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Jan 30, 1883

Civil Liberty and Social Bonds

In this excerpt from an 1883 speech, Sumner discusses the nature of liberty and the implications of the transition from a status-based society to one based on contract.

Now what has been amiss in all the old arrangements? The evil of the old military and aristocratic governments was that some men enjoyed the fruits of other men’s labor; that some other 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 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 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 the President of the United States 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 about 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 wars 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.

Now if I have set this idea before you with any distinctness and success, you see that civil liberty consists of a set of civil institutions and laws which are arranged to act as impersonally as possible. It does not consist in majority rule or in universal suffrage or in elective systems at all. These are devices which are good or better just in the degree in which they secure liberty. The institutions of civil liberty leave each man to run his career in life in his own way, only guaranteeing to him that whatever he does in the way of industry, economy, prudence, sound judgment, etc., shall redound to his own welfare and shall not be diverted to some one else’s benefit. Of course it is a necessary corollary that each man shall also bear the penalty of his own vices and his own mistakes. If I want to be free from any other man’s dictation, I must understand that I can have no other man under my control.

Now with these definitions and general conceptions in mind, let us turn to the special class of facts to which, as I said at the outset, I invite your attention. We see that under a regime of liberty and equality before that law, we get the highest possible development of independence, self-reliance, individual energy, and enterprise, but we get these high social virtues at the expense of old sentimental ties which used to unite baron and retainer, master and servant, sage and disciple, comrade and comrade. We are agreed that the son shall not be disgraced even by the crime of the father, much less by the crime of a more distant relative. It is a humane and rational view of things that each life shall stand for itself alone and not be weighted by the faults of another, but it is useless to deny that this view of things is possible only in a society where the ties of kinship have lost nearly all the intensity of poetry and romance which once characterized them. The ties of sentiment and sympathy also have faded out. We have come, under the regime of liberty and equality before the law, to a form of society which is based not on status, but on free contract. Now a society based on status is one in which classes, ranks, interests, industries, guilds, associations, etc., hold men in permanent relations to each other. Custom and prescription create, under status, ties, the strength of which lies in sentiment. Feeble remains of this may be seen in some of our academical societies to-day, and it is unquestionably a great privilege and advantage for any man in our society to will an experience of the sentiments which belong to a strong and close association, just because the chances for such experience are nowadays very rare. In a society based on free contract, men come together as free and independent parties to an agreement which is of mutual advantage. The relation is rational, even rationalistic. It is not poetical. It does not exist from use and custom, but for reasons given, and it does not endure by prescription but ceases when the reason for it ceases. There is no sentiment in it at all. The fact is that, under the regime of liberty and equality before the law, there is no place for sentiment in trade or politics as public interests. Sentiment is thrown back into private life, into personal relations, and if ever it comes into a public discussion of an impersonal and general public question it always produces mischief.

Now you know that “the poor and the weak” are continually put forward as objects of public interest and public obligation. In the appeals which are made, the terms “the poor” and “the weak” are used as if they were terms of exact definition. Except the pauper, that is to say, the man who cannot earn his living or pay his way, there is no possible definition of a poor man. Except a man who is incapacitated by vice or by physical infirmity, there is no definition of a weak man. The paupers and the physically incapacitated are an inevitable charge on society. About them no more need be said. But the weak who constantly arouse the pity of humanitarians and philanthropists are the shiftless, the imprudent, the negligent, the impractical, and the inefficient, or they are the idle, the intemperate, the extravagant, and the vicious. Now the troubles of these persons are constantly forced upon public attention, as if they and their interests deserved especial consideration, and a great portion of all organized and unorganized effort for the common welfare consists in attempts to relieve these classes of people. I do not wish to be understood now as saying that nothing ought to be done for these people by those who are stronger and wiser. That is not my point. What I want to do is to point out the thing which is overlooked and the error which is made ill all these charitable efforts. The notion is accepted as if it were not open to any question that if you help the inefficient and vicious you may gain something for society or you may not, but that you lose nothing. This is a complete mistake. Whatever capital you divert to the support of a shiftless and good-for-nothing person is so much diverted from some other employment, and that means from somebody else. I would spend any conceivable amount of zeal and eloquence if I possessed it to try to make people grasp this idea. Capital is force. If it goes one way it cannot go another. If you give a loaf to a pauper you cannot give the same loaf to a laborer. Now this other man who would have got it but for the charitable sentiment which bestowed it on a worthless member of society is the Forgotten Man. The philanthropists and humanitarians have their minds all full of the wretched and miserable whose case appeals to compassion, attacks the sympathies, takes possession of the imagination, and excites the emotions. They push on towards the quickest and easiest remedies and they forget the real victim.

Now who is the Forgotten Man? He is the simple, honest laborer, ready to earn his living by productive work. We pass him by because he is independent, self-supporting, and asks no favors. He does not appeal to the emotions or excite the sentiments. He only wants to make a contract and fulfill it, with respect on both sides and favor on neither side. He must get his living out of the capital of the country. The larger the capital is, the better living he can get. Every particle of capital which is wasted on the vicious, the idle, and the shiftless is so much taken from the capital available to reward the independent and productive laborer. But we stand with our backs to the independent and productive laborer all the time. We do not remember him because he makes no clamor; but I appeal to you whether he is not the man who ought to be remembered first of all, and whether, on any sound social theory, we ought not to protect him against the burdens of the goodfornothing. In these last years I have read hundreds of articles and heard scores of sermons and  speeches which were really glorifications of the good-for-nothing, as if these were the charge of society, recommended by right reason to its care and protection. We are addressed all the time as if those who are respectable were to blame because some are not so, and as if there were an obligation on the part of those who have done their duty towards those who have not done their duty. Every man is bound to take care of himself and his family and to do his share in the work of society. It is totally false that one who has done so is bound to bear the care and charge of those who are wretched because they have not done so. The silly popular notion is that the beggars live at the expense of the rich, but the truth is that those who eat and produce not, live at the expense of those who labor and produce. The next time that you are tempted to subscribe a dollar to a charity, I do not tell you not to do it, because after you have fairly considered the matter, you may think it right to do it, but I do ask you to stop and remember the Forgotten Man and understand that if you put your dollar in the savings bank it will go to swell the capital of the country which is available for division amongst those who, while they earn it, will reproduce it with increase.