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 they have inherited it, not as a notion, but as a body of institutions. It has been borrowed and imitated by the military and police state of the European continent so fast as they have felt the influence of the expanding industrial civilization; but they have realized it only imperfectly, because they have no body of local institutions or traditions, and it remains for them as yet too much a matter of "declarations" and pronunciamentos.

The notion of civil liberty which we have inherited is that of a status created for the individual by laws and institutions, the effect of which is that each man is guaranteed the use of all his own powers exclusively for his own welfare. It is not at all a matter of elections, or universal suffrage, or democracy. All institutions are to be tested by the degree to which they guarantee liberty. It is not to be admitted for a moment that liberty is a means to social ends, and that it may be impaired for major considerations. Any one who so argues has lost the bearing and relation of all the facts and factors in a free state. A human being has a life to live, a career to run. He is a centre of powers to work, and of capacities to suffer. What his powers may