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of the Napoleonic "state and woe," and of the oppression of his native country. As a child his feelings were so impressed by the gloom of his family, that when the French entered Berlin in his sixth year, he was so moved by the spectacle as to be taken from the windows in a fit of loud sobbing. He himself relates another instance of sensibility in his life, when he first stood, in his youth, before the Madonna di San Sisto of Raphael, at Dresden. In a student's journey he walked there from Jena, living on bread and plums by the way. He was so overcome by his feelings before the picture, that his emotion attracted the attention of a lady, whom he afterwards discovered to be one of the daughters of the great Tieck. She spoke to him, and encouraged his sentiment.

The generous, sensitive nature of the boy was soon to be tried in a rugged school. At the age of fifteen, while he was studying medicine in the royal Pépinière, the war broke out anew against Napoleon. Lieber escaped the appointment of army-surgeon, which his youth revolted at, and entered as a volunteer with one of his brothers the regiment Colberg, which was stationed nearest the French frontier. He fought at Ligny and Waterloo, and received two severe wounds at the assault of Namur, on the 20th June. He was left for two days on the battle-field. On his return home he became a zealous follower of Dr. Jahn, while at the same time he prepared himself with ardor for the University of Berlin.

In 1819, soon after Sand's murder of Kotzebue had directed the attention of the government to the patriots, Lieber was arrested. After an imprisonment of four months he was dismissed, as it was stated "nothing could as yet be discovered against him," except general liberalism, while he was informed that he would not be permitted to study in a Prussian University, and that he could never expect "employment" in the state. He went to the University of Jena, where he took at once the degree of Doctor, to acquire the privileges of an academic citizen" of that institution.

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In 1820 the government informed him that he might pursue his studies in the University of Halle, but that he must never expect employment in "school or church." He passed his time here in the most retired way; yet the police interferences were so annoying that he resolved to live in Dresden. In the autumn of 1821 he travelled on foot through Switzerland to Marseilles with a view of embarking there as Philhellene" for Greece. After a life of great privations in Greece for several months, during which he was reduced to the utmost want, he found himself obliged to reëmbark for Italy, where, in the house of the Prussian minister, Niebuhr, at Rome (which held at that time the distinguished Bunsen as Secretary of Legation), he found the kindest reception. In Niebuhr's house he wrote his German work, Journal of my Sojourn in Greece in the year 1822. (Leipsig, 1823.) This work was translated into Dutch, with the tempting title of the German Anacharsis, with a fancy portrait of the author. The Dutch publisher sent a box of very old Hock to the author, as an acknowledgment of the profit he had made out of the involuntary Anacharsis.

After about a year's residence in Rome, Lieber travelled with Niebuhr to Naples and back to Germany, where, in spite of the most positive assur

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ances that henceforth he might live unmolested in Prussia, he was again imprisoned, in Köpnick, chiefly because he resolutely declined to give information concerning former associates. During this imprisonment, when he was allowed book and pen, he studied vigorously, reading Bayle's Dictionary and writing poems. When the investigation was over, he was offered a fellowprisoner as a companion; but he preferred his books and verses. At length Niebuhr was called from Bonn to assist the Prussian Council of State, and did not rest till he saw his friend once more out of prison. When Lieber was released he selected some of his poems, and sent them to Jean Paul, with whom he had no acquaintance, asking the veteran philosopher for a frank opinion. Not hearing from him, Lieber set down the silence for disapproval. He was soon obliged to leave the country, and many years afterwards, when he was settled in South Carolina, Mrs. Lee, the American author of the Life of Jean Paul, wrote to ask him whether he was the famous Lieber to whom Richter had addressed the beautiful and encouraging letter on certain poems of his composition. Upon inquiry it was found that Jean Paul had written to Lieber, but the letter had never reached him. Jean Paul was now dead, and Lieber, in a distant country, no more wrote German poetry. He penned, however, a sonnet on the occasion, which was widely circulated in Germany.

The poems written in prison be published in Berlin, under the assumed name of Franz Arnold.

Having been informed that a third arrest was pending, he took refuge, in 1825, in England, where he lived a year in London, supporting himself by literary labors, and as a private teacher. While in London he wrote a pamphlet, in German, on the Lancastrian method of instruction, and also contributed to several German periodicals and journals.

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and politics in several cities. He also founded a swimming school in Boston, according to the principles which General Pfuel, whose pupil he had been in Berlin, had introduced in the Prussian army. Dr. Lieber Dr. Lieber is a capital swimmer. He several times tried his skill with John Quincy Adams, when the latter was President of the United States.

In 1828 he commenced the publication, at Philadelphia, of the Encyclopædia Americana, which was completed in 1832. He took as his basis Brockhaus' Conversations-Lexicon. He then lived in Boston, where, not long after his arrival, he was visited by Justice Story, with whom a friendship sprang up, which continued during the life of the jurist. Story contributed many articles to the Encyclopædia, which are enumerated in his Life by his son, and feelingly acknowledged in Lieber's work on Civil Liberty and Self-Govern

ment.

While engaged in editing the cyclopædia he had occasion to address Joseph Buonaparte, then in this country, on some points respecting the life of Napoleon. This led to a considerable correspondence and a personal acquaintance, which Dr. Lieber has lately commemorated in an article in Putnam's Magazine on the publication of his deceased friend's correspondence.*

While in Boston he also published a translation of a French work on the July Revolution of 1830, and a translation of the Life of Caspar Hauser by Feuerbach,, one of the foremost writers on criminal law in Germany. This translation passed through several editions.

In 1832 Dr. Lieber removed to New York, where he wrote a translation of the work of his friends De Beaumont and De Tocqueville on the Penitentiary System in the United States, with an introduction and numerous notes, which, in turn, were translated in Germany. While in New York he received the honorable charge of writing a plan of education and instruction for Girard College, which was published by the board of directors, and forms a thin octavo volume. In 1834 he settled in Philadelphia, where he began a Supplement to his Encyclopædia; but the times proved inauspicious, during the bank derangement, and the publishers deferred the work for a time.

In Philadelphia he published two worksLetters to a Gentleman in Germany on a Trip to Niagara, republished in London as "The Stranger in America," a change made by the London publisher, and Reminiscences of an Intercourse with Niebuhr the Historian, also republished in London. The latter has been translated into German by Mr. Hugo, son of the jurist of the name.

In 1838-9 he published his Political Ethics at Boston in two large octavo volumes, with the usual typographical luxury of the press of Messrs. Little and Brown. This work is divided into two parts. The first treats of Ethics, general and political; the second, which goes more into detail, of the morals of the state and of the citizen. The grand rules of right are laid down according to the exalted code of principle and honor, as the various questions are passed in review, in which private morality is in contact with the law;

• Putnam's Monthly, Jan., 1855.

civil or social regulation. The work does not deal in abstractions, but discusses such topics as the liberty of the press, war and its manifold relations, voting, combinations for different purposes, the limitation of power, &c.

This was succeeded after a considerable interval in 1853 by a somewhat similar work on Civil Liberty and Self-Government, published at Philadelphia. It is a calmn, ingenious, rational analysis of the essential principles and forms of freedom in ancient and modern states; exhibiting a much abused idea in its practical_relation with the checks and counterchecks, and various machinery of political and legal institutions. As in his other works, the subject is everywhere illustrated by examples and deductions from history and biography, the author's wide reading and experience affording him, apparently, inexhaustible material for the purpose.

His Legal Hermeneutics or Principles of Interpretation and Construction in Law and Politics, is one of Dr. Lieber's chief works. The separation of interpretation from construction, and the ascertainment of principles peculiar to each, has been adopted by eminent American jurists, as Dr. Greenleaf in his work on Evidence.

His Essays on Labor and Property is one of his most important contributions to the science of political economy.

In 1844, Lieber visited Europe. While in Germany, he published two small works in German; one on Extra Mural and Intrà Mural Executions, in which measures were proposed which the Prussian government has adopted avowedly on his suggestion; and Fragments on Subjects of Penology, a term which was first used by Lieber for the science of punishment, and which has since been adopted both in Europe and America. In 1848 he again visited Europe, and while at Frankfort, published in German The Independence of the Law, The Judiciary, and a Letter on Two Houses of Legislature.

Of the numerous remaining publications of Lieber, we may mention his Translation of Ramshorn's Latin Synonymes, in use as a school-book; his interesting compilation-Great Events described by Great Historians or Eye- Witnesses; The Character of the Gentleman, which takes a wide view of the quality, carrying it into provinces of public and social life where it has been too often forgotten. He thus seeks the gentleman in war, in politics, diplomacy, on the bench, at the bar, and on the plantation.

His Essays on Subjects of Penal Law and the Penitentiary Systems, published by the Philadelphia Prison Discipline Society; on the Abuse of the Pardoning Power, re-published as a document by the Legislature of New York; Remarks on Mrs. Fry's Views of Solitary Confinement, published in England; a Letter on the Penitentiary System, published by the Legislature of South Carolina, are so many appeals to practical philanthropy.

To these are to be added a pamphlet addressed to Senator Preston, urging international copyright law; a Letter on Anglican and Gallican Liberty, translated into German with many notes and additions by Mittermaier, the German Criminalist and Publicist; a paper on the Vocal Sounds of Laura Bridgman, the Blind Deaf-Mute, com

pared with the Elements of Phonetic Language, published in the Smithsonian collections; a thin volume of English poetry, The West and Other Poems. If wanting in the ease and elegance of more polished productions, Dr. Lieber's occasional verses, like his other compositions, are marked by their force and meaning. Of one of them, an Ode on a proposed ship-canal between the Atlantic and Pacific, Prof. Longfellow remarked, "It is strong enough to make the canal itself if it could be brought to bear.”

In this enumeration, we have not mentioned the review and minor articles of Lieber; nor do we pretend to have given all the pamphlets which have proceeded from his active pen. Dr. Lieber in 1855 was engaged on an encyclopedical work of facts, to be entitled "The People's Dictionary of General Knowledge," which was never pub- . lished.

These various writings are severally characterized by the same qualities of ingenuity of thought, sound sense, and fertile illustration, drawn from books and intercourse with the world; and dependent to no inconsiderable degree, it may be added, upon a vigorous constitution and happy temperament.

In the just observation of Brockhaus' German Conversations-Lexicon "his works have a character wholly peculiar to themselves, since they are the result of German erudition and philosophical spirit, combined with English manliness and American liberty."

From 1835 to 1856, he was employed as Professor of History and Political Economy in South Carolina College at Columbia; to which was also added a professorship of Political Economy. In connection with this duty, Dr. Lieber delivered an Inaugural on "History and Political Economy as necessary branches of superior education in Free States," abounding in ingenious and learned suggestion. As the most concise indication of the spirit which he infused into the teaching of the liberal studies of his professorship, we may mention the furnishing and decorations of his lecture-room. This was, in some respects, unique, though its peculiarity was one which might be followed to advantage in all seats of learning. In place of the usual bare walls and repulsive accessories of education, it was supplied with busts of the great men of ancient and modern times, set upon pedestals, and bracketed on the walls, which also bore Latin inscriptions; while the more immediate utilities were provided for in the large suspended maps and blackboards. A handwriting on the wall exhibited the weighty and pithy aphorism

NON SCHOLE SED VITÆ VITÆ UTRIQUE.

Another on a panel saved by Dr. Lieber from the recent consumption by fire of the former College Chapel in which Preston, Legarė, and other distinguished men were graduated, recorded the favorite saying of Socrates in Greek characters

ΧΑΛΕΠΑ ΤΑ ΚΑΛΑ

The busts, to which each class as it entered College made an addition of a new one by a subscription, numbered Cicero, Shakespeare, Socrates, Homer, Demosthenes, Milton, Luther, and the American statesmen, Washington, Hamilton, Calhoun, Clay, McDuffie, and Webster. One of

the blackboards was assigned to the illustration of the doctor's historical lectures. It was called the "battle blackboard," and was permanently marked in columns headed, name of the war; in what country or province the battle; when; who victorious, over whom; effects of the battle; peace.

OSCAR MONTGOMERY LIEBER, a son of Dr. Lieber, has published several works in connexion with his profession of Mining Engineer. His Assayer's Guide, which appeared at Philadelphia in 1852, has met with distinguished success. His Report on the Survey of South Carolina reached a second edition in 1858.

THE GENTLEMANLY CHARACTER IN POLITICS AND INSTITUTIONS -FROM THE ADDRESS ON THE CHARACTER OF THE GENTLEMAN.

The greater the liberty is which we enjoy in any sphere of life, the more binding, necessarily, becomes the obligation of self-restraint, and consequently the more important all the rules of action which flow from our reverence for the pure character of the gentleman-an importance which is enhanced in the present period of our country, because one of its striking features, if I mistake not, is an intense and general attention to rights, without a parallel and equally intense perception of corresponding obligations. But right and obligation are twins-they are each other's complements, and cannot be severed without undermining the ethical ground on which we stand-that ground on which alone civilization, justice, virtue, and real progress can build enduring monuments. Right and obligation are the warp and the woof of the tissue of man's moral, and therefore likewise of man's civil life. Take out the one, and the other is in worthless confusion. We must return to this momentous principle, the first of all moral government, and, as fairness and calmness are two prominent ingredients in the character of the gentleman, it is plain that this reform must be materially promoted by a general diffusion of a sincere regard for that character. Liberty, which is nothing else than the enjoyment of unfettered action, necessarily leads to licentiousness without an increased binding power within; for liberty affords to man indeed a free choice of action, but it cannot absolve him from the duty of choosing what is right, fair, liberal, urbane, and handsome.

Where there is freedom of action, no matter in what sphere or what class of men, there always have been, and must be, parties, whether they be called party, school, sect, or "faction." These will necessarily often act against each other; but, as a matter of course, they are not allowed to dispense with any of the principles of morality. The principle that everything is permitted in politics is so shameless and ruinous for all, that I need not dwell upon it here. But there are a great many acts which, though it may not be possible to prove them wrong according to the strict laws of ethics, nevertheless appear at once as unfair, not strictly honorable, or ungentlemanlike, and it is of the utmost importance to the essential prosperity of a free country, that these acts should not be resorted to; that in the minor or higher assemblies and in all party struggles, even the intensest, we ought never to abandon the standard of a gentleman. It is all important that parties keep in "good humour," as Lord Clarendon said of the whole country. One deviation from fairness, candor, decorum, and "fair play," begets another and worse in the opponent, and from the kindliest difference in opinion to the fiercest struggle of factions sword in hand, is but one unbroken gra

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dual descent, however great the distance may be, while few things are surer to forestall or arrest this degeneracy than a common and hearty esteem of the character of the gentleman. We have in our country a noble example of calmness, truthfulness, dignity, fairness, and urbanity-the constituents of the character which occupies our attention, in the father of our country; for Washington, the wise and steadfast patriot, was also the high-minded gentleman. When the dissatisfied officers of his army informed him that they would lend him their support, if he was willing to build himself a throne, he knew how to blend the dictates of his oath to the commonwealth, and of his patriotic heart, with those of a gentlemanly feeling towards the deluded and irritated. In the sense in which we take the term here, it is not the least of his honors that, through all the trying periods and scenes of his remarkable life, the historian and moralist can write him down, not only as Washington the Great, not only as Washington the Pure, but also as Washington the Gentleman. must not omit mentioning, at least, the importance of a gentlemanly spirit in all international transactions with sister nations of our race-and even with tribes which follow different standards of conduct and morality. Nothing seems to me to show more irresistibly the real progress which human society has made, than the general purity of judges, and the improvement of the whole administration of justice, with the leading nations, at least, on the one hand, and the vastly improved morals of modern international intercourse, holding diplomatic fraud and international trickery, bullying, and pettifogging, as no less unwise than immoral. History, and that of our own times, especially, teaches us that nowhere is the vaporing braggadocio more out of place, and the true gentleman more in his proper sphere, than in conducting international affairs. Fairness on the one hand, and collected self-respect on the other, will frequently make matters easy, where swaggering taunt, or reckless conceit and insulting folly, may lead to the serious misunderstanding of entire nations, and a sanguinary end. The firm and dignified carriage of our Senate, and the absence of petty passion or vain-gloriousness in the British Parliament, have brought the Oregon question to a fair and satisfactory end-an affair which, but a short time ago, was believed by many to be involved in difficulties which the sword alone was able to cut short. Even genuine personal urbanity in those to whom international affairs are intrusted, is very frequently of the last importance for a happy ultimate good understanding between the mightiest

nations.

We may express a similar opinion with reference to war. Nothing mitigates so much its hardships, and few things, depending on individuals, aid more in preparing a welcome peace, than a gentlemanly spirit in the commanders, officers, and, indeed, in all the combatants towards their enemies, whenever an opportunity offers itself. I might give you many striking proofs, but I observe that my clepsydra is nearly run out. Let me merely add, as a fact worthy of notice, that political assassination, especially in times of war, was not looked upon in antiquity as inadmissible; that Sir Thomas More mentions the assassination of the hostile captain, as a wise measure resorted to by his Utopians; that the ambassadors of the British Parliament, and later, the Commonwealth-men in exile, were picked off by assassination; while Charles Fox, during the war with the French, arrested the man who offered to assassinate Napoleon, informed the French government of the fact, and sent the man out of the country; and Admiral Lord St. Vincent, the stern enemy of the French, di

rected his secretary to write the following answer to a similar offer made by a French emigrant: "Lord St. Vincent has not words to express the detestation in which he holds an assassin." Fox and Vincent acted like Christians and gentlemen.

race.

I have mentioned two cheering characteristics of our period, showing an essential progress in our I ought to add a third, namely, the more gentlemanly spirit which pervades modern penal laws. I am well aware that the whole system of punition has greatly improved, because men have made penology a subject of serious reflection, and the utter fallacy of many of the principles, in which our forefathers seriously believed, has at length been exposed. But it is at the same time impossible to study the history of penal law without clearly perceiving that punishments were formerly dictated by a vindictive ferocity-an ungentlemanly spirit of oppression. All the accumulated atrocities heaped upon the criminal, and not unfrequently upon his innocent kin, merely because he was what now would gently be called "in the opposition," make us almost hear the enraged punisher vulgarly utter, "Now I have you, and you shall see how I'll manage you." Archbishop Laud, essentially not a gentleman, but a vindictive persecutor of every one who dared to differ from his coarse views of State and Church, presided in the Star-Chamber, and animated its members when Lord Keeper Coventry pronounced the following sentence on Dr. Alexander Leighton, a Scottish divine, for slandering Prelacy: "that the defendant should be imprisoned in the Fleet during life-should be fined ten thousand pounds and, after being degraded from holy orders by the high commissioners, should be set in the pillory in Westminster-there be whipped-after being whipped, again be set in the pillory-have one of his ears cut off-have his nose slit-be branded in the face with a double S. S., for Sower of Sedition-afterwards be set in the pillory in Cheapside, and there be whipped, and after being whipped, again be set in the pillory and have his other ear cut off." The whole council agreed. There was no recommendation to pardon or mitigation. The sentence was inflicted. Could a gentleman have proposed, or voted for so brutal an accumulation of pain, insult, mutilation and ruin, no matter what the fundamental errors prevailing in penal law then were? Nor have I selected this, from other sentences, for its peculiar cruelty. Every student in history knows that they were common at the time, against all who offended authority, even unknowingly. Compare the spirit which could overwhelm a victim with such brutality, and all the branding, pillory, and whipping still existing in many countries, with the spirit of calmness, kindness, yet seriousness and dignity which pervades such a punitory scheme as the Pennsylvania eremitic penitentiary system, which for the very reason that it is gentlemanly, is the most impressive and penetrating, therefore the most forbidding of all.

Let me barely allude to the duties of the gentleman in those countries in which slavery still exists. Plato says, genuine humanity and real probity are brought to the test, by the behavior of a man to slaves, whom he may wrong with impunity. He speaks like a gentleman. Although his golden rule applies to all whom we may offend or grieve with impunity, and the fair and noble use of any power we may possess, is one of the truest tests of a gentleman, yet it is natural that Plato should have made the treatment of the slave the peculiar test, because slavery gives the greatest power. Cicero says we should use slaves no otherwise than we do our daylaborers.

THE SHIP CANAL-FROM THE ATLANTIC TO THE PACIFIC.

An Ode to the American People and their Congress, on reading the Message of the United States President in December, 1847.

Rend America asunder

And unite the Binding Sea

That emboldens Man and tempersMake the ocean free.

Break the bolt that bars the passage,
That our River richly pours
Western wealth to western nations;
Let that sea be ours-

Ours by all the hardy whalers,
By the pointing Oregon,

By the west-impelled and working,
Unthralled Saxon son.

Long indeed they have been wooing,
The Pacific and his bride;
Now 'tis time for holy wedding-

Join them by the tide.

Have the snowy surfs not struggled Many centuries in vain

That their lips might seal the union?
Lock then Main to Main.

When the mighty God of nature
Made this favored continent,
He allowed it yet unsevered,
That a race be sent,

Able, mindful of his purpose,
Prone to people, to subdue,
And to bind the land with iron,
Or to force it through.

What the prophet-navigator,
Seeking straits to his Catais,
But began, now consummate it--
Make the strait and pass.
Blessed the eyes that shall behold it,
When the pointing boom shall veer,
Leading through the parted Andes,
While the nations cheer!

There at Suez, Europe's mattock
Cuts the briny road with skill,
And must Darien bid defiance

To the pilot still?

Do we breathe this breath of knowledge Purely to enjoy its zest?

Shall the iron arm of science

Like a sluggard rest?

Up then, at it! earnest people!
Bravely wrought thy scorning blade,
But there's fresher fame in store yet,
Glory for the spade.
What we want is naught in envy,
And for all we pioneer;
Let the keels of every nation

Through the isthmus steer.
Must the globe be always girded
Ere we get to Bramah's priest?
Take the tissues of your Lowells
Westward to the East.

Ye, that vanquish pain and distance,
Ye, enmeshing Time with wire,
Court ye patiently for ever

Yon Antarctic ire?

Shall the mariner for ever
Double the impending capes,

While his longsome and retracing Needless course he shapes?

What was daring for our fathers,
To defy those billows fierce,
Is but tame for their descendants;
We are bid to pierce.

Ye that fight with printing armies,
Settle sons on forlorn track,
As the Romans flung their eagles,
But to win them back.

Who, undoubting, worship boldness,
And, if baffled, belder rise,
Shall we lag when grandeur beckons
To this good emprize!

Let the vastness not appal us;
Greatness is thy destiny.
Let the doubters not recall us;
Venture suits the free.

Like a seer, I see her throning, WINLAND strong in freedom's health, Warding peace on both the waters, Widest Commonwealth.

Crowned with wreaths that still grow greener,
Guerdon for untiring pain,

For the wise, the stout, and steadfast:
Rend the land in twain.

Cleave America asunder,

This is worthy work for thee. Hark! The seas roll up imploring "Make the ocean free."

the

In 1856, Dr. Lieber retired from his Professorship of History and Political Economy in the College of South Carolina, and came with his family to New York, where, in 1857, he was appointed Professor of History and Political Science in Columbia College. He delivered, in February, 1858, an inaugural address on entering upon the duties. of this new position. In this discourse, which was printed by order of the trustees, he passed in review the elements of political economy and political philosophy, showing the tendencies of modern thought, and handling with great acumen the theories of the day on these subjects, and, in particular, illustrating the "true and ever active principles" of individualism and socialism, maintenance of which, in their proper degree and relation, he considered essential to the wellbeing of the state. On the organization of the law school attached to the college, in 1859, Dr. Lieber was also appointed in that department professor of political science. An introductory discourse to a course of lectures on the State, in the winter of 1859-60, before the students of this institution, has been published. It is entitled The Ancient and Modern Teacher of Politics, and is an earnest vindication of the paramount utility of the philosophical pursuit of statesmanship in modern communities. The topic, as usual with the author, is illustrated by a variety of pregnant illustrations, the argument being constantly enforced by authority and example. In 1861, two other lectures

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