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according acknowledged action administration adopted ages allowed American ancient Anglican appears appointment army authority become believe belongs body called carried CHAPTER character citizen civil liberty common common law considered consists constitution course court decided desire despotism distinct election element England English equality established executive exist express fact forms France freedom French frequently give given guarantees hand humanity idea important independence individual instance institution interest judge jury justice late legislative legislature lord matter means ment mentioned monarchical natural necessary never observed officer organic parliament party passed penal trial period person political popular position possible practical present president principle prisoner protection question reader reason reference remarkable representative requires rule self-government senate sense society speak term things tion trial United vote whole
Página 203 - No Freeman shall be taken, or imprisoned, or be disseised of his Freehold, or Liberties, or free Customs, or be outlawed, or exiled, or any otherwise destroyed; nor will we pass upon him, nor condemn him, but by lawful Judgment of his Peers, or by the Law of the Land. We will sell to no man, we will not deny or defer to any man either Justice or Right.
Página 101 - The spirit of liberty is, indeed, a bold and fearless spirit; but it is also a sharp-sighted spirit; it is a cautious, sagacious, discriminating, far-seeing intelligence; it is jealous of encroachment, jealous of power, jealous of man. It demands checks; it seeks for guards; it insists on securities; it intrenches itself behind strong defences, and fortifies itself with all possible care against the assaults of ambition and passion.
Página 31 - We come thus to the conclusion that liberty, applied to political man, practically means, in the main, protection or checks against undue interference, whether this be from individuals, from masses, or from government. The highest amount of liberty comes to signify the safest guaranties of undisturbed legitimate action, and the most efficient checks against undue interference" : Lieb'er on Civil Liberty and SelfGovernment, Woolsey's 3d ed., 24, 29.
Página 54 - Accordingly," says Lieber in his work on Civil Liberty and Self-Government, 62, in speaking of the English law in this respect, "no man's house can be forcibly opened, or he or his goods be carried away after it has thus been forced, except in cases of felony, and then the sheriff must be furnished with a warrant, and take great care lest he commit a trespass. This principle is jealously insisted upon.
Página 101 - ... and passion. It does not trust the amiable weaknesses of human nature, and therefore it will not permit power to overstep its prescribed limits, though benevolence, good intent, and patriotic purpose come along with it. Neither does it satisfy itself with flashy and temporary resistance to illegal authority. Far otherwise. It seeks for duration and permanence. It looks before and after; and, building on the experience of ages which are past, it labors diligently for the benefit of ages to come.
Página 101 - ... the power of government itself as on that of individuals. If we will abolish the distinction of branches, and have but one branch; if we will abolish jury trials, and leave all to the judge; if we will then ordain that the legislator shall himself be that judge; and if we will place the executive power in the same hands, we may readily simplify government.
Página 21 - Liberty, in its absolute sense, means the faculty of willing and the power of doing^ what has been willed, without influence from any other source, or from without.
Página 196 - I was a countryman of those who knew so well how to regulate and control themselves ; and I could not help entertaining a hope that those foreign visitors who have done us and themselves the honour of assisting at this great ceremonial might, upon this occasion, as upon the 1st of May, 1851, bear witness back to their own country how safely and to what extent a people might be relied upon in whom the strongest hold of their Government was their own reverence and respect for the free institutions...