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On Civil Liberty and Self-Government

Lieber discusses the nature of civil iberty, its history, the rule of law, parliament, the independence of the judiciary, and includes a nuber of English, American, and French constitutinal documents.

On Civil Liberty and Self-Government, 3rd revised edition, ed. Theodore D. Woolsey (Philadelphia: J.B. Lippincott & Co., 1883).

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Author: Francis Lieber
Editor: Theodore D. Woolsey

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INTRODUCTION to THE THIRD EDITION.
CONTENTS.
on CIVIL LIBERTY and SELF-GOVERNMENT.
chapter i.: introductory.
chapter ii.: definitions of liberty.
chapter iii.: the meaning of civil liberty.
chapter iv.: ancient and modern liberty.—ancient, medieval, and modern states.
chapter v.: anglican liberty.
chapter vi.: national independence—personal liberty.
chapter vii.: bail.—penal trial.
chapter viii.: high treason.
chapter ix.: communion.—locomotion, emigration.
chapter x.: liberty of conscience.—property:—supremacy of the law.
chapter xi.: quartering soldiers.—the army.
chapter xii.: petition.—association.
chapter xiii.: publicity.
chapter xiv.: supremacy of the law.—taxation.—division of power.
chapter xv.: responsible ministers.—courts declaring laws unconstitutional.—representative government.
chapter xvi.: representative government, continued.—basis of property.—direct and indirect elections.
chapter xvii.: parliamentary law and usage.—the speaker.—two houses.—the veto.
chapter xviii.: independence of the judiciary.—the law jus, common law.
chapter xix.: independence of jus, self-development of law, continued.—accusatorial and inquisitorial trials.—independence of the judge.
chapter xx.: independence of jus, continued.—trial by jury.—the advocate.
chapter xxi.: self—government.
chapter xxii.: american liberty.
chapter xxiii.: in what civil liberty consists, proved by contraries.
chapter xxiv.: gallican liberty.—spreading of liberty.
chapter xxv.: the institution.—its definition.—its power for good and evil.
chapter xxvi.: the institution, continued.—institutional liberty.—institutional local self-government.
chapter xxvii.: effects and uses of institutional self-government.
chapter xxviii.: dangers and inconveniences of institutional self-government.
chapter xxix.: advantages of institutional government, farther considered.
chapter xxx.: institutional government the only government which prevents the growth of too much power.—liberty, wealth, and longevity of states.
chapter xxxi.: insecurity op uninstitutional governments.—unorganized inarticulated popular power.
chapter xxxii.: imperatorial sovereignty.
chapter xxxiii.: imperatorial sovereignty, continued.—its origin and character examined.
chapter xxxiv.: centralization.—influence of capital cities.
chapter xxxv.: vox populi vox dei.
APPENDIX.
APPENDIX I.: a paper on elections, election statistics, and general votes of yes or no.
APPENDIX II.: a paper on the abuse of the pardoning power.
APPENDIX III.: a paper on subjects connected with the inquisitorial trial and the laws of evidence.
APPENDIX IV.: MAGNA CHARTA OF KING JOHN, fifteenth day of june, in the seventeenth year of the king's reign, a.d. 1215.
MAGNA CHARTA, THE GREAT CHARTER, (translated as in the statutes at large,) made in the ninth year of king henry the third, and confirmed by king edward the first, in the five and twentieth year of his reign.
chapter i.: A Confirmation of Liberties.
chapter ii.: The Relief of the King's Tenant of full Age.
chapter iii.: The Wardship of the Heir within Age. The Heir a Knight.
chapter iv.: To waste shall be made by a Guardian in waste lands.
chapter v.: Guardians shall maintain the Inheritance of Wards. Of Bishoprics, c.
chapter vi.: Heirs shall be Married without Disparagement.
chapter vii.: A Widow shall have her Marriage, Inheritance, and Quarantine, The King's Widow, c.
chapter viii.: How Sureties shall be charged to the King.
chapter ix.: The Liberties of London and other Cities and Towns confirmed.
chapter x.: None shall distrain for more Service than is due.
chapter xi.: Common Pleas shall not follow the King's Court.
chapters xii. xiii.: When and before whom Assizes shall be taken. Adjournment for Difficulty. Assizes of Darrein Presentment.
chapter xiv.: How Men of all sorts shall be amerced, and by whom.
chapters xv. xvi.: Making and defending of Bridges and Banks.
chapter xvii.: Holding Pleas of the Crown.
chapter xviii.: The Kings Debtor dying, the King shall be first paid.
chapters xix., xx., xxi.: Purveyors for a Castle. Doing of Castle-ward. Taking of Horses, Carts, and Woods.
chapter xxii.: How long Felons' Lands shall be holden by the King.
chapter xxiii.: In what places Wears shall be put down.
chapter xxiv.: In what case a Præcipe in Capite is grantable.
chapter xxv.: There shall be but one Measure through the Realm.
chapter xxvi.: Inquisition of Life and Member.
chapter xxvii.: Tenure of the King in Socage, and of another by Knight's Service. Petit Serjeanty.
chapter xxviii.: Wager of Law shall not be without witness.
chapter xxix.: None shall be condemned without Trial. Justice shall not be sold or deferred.1
chapter xxx.: Merchant Strangers coming into this Realm shall be well used.
chapter xxxi.: Tenure of a Barony coming into the King's hands by Escheat.
chapter xxxii.: Lands shall not be Aliened to the Prejudice of the Lord's Service [i. e. Lord of the Fee].
chapter xxxiii.: Patrons of Abbeys shall have the custody of them in time of Vacation.
chapter xxxiv.: In what cases only a Woman shall have an Appeal of Death.
chapter xxxv.: At what time shall be kept a County Court, a Sheriff's Term, and a Leet.
chapter xxxvi.: No Land shall be given in Mortmain.
chapter xxxvi.: A Subsidy in respect of this Charter and the Charter of the Forest granted to the King.
CONFIRMATIO CHARTARUM. anno vicesimo quinto edv. i.
cap. v.
cap. vi.
APPENDIX V.: the petition of right.1
APPENDIX VI.: an act for the better securing the liberty of the subject, and for prevention of imprisonments beyond the seas, commonly called “the habeas corpus act.”1
31 ch. ii., Ch. 2, may, 1679.
APPENDIX VII.: bill of rights, passed 1 william and mary, sess. 2, ch. 2, 1689.
an act fob declaring the rights and liberties of the subject, and settling the succession of the crown.
1 w. m., 1689.
APPENDIX VIII.: a declaration by the representatives of the united states of america in congress assembled.
APPENDIX IX.: articles of confederation and perpetual union between the states.
article i.
article ii.
article iii.
article iv.
article v.
article vi.
article vii.
article viii.
article ix.
article x.
article xi.
article xii.
article xiii.
APPENDIX X.: constitution of the united states of america.
article i.
article ii.
article iii.
article iv.
article v.
article vi.
article vii.
Articles in addition to, and amendment of, the Constitution of the United States of America, proposed by Congress, and ratified by the Legislatures of the several States, pursuant to the fifth article of the original Constitution.
article i.
article ii.
article iii.
article iv.
article v.
article vi.
article vii.
article viii.
article ix.
article x.
article xi.
article xii.
article xiii.
article xiv.
article xv.
APPENDIX XI.: the french constitution, adopted and proclaimed on the twenty-fourth of june 1793. the first republican constitution
DECLARATIONS OF THE RIGHTS OF MAN AND OF CITIZENS.
CONSTITUTION of the twenty-fourth of june, 1793.
of the republic.
of the division of the people.
of the right of citizenship.
of the sovereignty of the people.
of the primary assemblies.
of the national representation.
of the electoral assemblies.
of the legislative body.
mode of procedure of the legislative body.
of the functions of the legislative body.
of the making of laws.
of the superscription of laws and decrees.
of the executive power.
of the mutual relations between the executive council, and the legislative body.
of the administrative authorities and the municipalities.
of civil justice.
of criminal justice.
of the court of cassation.
of the general taxes.
of the national treasury.
of the rendition of accounts.
of the military forces of the republic.
of the national convention.
of the relations of the french republic towards foreign nations.
of the guaranty of rights.
APPENDIX XII.: french charter of louis xviii. and that adopted in the year 1830.
FRENCH CHARTER OF 1830.
declaration of the chamber of deputies.
public law of the french.
forms of the king's government.
of the chamber of peers.
of the chamber of deputies.
of the ministers.
judicial regulations.
particular rights guaranteed by the state.
APPENDIX XIII.: constitution of the french republic. adopted november, 1848.
CONSTITUTION.
chapter i.: of sovereignty.
chapter ii.: rights of citizens guaranteed by the constitution.
chapter iii.: of public power.
chapter iv.: of the legislative power.
chapter v.: of the executive power.
chapter vi.: of the council of state.
chapter vii.: of the interior administration.
chapter viii.: of the judiciary power.
chapter ix.: of the public forces.
chapter x.: special regulations.
chapter xi.: of the revision of the constitution.
chapter xii.: transitory arrangements.
APPENDIX XIV.: the present constitution of france.
LOUIS NAPOLEON, president of the republic. In the name of the French People.1
chapter i.
chapter ii.: forms of the government of the republic.
chapter iii.: of the president of the republic.
chapter iv.: of the senate.
chapter v.: of the legislative body.
chapter vi.: of the council of state.
chapter vii.: of the high court of justice.
chapter viii.: general and transitory clauses.
THIRD DIVISION.—OF THE LEGISLATIVE BODY.
chapter i.: meeting of the legislative body, formation and organization of the bureaus, and verification of the powers.
chapter ii.: presentation, discussion, and vote of bills.
chapter iii.: messages and proclamations addressed to the legislative body by the president of the republic.
chapter iv.: minutes.
APPENDIX XV.: report of the french senatorial committee on the petitions to change the republic into an empire, in november, 1852,1 and the senatus-consultum adopted in conformity with it.
SENATUS-CONSULTUM.
senatus-consultum. Proposition to modify the Constitution, in conformity with Articles 31 and 32.
APPENDIX XVI.: letter of the french minister of the interior, mr. de morny, addressed to the prefects of the deparments in the year 1852.

On Civil Liberty and Self-Government

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