BOOKS.

PROFESSOR L/EBER ON CIVIL LIBERTY.* FEdNCIS LIEBER, the Professor of History and Political Philoso- phy and Economy in the State College of South Carolina, is a Ger- man, well known for his liberal opinions, he having gone to Greece to assist in her struggles for freedom, or rather to throw off Tur- kish dominion, and having twice fallen under the ban of authority in Fatherland. Released by the exertions of Niebuhr from pri- son at Berlin, Lieber took refuge in America ; whither the friend- ship of the Roman historian followed him and procured him his Professorship. This of course was many years ago. In the in- terval, Lieber, besides discharging his professional duties, has pub- lished various works. Of these, the "Stranger in America" and the "Reminiscences of Niebuhr " are the most entertaining. The most valuable is the treatise on Political Ethics, of which the book before us On Civil Liberty and Self. Government may be reckoned a continuation.

In point of depth and distinctness in leading principles, the present contribution to political science is not equal to its precursor. It contains nothing so broad as the opinion that conscience or a sense of right and wrong is innate, and the arguments by which it is sup- ported ; nothing so profound, comprehensive, and practically use- ful, as the principle which traces the idea of the " state " to a ne- cessity of man's nature ; or so subtile, in addition, as the distinction between the " state " and the form of "government," with the consequences that flow from it. The definitions or expositions of the principles of civil liberty in the present volume are rather confused and overlaid. The book, indeed, is less a philosophical treatise on civil liberty, (by which the author means what many call political liberty,) than a commentary on "Anglican liberty" as developed in the constitutions and institutions of England and America ; those two countries being, in Lieber's opinion, the only places where civil liberty exists, though he does not deny that freedom may be developed in other forms. Continental practices, and the principle of universal suffrage, as frequently exercised in France since the outbreak of the first Revolution, are also con- sidered as illustrating the main topic. The broad conclusion by the author is, that national liberty must be complex and varied, even with seeming checks or oppositions. The simplicity, or "cen- tralism," in which theorists and despots delight, is merely the uni- formity of slavery. The object of Lieber renders the book more interesting perhaps than a treatise of a profounder kind, and at the same time more practically useful. It is true that by confining the idea of liberty to two particular nations, a somewhat narrow and special air is given to the thing itself, as well as the appearance of a predeter- mined conclusion, from each " Anglican ' institution being suc- cessively taken up and pronounced necessary to freedom, as well as the combination of the whole. This mode of proceeding introduces a more living and businesslike character into the book, whether con- sidered as a treatise on a general subject or as a commentary on the institutions of the Anglo-Saxon race. Except in the few chapters of general definitions chiefly introductory, the reader's attention is not strained to consider a variety of abstract propositions, which are grasped with difficulty ; but familiar laws, usages, and institu- tions are presented to him, their particular importance is shown to himself, and their combined influence on the whole system of his civil life. The Anglo-German's exposition is also useful in these times, when the facilities of locomotion and other mechanical action have rendered people impatient of social ormental slowness. When men are crying out about the delays which the various checks and opposing interests of free institutions interpose to immediate action, it is well to have it shown that these are to some ex- tent essential to general freedom. A despotic government un- doubtedly overcomes resistance more readily, (if any is offered,) and moves more steadily to its objects, when it has determined to move, than governments where rights are respected and every man as well as the institutions of which he is a member has some rights with some power. This may be an evil, as every human production has its drawbacks or is liable to abuse. The inconveniences of liberty, the author, however, holds as nothing compared with its blessings ; and those who would change them for the rapidity and centralism of absolutism know nothing practically of the latter. What renders these longings after the decision and promptness of despotism more dangerous is that the ancient principle of the state being absolute is at the bottom of these longings,—that no matter what the form of the government, the power of the state (which eventually becomes that of the person who wields it) can rightly meet with no resistance. This was the notion which produced the Imperatorial power of ancient Rome, and the tyranny, whether Jacobin or Imperial, of modern France ; the theoretical election of the Roman Emperors, or the universal suffrage of our neigh- bours—mere man-voting in a country without free institutions, local self-government, or rights of classes—being a mere delusion, even if the voting were free, which in France or any highly cen- tralized country is never the case.

"A principle and guarantee of liberty, so acknowledged and common with the Anglican people that few think of its magnitude, yet of really organic and fundamental importance, is the division of government into three dis- tinct functions, or rather the keeping of these functions clearly apart.

"It is, as has been mentioned, one of the greatest political blessings of England, that from a very early period her courts of justice were not occu- pied with 'administrative business,' for instance, the collection of taxes, and On Civil Liberty and Self-Government. By Francis Lieber, LL.D. C.M. French Institute, arc.; Author of "Political Ethics.' " P • ciples of Legal and Political Interpretation," "Reminiscences of Niebuhr,'" &c., &c. Published by aBentley. that her parliament became the exclusive legislature, hile the parliaments of France united a judicial, legislative, and administrative character. The union of these functions is absolutism, despotism on the one hand and slavery on the other, no matter in whom they are united, whether in one despot or

i in many, or n the multitude, as in Athens after the time of Clean the tan- ner. The English political philosophers have pointed out the necessity of keeping the three powers separate in a constitutional ' government long ago. Those, however, who have no other definition of liberty than that it is equality, discard this division, except indeed so far as the mere convenience of transacting business would require.

'We have seen already that a distinguished French publicist, M. Girardie, declares himself for an undivided public power. 'Unite de pouvoir,' is the watchword of the French Republicans, and it is the very principle with which Louis Napoleon checkmated them. It belongs to what may well be called Roils_ seauisrn. Rousseau is distinctly against division of power. His Social Co,. tract became the political bible of the Convention-men, and it has ever since kept a firm hold on the mind of a very large part of the French people, pro. bably of the largest portion. Indeed, we may say that the two great types of government now existing among the civilized and striving portion of man- kind, are representative (or, as the French choose to call it, parliamentary) government, which is essentially of a cooperative character—it is the govern. meat of Anglican liberty ; and unity of power, the Galleon type. The French people themselves are divided according to these two types. M. Guizot may perhaps be considered as the French representative of the first type. A pamphlet, on the other hand, on government, and generally as- cribed to Louis Napoleon, published not long before the explosion of the Re- public, for which it was evidently intended to prepare the public mind, ad- vocates the unity of power in the last extreme, and as a truly French prin- ciple.

"We believe that the so-called unity of power is unvarnished absolutism. It is indifferent who wields it. We insist upon the supremacy, not the ab- solutism, of the legislature. We require the harmonious union of the co. operative whole, but abhor the unity of power.

"What the French Republicans demand in the name of the Democracy, Kings insist upon in the name of Divine right. Both loudly protest against the division of sovereignty,' which can only mean a clear division of powtr ; for what in a philosophical sense can truly be called sovereignty can never be divided, and its division need not, therefore, be guarded against. Sove- reignty is the self-sufficient source of all power, from which all specific

powers are derived. It can dwell, therefore, according to the views of free. men, with society, the nation only. But sovereignty is not absolutism. It is remarkable how all absolutists, monarchical or democratic, agree on the unity of power." "Unity of power, if sought for in a wide-spread democracy, must always i

lead to monarchical absolutism. Virtually it is such, for it s indifferent what the appearance or name may be, the democracy is not a unit in reality; yet actual absolutism existing, it must be wielded by one man. All abso- lutism is therefore essentially a one-man government. The ruler may not immediately take the crown ; the pear may not yet be ripe, as Napoleon said to Sieyes; but it soon ripens, and then the avowed absolute ruler has for more power than the king, whose absolute power is traditional, because the tradition itself brings along with it some limitations by popular opinion."

This view of the animating political principle of the majority of Frenchmen, explains how they have never been able to establish liberty, or to develop it when the means were placed within their power at the Restoration. The active politicians of France make use of the checks of a constitutional or even a conscientious government, only to overthrow it, and yield to nothing but "unite de pouvoir." The changes during the first Revolution, (it being dated from the forcible taking of the Bastile,) the Girondists, the Jacobins, the Directory, the Napoleonic ascendancy, the Revolution of July, the Republic of 1848, the Empire of December, were all established and (save at present the last) overthrown by force, and in every case, except perhaps that of Napoleon the First, rather by conspiracy than war ; the conspirators getting possession of the "unite," the thing was done.

The following remarks on the occasional evils and the broad characteristic of the trial by jury, in answer to objections to it, are based on the same principle as the preceding observations.

"The results of trial by jury have occasionally been such, that even in England and here, voices have been raised against it ; not indeed very loud or by weighty authorities. Men feel the existing evil only ; not those that would result a hundredfold from an opposite state of things. Nor are those who feel irritated at some results of the trial by jury acquainted with the operation of trials without jury. So is, occasionally, the publicity of trials highly inconvenient ; yet should we desire secret trials ? Liberty, as we con- ceive it, can no more exist without the trial by jury—that buttress of liber- ty,' as Chatham called it, and our ancestors worshipped it—than without the representative system.

'It appears to me an important fact, which ought always to be remem- bered when the subject of the trial by jury in general is discussed, that by the trial by jury, the Anglican race endeavours among other things to in- sure the continuous and necessary admixture of common sense in the deci- sion of cases : and who can deny that in all practical cases in all contro- versies, in all disputes, and in all cases which require the application of general rules or principles to concrete cases, whatsoever common sense is in- dispensable, is that sound judgment which avoids the nimium ? Who will deny that every one is liable to have this tact and plain soundness of judg- ment impaired in that very line or sphere in which his calling has made it his duty to settle general principles, to find general rules, to defend general points ? The grammarian by profession frequently, perhaps generally, writes pedantically and stiffly ; the religious controversialist goes to ex- tremes ; the philosopher by profession is apt to divide, distinguish, and class- ify beyond what reality warrants; the soldier by profession is apt to sacrifice advantages to his science. Dr. Sangrado is the caricature of the truth here maintained.

"The denial of the necessity of profound 'study and professional occupa- tion would be as fanatical as the disregard of common sense would be super- cilious and unyhilosophical. Truth stands, in all spheres, emphatically in need of both.'

The style of the volume is occasionally rather diffuse in the more theoretical parts, from the needless accumulation of second- ary ideas or images; • but it has none of the looseness of a lecture. Something of the life which a habit of addressing an audience pro- duces is found in the book, with many passages more or less direct from the author's personal experience. The following anecdote, still bearing upon the difference between absolutism and liberty, is from a foot-note.

"At a sumptuous ball, which the city Of Paris gave in the year 1861 to the Commissioners of the London Exhibition, I was sittingin. a corner:sad reflecting on the Police-Officers in their uniforms and the actual patrols of rire military Rompiers in the very midst of the festive and crowded assem- blage when I was introduced to one of the first statesmen of France and liberi:1 members of the National Assembly. He had been at London to view the Exhibition : it was the first time he had visited England. Do you I know,' said he, what struck me most—far more than the Exhibition of works of art and industry ?—It was the exhibition of the civism Anglais (this Was the term he used) in the London Police.' It may be readily sup- I

sed that an American citizen turned his face toward the speaker to hear

I tore, when the Frenchman continued: I am in earnest. The large num- ber of policemen, with their citizen appearance, although in uniform, seem- I mg to be there for no other purpose than to assist the people, and the people I ever ready to assist them : voila what has most attracted my attention. Liberty and the government of law are even depicted in their police, where we should seek it least. What is it that strikes you most in coming here ?' "'The American,' I replied, , in visiting the Continent of Europe, is most impressed by the fact, that the whole population, from Moscow to Lis- bon, seems to be divided into two wholly distinct parts—the round hats, the people, and the cocked hats, the visible government. The two layers are as distinct as the hats ; and the traveller sees almost as many of the one form as of the other."

The chapters of Mr. Lieber's work are thirty-five in number : some of them are introductory or general, and a subject is fre- quently continued through several chapters, or several topics com- bined in one chapter. Occasionally the matter is obvious' and scarcely worth the elaboration given to it,—as that national inde- pendence is essential for the citizen to possess civil liberty. The main subjects are the representative system ; law, considered funda- mentally, as its supremacy without dispensing power except by the supreme constituted authorities, and practically, as the independ- ence of the judges, their limitation to their duty of judge, open trials, freedom of counsel, and the administration by the people in the form of juries; the right of petition, association and personal freedom of movement,—which the law of settlement, by the by, somewhat impedes in England, but which Mr. Lieber dwells upon, apparently from his remembrance of the passport system ; and lastly, self-government. Contrasted with these, and many subor- dinate topics relating to them, are government and the condition of the citizen as exhibited on the Continent, especially in France ; the conclusion drawn being, that civil freedom is only found in 'England and America, though, as already intimated, liberty may probably be effectively developed in other forms.