Saturday, July 18, 2015

Francis Lieber to Senator Charles Sumner, March 5, 1864

New York, March 5, 1884.

I send you a copy of the amendments which I think, and many of which I have long thought, ought to be engrafted on our Constitution. I have endeavored to show the perfect propriety of making amendments, — the necessity of doing so; that our Rebellion arose out of two elements, slavery and State-rights doctrine, and that the points which we now must consider as settled and past all discussion are: that the integrity of our country and our nationality shall not be given up; that slavery must be extinguished. I have tried to show that no one within the American polity is sovereign, and that the word ought never to have slipped in, as Coke declared in the House of Commons, when the Bill of Rights was discussing, — that the English law does not know the word sovereign. I then showed that in a constitution we cannot get at this sovereignty except through the subject of allegiance. You will also find there the reason why I use the expression “plenary allegiance,” which, accurately speaking, is a pleonasm, since all modern allegiance is plenary, and double allegiance is nonsense. There you will also see why I bring in the crime of sedition. . . .

SOURCE: Thomas Sergeant Perry, Editor, The Life and Letters of Francis Lieber, p. 342

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