The government class book / Designed for the instruction of youth in the principles of constitutional government and the rights and duties of citizens.

by Andrew W. Young

Chapter II.

Rights and Liberty, defined.

§1. We have spoken of the rights of men, and of laws as designed to secure to men the free enjoyment of their rights. But a more particular definition of rights and laws will be useful to young persons just commencing the study of civil government.

§2. A right means ownership, or the just claim or lawful title which a person has to anything. What we have acquired by honest labor, or other lawful means, is rightfully our own; and we are justly entitled to the free use and enjoyment of it. We have a right also to be free in our actions. We may go where we please, and do what ever we think necessary for our own safety and happiness; provided we do not trespass upon the rights of others; for it must be remembered that others have the same rights as ourselves.

§3. The rights here mentioned are natural rights. They are so called because they are ours by nature or by birth; and they can not be justly taken from us or alienated. Hence they are also called inalienable. We may, however, forfeit them by some offense or crime. If, for example, a man is fined for breaking a law, he loses his right to the money he is obliged to pay. By stealing, he forfeits his liberty, and may be justly imprisoned. By committing murder, he forfeits his right to life, and may be hanged.

§4. Rights are also called personal, political, civil, and religious. Personal rights, or the rights of persons, are rights belonging to persons as individuals, and consist of the right of personal security, or the right to be secure from injury to our bodies, or persons, or our good names; the right of personal liberty, or the liberty of moving, acting, or speaking without unjust restraint; and the right of property, or the right to acquire and enjoy property. The terms rights of person and rights of persons, or personal rights, have not the same meaning. The rights of person, as the term is generally used, does not include the right of property; personal rights include both the right of property and the rights of person.

§5. Political rights are those which belong to the people in their political capacity. The word political, in a general sense, relates to government. The whole body of the people united under one government, is called the political body, or body politic. The right of the people to choose and establish for themselves a form of government, or constitution, and the right to elect persons to make and execute the laws, are political rights. The right of voting at elections is therefore a political right.

§6. Civil rights are those which are secured to the citizens by the laws of the state. Some make no distinction between civil rights and political rights. In a proper sense--that in which the terms are here used--there is this difference: political rights are those secured by the political or fundamental law, called the constitution; civil rights are more properly those which are secured by the civil or municipal laws. The difference will more clearly appear from the definition elsewhere given of the political and civil laws. (Chap. III. §5, 6.)

§7. Religious rights consist in the right of a man to make known and maintain his religious opinions, and to worship God in that way and manner which he believes in his conscience to be most acceptable to his Maker. This right is called also the right of conscience. But in exercising this right, a man may not abuse it by violating the rights of others, or disturbing the peace and order of society.

§8. Now, although human rights are thus divided into classes and differently defined, they are all natural rights. It is generally held in this country as a truth, that "all men are created equal;" that is, born with the same rights. And if men, as social and moral beings, are fitted by nature and designed for government and laws, we conclude that their political, civil, and religious rights, and all other rights to which they are entitled by the law of nature, are natural rights.

§9. Liberty is the being free to exercise and enjoy our rights, and is called natural, political, civil, or religious, according to the particular class of rights referred to. Thus the exercise of rights guarantied by the constitution or political law, is called political liberty. The free enjoyment of rights secured by the civil or municipal laws, is called civil liberty. And freedom of religious opinion and worship is called religious liberty.

§10. Hence liberty itself is a natural right. The words right and liberty, however, have not the same meaning. We may have a right to a thing when we have not the liberty of using it. John has a pencil which is justly his own; but James takes it from him by force. John's liberty to enjoy the use of his pencil is lost, but his right to it remains. James has no right to the use of the pencil, though he enjoys the use of it.

§11. This example serves also to explain further the use of the different terms applied to rights and liberty. John's right to his pencil, being guarantied to him by the laws of civil society, is a civil right. It is with equal propriety called a natural right, because, by the law of nature, he has a right to the use of his pencil.