FOR THE USE OF COLLEGES AND STUDENTS AT LAW.

Lex, communis reipublicæ sponsio.-SENECA.

BY

FRANCIS LIEBER, LL.D.,

CORRESPONDING MEMBER OF THE INSTITUTE OF FRANCE, ETC.;

AUTHOR OF "ON CIVIL LIBERTY and selF-GOVERNMENT," PRINCIPLES OF LEGAL AND
POLITICAL INTERPRETATION," etc., etc.

VOL. II.

SECOND EDITION, REVISED.

EDITED BY THEODORE D. WOOLSEY.

PHILADELPHIA:

J. B. LIPPINCOTT & CO.

LONDON: TRÜBNER & CO.

1876.
70

A. 213.

CORNE
UNIVERSITY
LIBRARY

Entered, according to Act of Congress, in the year 1874, by

MATILDA LIEBER,

In the Office of the Librarian of Congress at Washington.

CONTENTS.

BOOK III.

CHAPTER IV.

Ambition.-Its various Manifestations.-Is it radically bad?—Political

Apathy a great Evil.-Political Ingratitude.—Jealousy.-Political Mod-

esty.-Self-Esteem.-Vanity.-Titles without Office, and External Dis-

tinctions, such as Ribbons.-The Chinese. - De Ruiter. - Personal

Affection. Friendship: in ancient Times; in modern.—Its high Value.

-Epaminondas.-Abuse of Friendship and of the Word.-Favoritism :

in Monarchies; in Ministers and all other Citizens.-Its ruinous Effects.

-Washington and Pym.-Family Affection.-Providing for Members

of the Family.—Papal Nepotism.—Its Character when highest

CHAPTER V.

Gratitude fully discussed.-Ingratitude.-Excess of Gratitude aids Usurp-

ers.-Cæsar, Napoleon.-Distinction between Gratitude and Popularity.

-Popularity.-Sudden and Passing Popularity; Lasting Popularity.—

We have no Right to seek Popularity, but must suffer it to seek us.—

Power of spontaneous Popularity; peculiar Power of spontaneously re-

turned Popularity.—Slavery of Popularity.—Danger of Popularity, in

Free Countries, to the Individual.-Crowds to receive distinguished

Men.-Great Danger of Personal Popularity for Liberty.-Pericles.—

Demagogues.-Athenian Demagogism.-Monuments.-The Duty of

Attention.-Observation of Primary Agents and Elements.-Truth and

Justice connected with it.-Obligation to study the History of our

Country, its Institutions and their Classical Periods.-It is necessary in

modern Times to read Newspapers

CHAPTER VI.

Continency. Political Evils of Incontinency; of Prostitution.—The pri-

mary Foundation of Society, the Family, is undermined by it.-Evils of

general Incontinency in the highest Classes, and the lowest.-Religion.

-Its Universality. Its importance for Morality; for Society; for the

State.-Fanaticism.-Fanaticism of any kind.-Religious Fanaticism.—

The Bible.-Revelation.-Both exclusively religious.—Persecution.—

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Direct and indirect Persecution.-Political and social Persecution.-

Hypocrisy and Desecration of Religion.-Regulation of political or

social actions by Tenets

CHAPTER VII.

Patriotism. The Patriotism of the Ancients; of the Moderns.-Some

have rejected Patriotism.-National Conceit, Pride.-Narrowness of

Feeling a Counterfeit of Patriotism.-What is true Patriotism?—It is

noble and necessary for Liberty.-Loyalty.-Public Spirit.-What it

consists in.-Calamitous Consequences of a Want of Public Spirit.--

Veneration for the Old; Forefathers.-How far just, necessary.-When

injurious.—-The Age of Action under Forty; of Conservatism over

Forty.-Do Times grow worse?-When are we more experienced

than our Forefathers?—Stagnation and Heedlessness

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80

BOOK IV.

CHAPTER I.

Education. What it is.—Strong and universal Tendency to form Habits

and continue them.-Great Importance of Education in Politics, not

only of elementary and general School Systems, but also of superior

Education and literary Institutions.-Expeditions, Libraries, Museums.

-Industrial Education.-The Rich as well as the Poor ought to be

actively engaged in some Pursuit, whether purely mental, or industrial.—

Law of Solon.-Connection of Crime with want of regular industrial

Education in modern Times.-Statistics.-Habits of Industry, of Obe-

dience, of Independence, of Reverence, and of Honesty.-Ancient His-

tory for Children.-Concentric Instruction.-Gymnastics.-Sexes.— The

Woman.-Difference of physical Organization, Temperament, and

Powers in Woman and Man.-The Family (and through it the Society

of Comity and the Country) is the sacred Sphere of Woman's chief

Activity.-The Connection of Woman's Activity with the State.-

Woman is excluded from Politics.-She is connected with the State

by Patriotism.-Lady Croke.-The Petitioning of Women.-Lady Rus-

sell a Model.-History of Woman.--Is the Woman represented though

she cannot vote at the Poll?

CHAPTER II.

Obedience to the Laws.-How highly the Greeks esteemed it.—Obedi-

ence to Laws one of Man's Prerogatives.-Absolute Obedience impos-

sible.-Ad Impossibilia Nemo obligatur.-Ad Turpia Nemo obligatur.

-Viscount Orthes.-Unlawful Demands made by lawful Authority.—

High Importance of the Judiciary with reference to Obedience to the

108

Law. Not all that is not prohibited may be done by the Citizen, any

more than all that is positively permitted.—Penalties are not equiva-

lents of Crime.-Malum in se, Malum prohibitum: Is the distinction

essential, and can we found any Rule of Action upon it?-The Ques-

tion of Obedience to Laws a Question of Conflict.-Obedience in the

Army and Navy.-Articles of War.-Obedience in the Civil Service.

-How far is the Citizen bound to obey the Laws?—Justifiable Dis-

obedience.—Necessary and morally demanded Disobedience.—Non-

compliance with the Laws, or passive Resistance.-Active Resistance.

-Armed Resistance.-Insurrection.-Revolution.-Resistance formerly

considered lawful and received in the Charters.-Mobs and Mob-law,

so called.-Duty of Informing: in the Officer; in the Citizen at large.

-Professional Informers for Rewards.-Secret Police.-Delatores and

Mouchards. The Obligation of Informing against intended or com-

mitted Offences

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139

CHAPTER III.

Associations.-Associated Means, Endeavors.-Associations for the Pro-

motion of Morals.-Pledges.-Trades-Unions.-Ancient Guilds.-Un-

lawful Combinations for Purposes lawful if pursued by the Individual.

-Evil Effects of Trades-Unions.-Disclosures respecting them in Scot-

land and England

194

CHAPTER IV.

Liberty of the Press.—Primordial Right of Communion.—Journalism.—

High moral Obligations of Editors.-Temptations in the Way of Editors.

-Power of Leaders, good or bad, rests upon their seizing upon that

Principle which is the moving Agent of the Mass.-In what the Power

of leading Papers consists.-Conditions which give great Power to

single Papers.-Populous Capitals in Connection with the Influence of

Papers.—Obligation of Veracity peculiarly strong for Editors.—Political

Importance of gentlemanlike Tone.—Publishing private Letters.—Dan-

gers of Newspaper Flippancy.-The Political Position of the Clergy-

man.-Opinion of ancient Theologians.-How far the Clergyman ought

to share in the Politics of his Country .

BOOK V.

CHAPTER I.

Voting.-Principle of Unanimity; of Majority and Minority.-Deliberative

Procedures. All who have a Right to vote ought to vote.—Accord-

ing to what Rules.-(Election Statistics.)—Voting for Officers.-When

we ought to abstain from Voting.-Influencing Elections.-Canvassing.

205