« VorigeDoorgaan »
Stephen Prescott has asked his friends struck by the clearness and power of his and neighbours to his house to-morrow talent, the interesting originality of his evening, that he may become better ac- views and his language, by his faith in and quainted with them; and now he pro- his devotion to the progressive steps of poses the next evening to have you and science and humanity, by the ingenious your wives and sweethearts, that he may, art with which he was able to draw from have the opportunity of knowing you too, the most simple propositions the most which I call a very kind action on his fruitful results. But among those who part, and every one of us, I am sure, feels have followed with some attention the it as such, and therefore I say, Three juridic literature of late years, no one can cheers for Sir Stephen Prescott, and God have remained ignorant of the active and bless him."
influential part which Dr. Lieber has taken " Three cheers for Sir Stephen Pres- in it. He had a great and elevated mind, cott, and God bless him!” shouted which conceived law, in its highest and idle loungers, sturdy young sailors, most truthful sense, as a complete develweather-beaten tars, and the small fry of opment of our social life, a logical result ragamuffins, who seemed to thrive equally of our customs, of our civilization, and of well above or below their native element. our knowledge. Nor was his influence Then, after a momentary pause and con- confined to mere theory. It made itself sultation, Joe Connor, who was generally most beneficially felt among his fellowspokesman, stepped forward, and taking citizens of America by the solution of a off his hat, into which he gazed intently, number of political, social, economical, said
and religious questions. As an example, "If we might make so free, we thanks we may quote the recent well-known and your honour for your kindness, which us famous Instructions for the Conduct of and ours hope ever to deserve, and that Armies in the field, adopted by the govyour honour will never regret the day you lernment of the United States as its offiset foot in Mallett, where 'twould be our cial rule during the civil war, reprinted by pride to know you'd live for ever and die at Bluntschli, and so often referred to in a good old age, covered wi’ medals and Europe, particularly since the last war, as glory. With," turning to his comrades, one of the happiest attempts at conciliawhose pleased faces bespoke their admi- tion between what is demanded by the ration of his eloquence, “a hip, hip, necessities of war and what humanity hooray!” and out ran the women, chil- prohibits. dren, and occupants of the near-by cot- We find in the relation of the life of tages, ready to join in any fun or fray Lieber numerous proofs of his enthusiwhich might happen to be going on. asm and his fidelity to his opinions. Such
“One more for the Cap'en !” and up was the writer and such the man. Born rose the cheery shout again ; then seeing in Berlin on the 18th of March, 1800, he Hero approach, and Sir Stephen turn to had commenced the study of medicine greet her, Ted Connor, who declared he when in 1815, obedient to the patriotic envied the very ground she trod upon, call which resounded in all Germany, he called out, “ Once again, boys !” and the joined the army and took part in the batrocks resounding and seeming to echo tles of Ligny and Waterloo. Seriously back again the enthusiastic outburst, Sir wounded and among utter strangers, the Stephen, laughingly, put his hands to his poor lad was taken to Liège, where he ears, saying, “This is the price we pay happily was received in a respectable for your popularity, Miss Carthew.”
Belgian family, yet living, * who took the most touching and disinterested care of him.
Recovered from his wounds, he re
| turned to his studies. But he did not beTranslated from The Revue de Droit International.
| lieve in having fought only to free his FRANCIS LIEBER.
country from foreign masters. He deThe last number of this Review had sired liberty and independence for his scarcely appeared, with a new article fatherland, not only from without, but written by Dr. Francis Lieber, when we from within, and made no secret of it. received the sad news of the death of this eminent man. There is not one of our * The family Lesoine. Mr. Lieber himself about a readers, though he had known nothing of year ago made us acquainted with this fact. In one of
his late letters our venerable friend spoke gaily of his Francis Lieber but his contributions to proiect to pay us a visit in 1873 and to make a pilgrimage That was enough to make him suspected, leges and universities, notably in Yale and to cause his imprisonment as a dema- and Harvard ; admirable Essays on gogue in 1819. We subsequently find “ Property and Labour," where he with him studying in Halle, Jena, and later in rare vigour opposes the communistic Dresden, from whence, in 1821, he made doctrines, on “ Penal Laws,” “Penithe journey on foot through Germany, tentiary System,” “ Prison Discipline," Switzerland, and a portion of France to on the “Relation between Education and Marseilles, whence he embarked for Crime ; ” “A Letter on Anglican and Greece with the intention of aiding the Gallican Liberty,” translated into German Greeks in the uprising against the Turks, by Wittermeyer. When visiting Germany the signal for which had been given on in 1845 and in 1848 he published in Gerthe 4th of April, 1821. But he found no man his “ Fragments on Subjects of Peopportunity to exercise his courage. The nology” and a volume on the “ Indepenrevolt was without organization, conduct-dence of the Judiciary." . ed by small bands at various points and In 1850, on the admission of California with diverse success. After some time into the Union as a State, a wide-spread Lieber, entirely deprived of all resources, secession movement was forming in South was constrained to return to Italy. He Carolina ; Lieber did not hesitate to opgives the experience of this episode in his pose it, and delivered his celebrated life in his “ Tagebuch meines Aufenthalts speech on Secession at a large meeting in Griechenland" in the year 1821. held at Greenville, South Carolina, by the
to Liege in order to recall his recollections of 1815.
Arrived in Italy, destitute as he was, friends of the Union. He here predicted, our young enthusiast had the good for- with a foresight which events have but tune of being received with true friend- too strongly confirmed, the probable conship by Niebuhr, at that time Prussian sequences of an attempt at secession. In ambassador in Rome, and by Chevalier the meantime, the publication of these Bunsen. At the expiration of two years convictions made his position in the midst he returned with Niebuhr to Germany, of a people passionately devoted to slavwhere a peaceable sojourn was promised ery untenable ; and he did not hesitate in to him. Notwithstanding this, however, 1857 to accept the chair of History and he was again arrested in 1824, but through Political Economy in Columbia College, the intercession of Niebuhr obtained his New York, subsequently exchanging it release. Tired of the repeated annoyances for the chair of Political Science in the and false accusations, he escaped to Eng- Law School of the same institution. The land in 1825, where he supported himself inaugural at the commencement of his by giving lessons and in writing for sev- course, and the solemn testimony of his eral journals and reviews. Subsequently, former pupils, prove the success and noin 1827, he proceeded to the United States. bleness of his teachings. We have from himself the characteristic He had not been very long in New statement that while lecturing, and pub- York, when the terrible crisis came which lishing his Encyclopædia Americana, a for a time seemed to menace the existwork of thirteen volumes on the plan of ence of the American Union. From the the “ Conversations Lexicon” of Brock-commencement to the end, Lieber rehaus, he, at the same time, established and mained true to the cause of liberty, to the conducted a swimming school in Boston. Constitution, and the unity of the repub
In 1835 he received a call to the South lic. In 1861 he published his “ Two LecCarolina College in Columbia, South Itures on the Constitution of the United Carolina, as Professor of History and States." In 1962, his speech at the InauPolitical Economy. During the twenty-guration of the Loyal National League in two years that he occupied this chair, he New York, entitled, “No Party now, but published a number of his writings, of all for our Country," which has had sevwhich the most prominent are his “ Man-eral new editions. In 1863 he was one of ual of Political Ethics," a work in two the founders of the Loyal Publication Sovolumes, classical in America, highly val- ciety, for the publication and distribution ued and often cited in Europe ; “ Legal of books, pamphlets, and tracts, in order and Political Hermeneutics, or the Princi- to stimulate patriotism and to hasten the ples of Interpretation and Construction in suppression of the rebellion. Dr. Lieber Law and Politics ; ' “ Civil Liberty and was made president of this society, and Self-government," the second edition of occupied the position until the end of the which of 1859 has been translated into war. More than a hundred pamphlets German by Wittermeyer, and of which were published, and a hundred thousand use is made as a manual in several col-'copies of these distributed. Ten of these publications bear the name of Francis and individuality of Lieber, gathering his Lieber. At the same time he wrote his direct and confidential impressions of men excellent dissertation, often quoted by us and facts, and learning to appreciate the and others in the discussions evoked by strength and delicacy, the originality and the Franco-German war, “Guerrilla Par-depth, of this great mind. His attention ties considered with Reference to the Law in late years was especially directed to inand Usages of War," and his “ Instruc-ternational law, to the future of this scitions for the Government of Armies of ence, and to its practical application. the United States in the Field,” which While he rejoiced in the success of GerPresident Lincoln ordered to be promul-many, his native country, he did not degated in the general orders of the war de- sire for it an unlimited empire, and he was partment.
deeply impressed with the advantages After the war Lieber occupied his mind which would result to civilization from the with subjects of peace, the constitution, friendly rivalry of several great nations. and international unity ; taking part in He cherished the dream, for the realizaall questions of importance in law and pol- tion of which he desired our co-operation, itics. His letters to the “ Evening Post,” |of coming to Europe, to this very spot, signed“ Americus,” reflect his opinions on in order to take part in a Congress of inthe principal events of the day. The ternational jurists, who should be occuform of these is concise, skilful, and im- | pied in establishing the rights of the peopressive. Moreover whether he is impas- ple on a rational, firm, and practical basis. sioned, indignant, or approving, it is never What he desired above all things, what for ignoble motives. In Political Econo- he practised himself, was respect for the my he was enrolled under the banner, yet right; and such was the name he had actoo little popular in the United States, of quired in his adopted country for his defree trade. His pamphlet, “ Notes on votion to this principle, that in 1870, by Fallacies of American Protectionists,” the united approval of both countries, the published in a very large edition by the honourable office of third arbitrator or umAmerican Free Trade League and repub- pire was conferred upon him, charging lished in England by the Cobden Club, is him with the duty of giving the final dean excellent refutation of the sophisms cision in important cases pending between by the aid of which protection still makes the United States and Mexico. His itself acceptable to a large majority of death unfortunately prevented him from the American nation. In 1867, “Me-completing this work. ·morial relative to Verdicts of Jurors," Lieber's motto was, “ No Right with“The Unanimity of Juries,” “Reflec-out its ' Duties, no Duty without its tions on the changes which may seem Rights." He had himself translated it necessary in the present Constitution of into French, by the two words “Droit New York,” occupy him in turn. In oblige,” and the English formula was 1868, “International Copyright," and printed at the head of all his letters. "Fragments of Political Science on Na- One day he noticed that the “ Société tionalism and Inter-Nationalism,” which Internationale " at the Congress of Gehas been translated into Spanish and neva had appropriated this device, and which an Italian publicist, M. Gazelli, still later, during the reign of the Paris calls “l'aureo opusculo" – the golden Commune, that they had inscribed on tract.
some banners, “ Pas de droits sans deFrom the very commencement of this voirs, pas de devoirs sans droits." We Review, Mr. Lieber, with whom we be- have his letter before us in which he excame acquainted through the medium of presses his vexation, and the disgust Laboulaye and Bluntschli, was kind which he felt at the profanation of his faenough to interest himself in our project. vourite aphorism. Lieber loved liberty and Very soon our correspondence became reform ; but as rights enjoining moral and more intimate, and in later years, notwith-juridic responsibilities, so much the greatstanding the difference of age and the ser in the larger measure that they are beseparating ocean, a sincere friendship ex- stowed. isted between us, having much of the An American journal, the “ Nation," character of paternal tenderness on the makes this singular admission : that he one side, and filial reverence on the other. was one of the few great publicists who It was in this frequent and familiar ex- believed in republican government, and change of letters that the author of this who had an equally clear insight into its police had the gratification of becoming merits and defects. Let us add from our thoroughly acquainted with the character personal knowledge that he had a like hatred for absolutism of every kind, nicating to our readers some of the treasdemocratic or monarchical, under what. ures with which his writings, yet too little ever name it might be disguised.
known in Europe, abound. Under all Lieber died on the ed of October, 1872, circumstances the memory of this friend, after a short illness, writing almost to his whom we have never seen in this world last hour, at a work entitled, “ The Rise but through the eyes of the soul, will ever of the Constitution.”
be present to us ; and whether in writing We shall not, in this hastily written no- or in directing this Review we shall entice, take a final leave of our dear and deavour to honor him by being faithful to deeply regretted collaborator. Perhaps his motto, “ Droit oblige.” we may have the opportunity of commu-l
GLEANINGS FROM AUGUSTINE. — The race. All things appertaining to the house are carefully of man is like the leaf of the olive or the looked unto; and where you wrote unto me that your
maid should have more wool, she hath at this present, laurel, never without foliage, yet ever varying. alb. of wool for spinning, which will keep her a-work
Pride doeth its own will: humility the will till Wednesday night. You commanded that alb. of this of God.
wool should have been delivered to the clerk's wife, but
her leisure will not serve her to spin it up, therefore Man is one thing in that he “is;” another,
your maid must spin it, else it will be left undone. in that he is “able,
Your maid Grace hath wrought out her work, all saving He who was God was made man, by taking the sides. Her thread is all done, so that she is driven what He was not, not by losing what He was. to lay it aside, and at this present she worketh upon
your drawn work ;-(Drawn work was a kind of lace, By faith we are knit; by understanding we
so named from the mode in which it was made) - but are quickened.
I doubt her silk will scarcely hold out your coming Those who do not recognize God in the home. I have sought all your lower closet, and I can
neither find silk nor thread for her. pages of Scripture, will seldom acknowledge godliness in the persons of men.
Some half a century later, the maid-servants Wouldest thou pray in a temple ? Pray seem to have been more idle, and less easy for within thyself. Only first be thou a temple of a man to manage. Thus, in 1640, John Tur. God, because He in His temple will hear him berville writes from Clerkenwell to his friend that prayeth.
Willoughby:Gód will not be any the greater by pleasing
Your old maid, Anne Ralph, begins to be weary of thee, but thou wilt be the less Dy auspicasing working; to make clean a house is too painful for her, Him.
and to make clean a shoe, she scorns it. She ran away If a man lives after the flesh, he lives but as one day, and came again next to warn herself away, and
all was for the abusive word, “base slut!" given her. the beast; if he lives after the Spirit, angels
... She now begins to speak inore than is fit; but I are his companions.
have found your words true. She loves to fare well, There are two sources of sins; one from lic well, and do little; but I am very glad of her short oneself, the other from the persuasion of deliverance from me, and so I leave her to Him that
made her. others.
The love of things temporal can only be The servant-maid movement in Scotland is overcome in us by a pleasure in things eternal. not an original agitation. The three things
Thou madest us, () Lord, for Thyself, and that Anne Ralph loved, seem to be especially our heart is restless until it repose in Thee. I favoured by the “lassies” or “hizzies," who
If thou art seeking truth, hold thou the way; vex the souls of their northern mistresses. for that same is the way which is the truth.
Notes and Queries. A miracle or wondrous work done by God, ought not to excite wonder, the wonder would be if man had done it.
HORSE NAILS BY MACHINERY. – Some new works have been recently constructed near Bat.
tersea for the production of horsenails by ma. A GENTLEMAN AT HOME: 1588. — In the chinery. It is said that there is a consumption last volume issued by the Camden Society - of no less than 150 tons per week of these The Trevclyan Papers, admirably edited by Sir nails, all of which had hitherto been manuCharles Trevelyan, there are as many illustra- factured by hand labour. The new machinery tions of social or domestic life as of the polit is said to have proved in every respect satisical and religious aspects of the long period to factory, and will give employment to a large which the papers refer. One singular figure is number of young women from seventeen to exceedingly striking. He thus describes to his twenty-five years of age, thus extending the wife, Mrs. Grace Kirkham, his doings at home sphere of female labour in a direction alto. (Feniton) in that "loving wife's ” absence : - gether unexpected.
THE LARGEST, THE ABLEST,
AMERICA. HAS MORE CONTRIBUTORS,
HAS MORE DEPARTMENTS HAS MORE ADVERTISING PATRONAGE,
HAS MORE POPULARITY
THAN ANY OTHER
IT IS UNSECTARIAN, IT IS EVANGELICAL, IT IS LIBERAL, IT IS RADICAL, IT 18 BOLD.
IT IS UP TO THE TIMES
Boligious Questions, Political Questions, Financial Questions, and
all other Living Questions are Freely Discunsod in its Columns.
They are by far the handsomest chromos ever offered as promiama
The original paintings are owned by ua and these superb chromor ons only be obtained by rabecribers to The INDEPENDENT.
SPECIMEN COPIES CONTAINING LIST OF OTHER PREMIUMS SENT FREE.
No. 3 Park Place, New York.