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cautions against their own fallibility, or admit the supposition that any opinion, of which they feel very certain, may be one of the examples of the error to which they acknowledge themselves to be liable. Absolute prin

in constitutional countries, to be apprehended, | All silencing of discussion is an assumption of that the government, whether completely re- infallibility. Its condemnation may be alsponsible to the people or not, will often at-lowed to rest on this common argument, not tempt to control the expression of opinion, the worse for being common. except when in doing so it makes itself the Unfortunately for the good sense of mankind, organ of the general intolerance of the public. the fact of their fallibility is far from carryLet us suppose, therefore, that the governing the weight in their practical judgment, ment is entirely at one with the people, and which is always allowed to it in theory; for never thinks of exerting any power of coer- while every one well knows himself to be fallicion unless in agreement with what it con-ble, few think it necessary to take any preceives to be their voice. But I deny the right of the people to exercise such coercion, either by themselves or by their government. The power itself is illegitimate. The best government has no more title to it than the worst. It is as noxious, or more noxious, when ex-ces, or others who are accustomed to unlimited erted in accordance with public opinion, than deference, usually feel this complete confiwhen in opposition to it. If all mankind mi-dence in their own opinions on nearly all subnus one, were of one opinion, and only one jects. People more happily situated, who person were of the contrary opinion, man- sometimes hear their opinions disputed, and kind would be no more justified in silencing are not wholly unused to be set right when that one person, than he, if he had the pow- they are wrong, place the same unbounded er, would be justified in silencing mankind. reliance only on such of their opinions as are Were an opinion a personal possession of no shared by all who surround them, or to value except to the owner; if to be obstructed whom they habitually defer: for in proporin the enjoyment of it were simply a private tion to a man's want of confidence in his own injury, it would make some difference whether solitary judgment, does he usually repose the injury was inflicted only on a few persons with implicit trust on the infallibility of the or on many. But the peculiar evil of silenc-world' in general. And the world, to each ing the expression of an opinion is, that it is individual, means the part of it with which robbing the human race, posterity as well as he comes in contact; his party, his sect, his the existing generation; those who dissent church, his class of society: the man may be from the opinion, still more than those who called, by comparison, almost liberal and large hold it. If the opinion is right, they are de-minded to whom it means anything so comprived of the opportunity of exchanging error prehensive as his own country or his own age. for truth: if wrong, they lose, what is almost Nor is his faith in this collective authority at as great a benefit, the clearer perception and all shaken by his being aware that other ages, livelier impression of truth, produced by its countries, sects, churches, classes, and parties collision with error. have thought, and even now think, the exact reverse. He devolves upon his own world the responsibility of being in the right against the dissentient worlds of other people; and it never troubles him that mere accident has decided which of these numerous worlds is the object of his reliance, and that the same causes which make him a Churchman in Lon

It is necessary to consider separately these two hypotheses, each of which has a distinct branch of the argument corresponding to it. We can never be sure that the opinion we are endeavoring to stifle is a false opinion; and if we were sure, stifling it would be an evil still.

First: the opinion which it is attempted to suppress by authority may possibly be true. Those who desire to suppress it, of course deny its truth; but they are not infallible. They have no authority to decide the question for all mankind, and exclude every other person from the means of judging. To refuse a hearing to an opinion, because they are sure that it is false, is to assume that their certainty is the same thing as absolute certainty.

and the instigation. Even then, it is not a foreign government but the very government assailed, which alone, in the exercise of self-defence, can legitimately punish attacks directed

against its own existence.

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don, would have made him a Buddhist or a Confucian in Pekin. Yet it is as evident in itself, as any amount of argument can make it, that ages are no more infallible than individuals; every age having held many opinions which subsequent ages have deemed not only false but absurd; and it is as certain that many opinions, now general, will be rejected by future ages, as it is that many, once general, are rejected by the present.

The objection likely to be made to this argument, would probably take some such form as the following. There is no greater assumption of infallibility in forbidding the propaga

what is it to be ascribed that the one and the other are no worse than they are? Not certainly to the inherent force of the human understanding; for, on any matter not self-evident, there are ninety-nine persons totally incapable of judging of it, for one who is capable; and the capacity of the hundredth per

tion of error, than in any other thing which is done by public authority on its own judgment and responsibility. Judgment is given to men that they may use it. Because it may be used erroneously, are men to be told that they ought not to use it at all? To prohibit what they think pernicious, is not claiming exemption from error, but fulfilling the duty incumbent son is only comparative; for the majority of on them, although fallible, of acting on their the eminent men of every past generation conscientious conviction. If we were never to held many opinions now known to be erroact on our opinions, because those opinions neous, and did or approved numerous things may be wrong, we should leave all our in- which no one will now justify. Why is it, terests uncared for, and all our duties unper- then, that there is on the whole a preponderformed. An objection which applies to all ance among mankind of rational opinions and conduct, can be no valid objection to any con- rational conduct? If there really is this preduct in particular. It is the duty of govern- ponderance-which there must be unless huments, and of individuals, to form the truest man affairs are, and have always been, in an opinions they can; to form them carefully, almost desperate state-it is owing to a qualand never impose them upon others unless ity of the human mind, the source of everythey are quite sure of being right. But when thing respectable in man either as an intellectthey are sure (such reasoners may say), it is ual or as a moral being, namely, that his ernot conscientiousness but cowardice to shrink rors are corrigible. He is capable of rectifyfrom acting on their opinions, and allow doc-ing his mistakes, by discussion and experience. trines which they honestly think dangerous Not by experience alone. There must be disto the welfare of mankind, either in this life cussion, to show how experience is to be interor in another, to be scattered abroad without preted. Wrong opinions and practices gradrestraint, because other people, in less enlight-ually yield to fact and argument: but facts ened times, have persecuted opinions now be- and arguments, to produce any effect on the lieved to be true. Let us take care, it may be mind, must be brought before it. Very few said, not to make the same mistake: but gov-facts are able to tell their own story, without ernments and nations have made mistakes in comments to bring out their meaning. The other things which are not denied to be fit whole strength and value, then, of human subjects for the exercise of authority: they judgment, depending on the one property, have laid on bad taxes, made unjust wars. that it can be set right when it is wrong, reOught we therefore to lay on no taxes, and,liance can be placed on it only when the under whatever provocation, make no wars? means of setting it right are kept constantly Men, and governments, must act to the best at hand. In the case of any person whose of their ability. There is no such thing as judgment is really deserving of confidence, absolute certainty, but there is assurance suf- how has it become so? Because he has kept ficient for the purposes of human life. We his mind open to criticism of his opinions and may, and must, assume our opinion to be true conduct. Because it has been his practice to for the guidance of our own conduct: and it listen to all that could be said against him; to is assuming no more when we forbid bad profit by as much of it as was just, and exmen to pervert society by the propagation of pound to himself, and upon occasion to others, opinions which we regard as false and per- the fallacy of what was fallacious. Because nicious. he has felt, that the only way in which a huI answer, that it is assuming very much man being can make some approach to knowThere is the greatest difference being the whole of a subject, is by hearing what tween presuming an opinion to be true, be- can be said about it by persons of every varicause, with every opportunity for contesting ety of opinion, and studying all modes in it, it has not been refuted, and assuming its which it can be looked at by every character truth for the purposse of not permitting its of mind. No wise man ever acquired his wisrefutation. Complete liberty of contradicting and disproving our opinion, is the very condition which justifies us in assuming its truth for purposes of action; and on no other terms can a being with human faculties have any rational assurance of being right.

more.

When we consider either the history of opinion, or the ordinary conduct of human life, to

dom in any mode but this; nor is it in the nature of human intellect to become wise in any other manner. The steady habit of correcting and completing his own opinion by collating it with those of others, so far from causing doubt and hesitation in carrying it into practice, is the only stable foundation for a just reliance on it: for, being cognizant of all that can, at least

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without hearing the other side.

obviously, be said against him, and having us, are the judges of certainty, and judges taken up his postion against all gainsayers knowing that he has sought for objections and difficulties, instead of avoiding them, and has shut out no light which can be thrown upon the subject from any quarter-he has a right to think his judgment better than that of any person, or any multitude, who have not gone through a similar process.

In the present age-which has been described as 'destitute of faith, but terrified at scepticism'-in which people feel sure, not so much that their opinions are true, as that they should not know what to do without them-the claims of an opinion to be protected from public attack are rested not so much on its truth, as It is not too much to require that what the on its importance to society. There are, it is wisest of mankind, those who are best enti- alleged, certain beliefs, so useful, not to say tled to trust their own judgment, find nec- indispensable to well-being, that it is as much essary to warrant their relying on it, should the duty of governments to uphold those bebe submitted to by that miscellaneous collec-liefs, as to protect any other of the interests tion of a few wise and many foolish individ- of society. In a case of such necessity, and so uals, called the public. The most intolerant directly in the line of their duty, something of churches, the Roman Catholic Church, even less than infallibility may, it is maintained, at the canonization of a saint, admits, and warrant, and even bind, governments, to act listens patiently to, a 'devil's advocate.' The on their own opinion, confirmed by the general holiest of men, it appears, cannot be admitted opinion of mankind. It is also often argued, to posthumous honors, until all that the devil and still oftener thought, that none but bad could say against him is known and weighed.men would desire to weaken these salutary be If even the Newtonian philosophy were not liefs; and there can be nothing wrong, it is permitted to be questioned, mankind could thought, in restraining bad men, and prohibnot feel as complete assurance of its truth asiting what only such men would wish to practhey now do. The beliefs which we have tise. This mode of thinking makes the justimost warrant for, have no safeguard to rest fication of restraints on discussion not a queson, but a standing invitation to the whole tion of the truth of doctrines, but of their useworld to prove them unfounded. If the chal-fulness; and flatters itself by that means to lenge is not accepted, or is accepted and the attempt fails, we are far enough from certainty still; but we have done the best that the existing state of human reason admits of; we have neglected nothing that could give the truth a chance of reaching us: if the lists are kept open, we may hope that if there be a better truth, it will be found when the human mind is capable of receiving it; and in the mean time we may rely on having attained such approach to truth, as is possible in our own day. This is the amount of certainty attainable by a fallible being, and this the sole way of attaining it.

escape the responsibility of claiming to be an infallible judge of opinions. But those who thus satisfy themselves, do not perceive that the assumption of infallibility is merely shifted from one point to another. The usefulness of an opinion is itself matter of opinion: as disputable, as open to discussion, and requiring discussion as much, as the opinion itself. There is the same need of an infallible judge of opinions to decide an opinion to be noxious, as to decide it to be false, unless the opinion condemned has full opportunity of defending itself. And it will not do to say that the heretic may be allowed to maintain the utility or harmlessness of his opinion, though forbidden to maintain its truth. The truth of an opinion is part of its utility. If we would know whether or not it is desirable that a proposition should be believed, is it possible to exclude the consideration of whether or not it is true? In the opinion, not of bad men, but of the best men, no belief which is contrary to truth can be really useful: and can you prevent such

Strange it is, that men should admit the validity of the arguments for free discussion, but object to their being 'pushed to an extreme;' not seeing that unless the reasons are good for an extreme case, they are not good for any case. Strange that they should imagine that they are not assuming infallibility, when they acknowledge that there should be free discussion on all subjects which can possibly be doubtful, but think that some partic-men from urging that plea, when they are ular principle or doctrine should be forbidden to be questioned because it is so certain, that is, because they are certain that it is certain. To call any proposition certain, while there is any one who would deny its certainty if permitted, but who is not permitted, is to assume that we ourselves, and those who agree with

charged with culpability for denying some doctrine which they are told is useful, but which they believe to be false? Those who are on the side of received opinions, never fail to take all possible advantage of this plea; you do not find them handling the question of uti!ity as if it could be completely abstracted from

that of truth: on the contrary, it is, above all, we find the instances memorable in history, because their doctrine is 'the truth,' that the when the arm of the law has been employed knowledge or the belief of it is held to be so to root out the best men and the noblest docindispensable. There can be no fair discussion trines; with deplorable success as to the men, of the question of usefulness, when an argu-though some of the doctrines have survived ment so vital may be employed on one side, to be (as if in mockery) invoked, in defence of but not on the other. And in point of fact, similar conduct towards those who dissent when law or public feeling do not permit the from them, or from their received interpretatruth of an opinion to be disputed, they are tion. just as little tolerant of a denial of its usefulness. The utmost they allow is an extenuation of its absolute necessity, or of the positive guilt of rejecting it.

Mankind can hardly be too often reminded, that there was once a man named Socrates, between whom and the legal authorities and public opinion of his time, there took place a In order more fully to illustrate the mischief memorable collision. Born in an age and of denying a hearing to opinions because we, country abounding in individual greatness, in our own judgment, have condemned them, this man has been handed down to us by those it will be desirable to fix down the discussion who best knew both him and the age, as the to a concrete case; and I choose, by preference, most virtuous man in it; while we know him the cases which are least favorable to me-in as the head and prototype of all subsequent which the argument against freedom of opin- teachers of virtue, the source equally of the ion, both on the score of truth and on that lofty inspiration of Plato and the judicious of utility, is considered the strongest. Let utilitarianism of Aristotle, ‘i maëstri di color the opinions impugned be the belief in a God che sanno,' the two headsprings of ethical as and in a future state, or any of the commonly of all other philosophy. This acknowledged received doctrines of morality. To fight the master of all the eminent thinkers who have battle on such ground, gives a great advan- since lived-whose fame, still growing after tage to an unfair antagonist; since he will be more than two thousand years, all but outsure to say (and many who have no desire weighs the whole remainder of the names to be unfair will say it internally), Are these which make his native city illustrious-was the doctrines which you do not deem suffi- put to death by his countrymen, after a judiciently certain to be taken under the protection cial conviction, for impiety and immorality. of law? Is the belief in a God one of the opin- Impiety, in denying the gods recognized by ions, to feel sure of which, you hold to be as- the State; indeed his accuser asserted (see the suming infallibility? But I must be permitted 'Apologia') that he believed in no gods at all. to observe, that it is not the feeling sure of a Immorality, in being, by his doctrines and indoctrine (be it what it may) which I call an structions, a 'corrupter of youth.' Of these assumption of infallibility. It is the under-charges the tribunal, there is every ground taking to decide that question for others, with- for believing, honestly found him guilty, and out allowing them to hear what can be said on the contrary side. And I denounce and reprobate this pretension not the less, if put forth on the side of my most solemn convictions. However positive any one's persuasion may be, not only of the falsity but of the pernicious consequences-not only of the pernicious consequences, but (to adopt expressions which I altogether condemn) the immorality and impiety of an opinion; yet if, in pursuance of that private judgment, though backed by the public judgment of his country or his cotemporaries, he prevents the opinion from being heard in its defence, he assumes infallibility. And so far from the assumption being less objectionable or less dangerous because the opinion is called immoral or impious, this is the case of all others in which it is most fatal. These are exactly the occasions on which the men of one generation commit those dreadful mistakes, which excite the astonishment and horror of posterity. It is among such that

condemned the man who probably of all then born had deserved best of mankind, to be put to death as a criminal.

To pass from this to the only other instance of judicial iniquity, the mention of which, after the condemnation of Socrates, would not be an anti-climax: the event which took place on Calvary rather more than eighteen hundred years ago. The man who left on the memory of those who witnessed his life and conversation, such an impression of his moral grandeur, that eighteen subsequent centuries have done homage to him as the Almighty in person, was ignominiously put to death, as what? As a blasphemer. Men did not merely mistake their benefactor; they mistook him for the exact contrary of what he was, and treated him as that prodigy of impiety, which they themselves are now held to be, for their treatment of him. The feelings with which mankind now regard these lamentable transactions, especially the later of the two, render them

extremely unjust in their judgment of the un- | mankind, he deemed it his duty not to suffer happy actors. These were, to all appearance, society to fall in pieces; and saw not how, if not bad men-not worse then men commonly its existing ties were removed, any others are, but rather the contrary; men who pos- could be formed which could again knit it tosessed in a full, or somewhat more than a full gether. The new religion openly aimed at measure, the religious, moral, and patriotic dissolving these ties: unless, therefore, it was feelings of their time and people: the very his duty to adopt that religion, it seemed to be kind of men who, in all times, our own in- his duty to put it down. Inasmuch then as cluded, have every chance of passing through the theology of Christianity did not appear to life blameless and respected. The high-priest him true or of divine origin; inasmuch as this who rent his garments when the words were strange history of a crucified God was not pronounced, which, according to all the ideas credible to him, and a system which purported of his country, constituted the blackest guilt, to rest entirely upon a foundation to him so was in all probability quite as sincere in his wholly unbelievable, could not be foreseen by horror and indignation, as the generality of him to be that renovating agency which, after respectable and pious men now are in the re-all abatements, it has in fact proved to be; ligious and moral sentiments they profess; the gentlest and most amiable of philosophers and most of those who now shudder at his and rulers, under a solemn sense of duty, auconduct, if they had lived in his time, and thorized the persecution of Christianity. To been born Jews, would have acted precisely my mind this is one of the most tragical facts as he did. Orthodox Christians who are in all history. It is a bitter thought, how diftempted to think that those who stoned to ferent a thing the Christianity of the world death the first martyrs must have been worse might have been, if the Christian faith had men than they themselves are, ought to re- been adopted as the religion of the empire unmember that one of those persecutors was der the auspices of Marcus Aurelius instead of Saint Paul. those of Constantine. But it would be equally unjust to him and false to truth, to deny, that no one plea which can be urged for punishing anti-Christian teaching, was wanting to Marcus Aurelius for punishing, as he did, the propagation of Christianity. No Christian more firmly believes that Atheism is false, and tends to the dissolution of society, than Marcus Aurelius believed the same things of Christianity; he who, of all men then living, might have been thought the most capable of appreciating

ment for the promulgation of opinions, flatters himself that he is a wiser and better man than Marcus Aurelius-more deeply versed in the wisdom of his time, more elevated in his intellect above it-more earnest in his search for truth, or more single-minded in his devotion to it when found; let him abstain from that assumption of the joint infallibility of himself and the multitude, which the great Antoninus made with so unfortunate a result.

Let us add one more example, the most striking of all, if the impressiveness of an error is measured by the wisdom and virtue of him who falls into it. If ever any one, possessed of power, had grounds for thinking himself the best and most enlightened among his cotemporaries, it was the Emperor Marcus Aurelius. Absolute monarch of the whole civilized world, he preserved through life not only the most unblemished justice, but what was less to be expected from his Stoical breed-it. Unless any one who approves of punishing, the tenderest heart. The few failings which are attributed to him, were all on the side of indulgence: while his writings, the highest ethical product of the ancient mind, differ scarcely perceptibly, if they differ at all, from the most characteristic teachings of Christ. This man, a better Christian in all but the dogmatic sense of the word, than almost any of the ostensibly Christian sovereigns who have since reigned, persecuted Christianity. Placed at the summit of all the previous attainments of humanity, with an Aware of the impossibility of defending the open, unfettered intellect, and a character use of punishment for restraining irreligious which led him of himself to embody in his opinions, by any argument which will not moral writings the Christian ideal, he yet justify Marcus Antoninus, the enemies of refailed to see that Christianity was to be a ligious freedom, when hard pressed, occasiongood and not an evil to the world, with his ally accept this consequence, and say, with duties to which he was so deeply penetrated. Dr. Johnson, that the persecutors of ChrisExisting society he knew to be in a deplorable tianity were in the right; that persecution is state. But such as it was, he saw, or thought an ordeal through which truth ought to pass, he saw, that it was held together, and pre- and always passes successfully, legal penvented from being worse, by belief and rever-alties being, in the end, powerless against ence of the received divinities. As a ruler of truth, though sometimes beneficially effective

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