William Graham Sumner on civil liberty

"Watch out for the backswing, kid." by Pat Oliphant (September 17, 2001).
Image credit: American Bar Association: Civil Liberties in Times of Crisis

We may now, then, advance a step in our conception of civil liberty. It is the status in which we find the true adjustment of rights between classes and individuals. Historically, the conception of civil liberty has been constantly changing. The notion of rights changes from one generation to another and the conception of civil liberty changes with it. If we try to formulate a true definition of civil liberty as an ideal thing towards which the development of political institutions is all the time tending, it would be this: Civil liberty is the status of the man who is guaranteed by law and civil institutions the exclusive employment of all his own powers for his own welfare.

This definition of liberty or civil liberty, you see, deals only with concrete and actual relations of the civil order. There is some sort of a poetical and metaphysical notion of liberty afloat in men’s minds which some people dream about but which nobody can define. In popular language it means that a man may do as he has a mind to. When people get this notion of liberty into their heads and combine with it the notion that they live in a free country and ought to have liberty, they sometimes make strange demands upon the state. If liberty means to be able to do as you have a mind to, there is no such thing in this world. Can the Czar of Russia do as he has a mind to? Can the Pope do as he has a mind to? Can Rothschild do as he has a mind to? Could a Humboldt or a Faraday do as he had a mind to? Could a Shakespeare or a Raphael do as he had a mind to? Can a tramp do as he has a mind to? Where is the man, whatever his station, possessions, or talents, who can get any such liberty? There is none. There is a doctrine floating in our literature that we are born to the inheritance of certain rights. That is another glorious dream, for it would mean that there was something in this world which we got for nothing. But what is the truth? We are born into no right whatever but what has an equivalent and corresponding duty right alongside of it. There is no such thing on this earth as something for nothing. Whatever we inherit of wealth, knowledge, or institutions from the past has been paid for by the labor and sacrifice of preceding generations; and the fact that these gains are carried on, that the race lives and that the race can, at least within some cycle, accumulate its gains, is one of the facts on which civilization rests. The law of the conservation of energy is not simply a law of physics; it is a law of the whole moral universe, and the order and truth of all things conceivable by man depends upon it. If there were any such liberty as that of doing as you have a mind to, the human race would be condemned to everlasting anarchy and war as these erratic wills crossed and clashed against each other. True liberty lies in the equilibrium of rights and duties, producing peace, order, and harmony. As I have defined it, it means that a man’s right to take power and wealth out of the social product is measured by the energy and wisdom which he has contributed to the social effort.
— William Graham Sumner as Chair of Political and Social Science at Yale University in his speech “The Forgotten Man” delivered in Brooklyn, New York on January 30, 1883 and New Haven, Connecticut on February 8 or 9, 1883. Available in The Forgotten Man: Rediscovered after fifty years, (New Haven, Connecticut: Yale University Press, 1919), p. 7. Adapted from a collection of essays contracted by Harper’s Weekly in the fall of 1882, written in January 1883, serialized in the spring of 1883, and published as What Social Classes Owe to Each Other (New York: Harper & Brothers, 1883).