Liberty is a word misused and misunderstood in American political ideology. It's why people get confused over the difference between a right and a privilege. LIBERTY. Freedom from restraint. The power of acting as one thinks fit, without any restraint or control, except from the laws of nature... Liberty is divided into civil, natural, personal, and political.
--- Bouvier's Dictionary
Liberty has FOUR types:
- Natural
- Personal
- Civil
- Political
The latter two are privileges granted by government. The former two are endowments of the Creator.
- Natural liberty is absolute freedom, limited by the laws of nature.
- Personal liberty is the right of locomotion, the right to travel upon public roads and waterways.
- Civil liberty is permission granted by government to do that which would otherwise be a tort, a trespass or otherwise not allowed.
- Political liberty is the privilege to vote and hold public office.
I do not think Patrick Henry was boldly demanding privileges granted by the English monarch, so that he could enjoy the "King's liberty" or political liberty. He was referring to the former two: natural and personal.
What the founding generation knew about "liberty" " Natural liberty is the right which nature gives to all mankind, of disposing of their persons and property after the manner they judge most consonant to their happiness, on condition of their acting within the limits of the law of nature, and that they do not in any way abuse it to the prejudice of other men."
- - - Bouvier's Law Dictionary
NATURAL LIBERTY - The power of acting as one thinks fit, without any restraint or control, unless by the law of nature. The right which nature gives to all mankind of disposing of their persons and property after the manner in which they judge most consistent with their happiness, on condition of their acting within the limits of the law of nature, and so as not to interfere in the equal exercise of the same rights by other men. 1 Blackstone's Commentaries, 123,
- - - Black's Law Dictionary, Sixth edition, p.919 Natural liberty is absolute freedom, limited to one's own property (outside of one's property, it would be a trespass). This does not mean there are no consequences for actions that escape one's domain and injure another person or his property. But for all intents and purposes, this is the core of America's republican form of government - the sovereignty of the people. PERSONAL LIBERTY - The right or power of locomotion; of changing situation, or moving one's person to whatsoever place one's own inclination may direct, without imprisonment or restraint, unless by due course of law. 1 Bl. Comm. 125.
Black's Law Dictionary, Sixth Ed., p. 919
TRAVEL - Within the meaning of a constitutional right to travel, means migration with intent to settle and abide.
- - - Black's Law Dictionary, Sixth Ed., p.1500
" Personal liberty, or the Right to enjoyment of life and liberty, is one of the fundamental or natural Rights, which has been protected by its inclusion as a guarantee in the various constitutions, which is not derived from, or dependent on, the U.S. Constitution, which may not be submitted to a vote and may not depend on the outcome of an election. It is one of the most sacred and valuable Rights, as sacred as the Right to private property...and is regarded as inalienable."
16 Corpus Juris Secundum, Constitutional Law, Sect.202, p.987.
" Personal liberty largely consists of the Right of locomotion to go where and when one pleases only so far restrained as the Rights of others may make it necessary for the welfare of all other citizens. The Right of the Citizen to travel upon the public highways and to transport his property thereon, by horsedrawn carriage, wagon, or automobile, is not a mere privilege which may be permitted or prohibited at will, but the common Right which he has under his Right to life, liberty, and the pursuit of happiness. Under this Constitutional guarantee one may, therefore, under normal conditions, travel at his inclination along the public highways or in public places, and while conducting himself in an orderly and decent manner, neither interfering with nor disturbing another's Rights, he will be protected, not only in his person, but in his safe conduct."
II Am.Jur. (1st) Constitutional Law, Sect.329, p.1135.
As you can see, natural and personal liberty are not privileges granted by government, but existed BEFORE government. Government is delegated power to SECURE these rights and liberties, not deny them.
Also note that the "right to private property" is sacred and inalienable.
However, I stipulate that one can be misled to surrender those inalienable rights, and believe that they never existed in the first place. That millions believe they need government permission (license, aka civil liberty) before they can exercise the "privilege" to drive, that was once the "right to travel by automobile" is another victory of the propaganda ministry.
{Check legislative histories for the beginning of the requirement for universal licensing of all motorists. It generally follows 1933 - the beginning of the Emergency. Coincidence?}
Government granted privileges "Civil liberty is the power to do whatever is permitted by the constitution of the state and the laws of the land. It is no other than natural liberty, so far restrained by human laws, and no further, operating equally upon all the citizens, as is necessary and expedient for the general advantage of the public." 1 Black. Com. 125; Paley's Mor. Phil. B. 6, c.5; Swifts Syst. 12
--- Bouvier's Law Dictionary
LICENSE - A personal privilege to do some particular act or series of acts on land without possessing any estate or interest therein, and is ordinarily revocable at the will of the licensor and is not assignable... The permission by competent authority to do an act which, without such permission, would be illegal, a trespass, a tort, or otherwise not allowed.
- - - Black's Law Dictionary
I don't think I need to define political liberty, since it's obvious that voting and holding office are part of it. If there was no government, there would be no political liberty. Which means that voting is not a right, as are inalienable rights, but a privilege.
It is interesting to note that exercising political liberty requires surrendering "other rights". Of course, this is due to the acceptance of the obligation to perform civic duties, that one surrenders sovereignty and independence. "The right of holding state office is a civil or political right, which may be surrendered to the government or to society in order to secure the protection of other rights ([State] Bill of Rights, art. 3), or the government may abridge or take away such rights for sufficient cause; for, though such rights may be considered natural rights (Bill of Rights, art. 2) yet they are not of the class of natural rights which are held to be inalienable, like the rights of conscience (Bill of Rights, art. 4)"
- - Hale v. Everett, 53 N.H. 9 (N.H. 1868)
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