Page:Forgotten Man and Other Essays.djvu/479

 that some persons' lives, rights, interests and happiness were sacrificed to other persons' cupidity and lust. What have our ancestors been striving for, under the name of civil liberty, for the last five hundred years? They have been striving to bring it about that each man and woman might live out his or her life according to his or her own notions of happiness and up to the measure of his or her own virtue and wisdom. How have they sought to accomplish this? They have sought to accomplish it by setting aside all arbitrary personal or class elements and introducing the reign of law and the supremacy of constitutional institutions like the jury, the habeas corpus, the independent judiciary, the separation of church and state, and the ballot. Note right here one point which will be important and valuable when I come more especially to the case of the Forgotten Man: whenever you talk of liberty, you must have two men in mind. The sphere of rights of one of these men trenches upon that of the other, and whenever you establish liberty for the one, you repress the other. Whenever absolute sovereigns are subjected to constitutional restraints, you always hear them remonstrate that their liberty is curtailed. So it is, in the sense that their power of determining what shall be done in the state is limited below what it was before and the similar power of other organs in the state is widened. Whenever the privileges of an aristocracy are curtailed, there is heard a similar complaint. The truth is that the line of limit or demarcation between classes as regards civil power has been moved and what has been taken from one class is given to another.

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