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Main currents in American thought An interpretation of American literature from the beginnings to 1920

Vernon Louis Parrington

many sanctions of the relation by the Deity himself, does seem to me to be little short of blasphemous! It is a direct imputation upon the wisdom and justice, as well as the declared ordinances of God, as they are written in the inspired oracles, to say nothing of their manifestation in the universe around us. (_Ibid._, Vol. II, p. 83.) It is doubtful wisdom for the layman to meddle with Scripture. Stephens was a sounder interpreter of the writings of the constitutional fathers than of the will of God. A careful historian devoted to a single idea rather than a creative political thinker; a thorough democrat of the Jeffersonian school, humanitarian, liberty-loving, courageous; a man who devoted his life to the preservation of constitutional liberty as it had taken shape before the industrial revolution unsettled the basis of modern life, Alexander H. Stephens was an honest gentleman who bravely defended the traditions of the South in the face of a new order. He was of an earlier generation, instinctively hostile to all consolidation, which, under the impulse of economic evolution, was obliterating state lines, gathering financial power in great reservoirs, and creating a new alignment between labor and capital. With such evolution it was axiomatic that political practice should follow economic fact; that a consolidating wealth should create a consolidated political state. Great enterprises with ramifications in every section would not long tolerate a multitude of state sovereignties; sovereignty must be centralized at Washington where it could be guided and controlled. The war only hastened what in the nature of things was inevitable. Stephens rightly insisted that slavery was only the immediate _casus belli_. The deeper cause was the antagonistic conceptions of the theory and functions of the political state that emerged from antagonistic economic systems. That the principle of local self-government should have been committed to the cause of slavery, that it was loaded with an incubus certain to alienate the liberalism of the North, may be accounted one of the tragedies of American history. It was disastrous to American democracy, for it removed the last brake on the movement of consolidation, submerging the democratic individualism of the South in an unwieldy mass will, and surrendering the country to the principle of capitalistic exploitation. Stephens never seems to have realized this grave mistake in strategy. He never realized that the principle of democracy, in the cause of which he believed that he was faithful to the end, received a staggering blow from the enlistment of northern liberalism under the banners of a consolidating nationalism. He remained to the last an unreconstructed Jeffersonian, convinced that the lost cause was the cause of liberal democracy. IV • Francis Lieber • A New-Modeled Federalism To turn from Calhoun and Stephens to Francis Lieber is to pass from the South to the North, from an obsolescent political theory to a prophetic conception, from the doctrine of states rights to the principle of an evolving state that draws all lesser sovereignties into its orbit by the law of attraction. Joseph Story had educed the legal conception of the organic nature of the federal union from the terms of the Constitution; Francis Lieber provided a philosophical background that justified the same conclusion; and under the combined legal and philosophical attack the compact theory found its philosophical breastworks leveled, its natural-rights theory undermined, and its commanding position effectively turned. The figure of our first academic political philosopher appears oddly out of place in the midst of South Carolina politicians, yet fate set the studious German in the thick of the Fire Eaters, to cogitate a philosophy of freedom in the land of slavery, and to justify the spirit of nationalism amongst the advocates of particularism. For twenty-one years he lived quietly in his southern classroom and study, disregarding the passions that buzzed about him, elaborating ideas that in later years came to exercise a determining influence upon our academic political thinkers, and publishing ponderous volumes that marked the beginning of the swing away from the natural-rights philosophy and towards the conception of an engrossing political state. Applying German liberalism to American constitutionalism, he succeeded in new-modeling the Federalism of Hamilton and sending it forth to meet the needs of an imperializing generation. He agreed with Calhoun in the latter’s attack on French romantic theories; he agreed with Webster in the conception of the organic nature of the federal compact; but he went further and elaborated a theory of the state as an historical development that receives its form and spirit from the impress of social needs. Building on a foundation provided by Montesquieu and Burke, guided by Hamilton and Marshall, he set about erecting a structure that in the hands of Theodore Woolsey and John W. Burgess came to overtop all local and state sovereignties--an imperial authority that, in the words of Burgess, must become “the organ of interpretation in last instance of the order of life for its subjects” (Merriam, _American Political Theories_, p. 299). In that subtle shift of vocabulary from citizen to subject appears the final result of the speculations begun by Lieber, which in rejecting the natural-rights philosophy overthrew the defenses erected by the eighteenth century against an engrossing political state, and set the individual citizen at the mercy of a new divine-right sovereignty. “Really the state cannot be conceived,” according to Burgess, “without sovereignty, _i.e._ without unlimited power over its subjects; that is its very essence” (Merriam, _American Political Ideas: 1865-1917_, p. 380). Between the democratic Stephens and the imperializing Burgess stands the work of Francis Lieber. Born in Germany in the year 1800, son of a well-to-do Berlin family, Lieber’s youth and young manhood fell in stirring times. When only fifteen he served in the Waterloo campaign under Blücher, was wounded, stricken with typhus, and nearly lost his life. From those perilous experiences he emerged a pronounced liberal. During the Metternich reaction he fell under suspicion, served a prison term for his political opinions, graduated from the University of Jena, and in 1822 went to Greece with a group of young German idealists to serve the cause of revolution. Disgusted with the Greek character he made his way to Italy, fell in with the historian Niebuhr, became tutor to the latter’s son for a year, continued his university studies, was a second time imprisoned, and finally in 1826 quitted a hopelessly reactionary Germany, spent a year in England, and then emigrated to America, following the example of Prof. Charles Follen. In Boston he taught gymnastics for a time, edited the _Encyclopedia Americana_, and in 1835 was appointed to the professorship of history and political economy in South Carolina College. Here he remained till 1856, teaching, writing, and acquiring academic fame. In 1855 he aspired to the presidency of the college, a post then vacant, but his political theories were in disrepute with the legislature, and his views on slavery were under general suspicion. Becoming embroiled with the politicians, he lost the post, resigned his professorship, and went to New York City, and in 1857 he was called to the new chair of history and political science at Columbia, where he remained till his death in 1872. The two books on which rests his reputation, _Political Ethics_ (1838-1839) and _Civil Liberty and Self-Government_ (1853), are substantial volumes quite lacking the genial note that marks his _Stranger in America_ (1834), a series of sketchy letters that among other things contains an extraordinarily vivid account of his experiences at Waterloo (_Letters VI, VII_). To a casual reader these excursions into the philosophy of politics are as soberly respectable as a judge’s wig, as studiously conventional as a professor’s gown. He went about the business of blowing up the accepted Jeffersonian philosophy decently, in the name of the law and under the high sanction of liberty. There can be no doubt that this German liberal was a passionate lover of liberty, and no doubt of his conviction that freedom is possible only in a society under the reign of law. Like Hamilton, he had no local ties or state loyalties to circumscribe his political allegiance. It was natural for him to think in terms of nationality. His bitter experience in Germany had laid open to him the fatal weakness of petty states, and he was loath to see repeated in America the history of warring antagonisms that disrupted the German people. He was a profound admirer of the British constitution, more English than German in his conception of liberty. The nationalism of Lieber was identical with that of John Adams. It was, in a phrase, government by law. But this government by law was both political and legal. The former, he believed, was admirably provided for by the federal Constitution; the latter was equally provided for by the body of the Common Law; with these twin safeguards, he was convinced, the liberty of the citizen was assured. In his interpretation of the Constitution Lieber added little that was new. He followed the older Federalists back to Montesquieu, and accepted the existing system of constitutional checks as the final word of political wisdom. In _Civil Liberty and Self-Government_ he glorifies the federal system as the apotheosis of representative republicanism, quite unconcerned at its undemocratic features. The sufficiency of the Common Law to all social needs and the implicit sovereignty of the judiciary, he regards as equally axiomatic. “The law,” he says, “must be the lord and our ‘earthly god,’ and not a man, a set of men, or the multitude” (_Civil Liberty and Self-Government_, p. 208). Yet with the common blindness of the legalist, he proceeds to erect a profession above society, and exalts a group of judges, appointive and not elective, preferably holding office for life, as the embodiment of impartial justice. That it is a presumption contrary to fact seems not to have entered his mind. That judicial interpretation implies judicial legislation, and that judicial legislation implies the sovereignty of lawyers, are logical deductions of which his philosophy made no account. Unfriendly to a democracy, he was content to yield authority into the hands of the judiciary. But if in his exaltation of the Common Law he was as extreme a legalist as Hugh Legaré, in his doctrine of historical evolution he discovered the seeds of freedom in what he calls institutions. By these he means the organic expressions of daily life, or the customs of society which take spontaneous form from its needs. It is no other than the social fabric that Tom Paine was fond of contrasting, in its pervasive and beneficent coöperation, with the repressive tyrannies of the political state. Where liberty reposes thus in the social fabric, Lieber argues, the sovereign power is held in check; and where institutional freedom has not taken root, the political state will run into absolutism. “Liberty,” he argues, “is a thing that grows, and institutions are its very garden beds. There is no liberty which as a national blessing has leaped into existence in full armor like Minerva from the head of Jove. Liberty is crescive in its nature. It takes time, and is difficult, like all noble things.... It must be defended, developed, conquered, and bled for. It can never be added, like a mere capital on a column; it must pervade the whole body” (_Civil Liberty and Self-Government_,