This last group borders on, but doesn’t clearly state a principle of Subsidiarity. He provides a good walk through what he sees as required elements of government and rights: law, elections, constitutions, juries, etc. He rejects democracy as usually failing and prefers a republic or republican monarchy, but never exactly defines either.

Though originally written in 1853, the third edition of 1883 was expanded to include some results of the civil war and events in France. For my needs he spends too much time contrasting and discussing French history, although the inclusion of all six French constitutions from 1779 to 1852 is useful for the record. Other useful appendices include the Magna Carta, English Petition of Rights and Bill of Rights; the U.S. Declaration of Independence, Articles of Confederation, and Constitution.
Overall this is an important work for studying the evolution of government and individual liberty; and gaining a mid-nineteenth century perspective from an excellent lawyer. The only drawback is the sometimes overbearing detail and heavy footnotes in a sort of Germanic style.… (altro)