tion of allowing him to dispose of himself. |lowed by consequences to others; if it has He is no longer free; but is thenceforth in a position which has no longer the presumption in its favor, that would be afforded by his voluntarily remaining in it.

placed third parties in any peculiar position, or, as in the case of marriage, has even called third parties into existence, obligations arise on the part of both the contracting parties The principle of freedom cannot require towards those third persons, the fulfilment of that he should be free not to be free. It is not which, or at all events the mode of fulfilment, freedom, to be allowed to alienate his free- must be greatly affected by the continuance dom. These reasons, the force of which is so or disruption of the relation between the origconspicuous in this peculiar case, are evidently inal parties to the contract. It does not folof far wider application; yet a limit is every-low, nor can I admit, that these obligations where set to them by the necessities of life, extend to requiring the fulfilment of the conwhich continually require, not indeed that we tract at all costs to the happiness of the re should resign our freedom, but that we should luctant party; but they are a necessary eleconsent to this and the other limitation of it.ment in the question; and even if, as Von The principle, however, which demands un- Humboldt maintains, they ought to make no controlled freedom of action in all that con- difference in the legal freedom of the parties cerns only the agents themselves, requires to release themselves from the engagement that those who have become bound to one an- (and I also hold that they ought not to make other, in things which concern no third party, much difference), they necessarily make a should be able to release one another from great difference in the moral freedom. A the engagement: and even without such vol- person is bound to take all these circumuntary release, there are perhaps no contracts stances into account, before resolving on a or engagements. except those that relate to step which may affect such important intermoney or money's worth, of which one can ests of others; and if he does not allow proper venture to say that there ought to be no lib-weight to those interests, he is morally reerty whatever of retractation. Baron Wilhelm sponsible for the wrong. I have made these von Humboldt, in the excellent essay from obvious remarks for the better illustration of which I have already quoted, states it as his the general principle of liberty, and not beconviction, that engagements which involve cause they are at all needed on the particular personal relations or services, should never question, which, on the contrary, is usually be legally binding beyond a limited duration discussed as if the interest of children was of time; and that the most important of everything, and that of grown persons noththese engagements, marriage, having the pe-ing. culiarity that its objects are frustrated unless I have already observed that, owing to the the feelings of both the parties are in harmony with it, should require nothing more than the declared will of either party to dissolve it. This subject is too important, and too complicated, to be discussed in a parenthesis, and I touch on it only so far as is necessary for purposes of illustration. If the conciseness and generality of Baron Humboldt's dissertation had not obliged him in this instance to content himself with enunciating his conclusion without discussing the premises, he would doubtless have recognized that the question cannot be decided on grounds so simple as those to which he confines himself.

absence of any recognized general principles, liberty is often granted where it should be withheld, as well as withheld where it should be granted; and one of the cases in which, in the modern European world, the sentiment of liberty is the strongest, is a case where, in my view, it is altogether misplaced. A person should be free to do as he likes in his own concerns; but he ought not to be free to do as he likes in acting for another, under the pretext that the affairs of the other are his own affairs. The State, while it respects the liberty of each in what specially regards himself, is bound to maintain a vigilant control over his exercise of any power which it allows When a person, either by express prom-him to possess over others. This obligation ise or by conduct, has encouraged another is almost entirely disregarded in the case of to rely upon his continuing to act in a certain way-to build expectations and calculations, and stake any part of his plan of life upon that supposition-a new series of moral obligations arises on his part towards that person, which may possibly be overruled, but cannot be ignored. And again, if the relation between two contracting parties has been fol

the family relations, a case, in its direct influence on human happiness, more important than all others taken together. The almost despotic power of husbands over wives needs not be enlarged upon here, because nothing more is needed for the complete removal of the evil, than that wives should have the same rights, and should receive the protection of

law in the same manner, as all other persons; | ing the entire school expenses of those who and because, on this subject, the defenders of have no one else to pay for them. The objecestablished injustice do not avail themselves tions which are urged with reason against of the plea of liberty, but stand forth openly State education, do not apply to the enforceas the champions of power. It is in the casement of education by the State, but to the of children, that misapplied notions of liberty State's taking upon itself to direct that educaare a real obstacle to the fulfilment by the tion: which is a totally different thing. That State of its duties. One would almost think the whole or any large part of the education that a man's children were supposed to be lit- of the people should be in State hands, I go erally, and not metaphorically, a part of him- as far as any one in deprecating. All that self, so jealous is opinion of the smallest has been said of the importance of individuinterference of law with his absolute and ex-ality of character, and diversity in opinions clusive control over them; more jealous than and modes of conduct, involves, as of the of almost any interference with his own free- same unspeakable importance, diversity of dom of action: so much less do the generality education. A general State education is a of mankind value liberty than power. Con- mere contrivance for moulding people to be sider, for example, the case of education. Is exactly like one another: and as the mould it not almost a self-evident axiom, that the State should require and compel the education, up to a certain standard, of every human being who is born its citizen? Yet who is there that is not afraid to recognize and assert this truth? Hardly any one indeed will deny that it is one of the most sacred duties of the parents (or as law and usage now stand, the father), after summoning a human being into the world, to give to that being an education fitting him to perform his part well in life towards others and towards himself. But while this is unanimously declared to be the father's duty, scarcely anybody, in this country, will bear to hear of obliging him to perform it. Instead of his being required to make any exertion or sacrifice for securing education to his child, it is left to his choice to accept it or not when it is provided gratis! It still remains unrecognized, that to bring a child into existence without a fair prospect of being able, not only to provide food for its body, but instruction and training for its mind, is a moral crime, both against the un-ist in the country. But in general, if the fortunate offspring and against society; and that if the parent does not fulfil this obligation, the State ought to see it fulfilled, at the charge, as far as possible, of the parent.

in which it casts them is that which pleases the predominant power in the government, whether this be a monarch, a priesthood, an aristocracy, or the majority of the existing generation; in proportion as it is efficient and successful, it establishes a despotism over the mind, leading by natural tendency to one over the body. An education established and controlled by the State should only exist, if it exist at all, as one among many competing experiments, carried on for the purpose of example and stimulus, to keep the others up to a certain standard of excellence. Unless, indeed, when society in general is in so backward a state that it could not or would not provide for itself any proper institutions of education, unless the government undertook the task: then, indeed, the government may, as the less of two great evils, take upon itself the business of schools and universities, as it may that of joint stock companies, when private enterprise, in a shape fitted for undertaking great works of industry, does not ex

country contains a sufficient number of persons qualified to provide education under government auspices, the same persons would be able and willing to give an equally good education on the voluntary principle, under the assurance of remuneration afforded by a law-rendering education compulsory, combined with State aid to those unable to defray the expense.

Were the duty of enforcing universal education once admitted, there would be an end to the difficulties about what the State should teach, and how it should teach, which now convert the subject into a mere battle field for sects and parties, causing the time and labor The instrument for enforcing the law could which should have been spent in educating, be no other than public examinations, extendto be wasted in quarrelling about education. ing to all children, and beginning at an early If the government would make up its mind to age. An age might be fixed at which every require for every child a good education, it child must be examined, to ascertain if he (or might save itself the trouble of providing one. she) is able to read. If a child proves unable, It might leave to parents to obtain the educa- the father, unless he has some sufficient tion where and how they pleased, and con-ground of excuse, might be subjected to a tent itself with helping to pay the school fees moderate fine, to be worked out, if necessary, of the poorer classes of children, and defray-by his labor, and the child might be put to

school at his expense. Once in every year the the weight which may be attached to their examination should be renewed, with a gradu- testimony by public opinion.

ally extending range of subjects, so as to It is not in the matter of education only, make the universal acquisition, and what is that misplaced notions of liberty prevent more, retention, of a certain minimum of gen-moral obligations on the part of parents from eral knowledge, virtually compulsory. Be- being recognized, and legal obligations from yond that minimum, there should be volun- being imposed, where there are the strongest tary examinations on all subjects, at which grounds for the former always, and in many all who come up to a certain standard of cases for the latter also. The fact itself, of proficiency might claim a certificate. To causing the existence of a human being, is one prevent the State from exercising, through of the most responsible actions in the range these arrangements, an improper influence of human life. To undertake this responsiover opinion, the knowledge required for pass- bility-to bestow a life which may be either ing an examination (beyond the merely instru- a curse or a blessing-unless the being on mental parts of knowledge, such as languages whom it is to be bestowed will have at least and their use) should, even in the higher the ordinary chances of a desirable existence, classes of examinations, be confined to facts is a crime against that being. And in a counand positive science exclusively. The exam- try either over-peopled, or threatened with inations on religion, politics, or other disputed being so, to produce children, beyond a very topics, should not turn on the truth or false-small number, with the effect of reducing the hood of opinions, but on the matter of fact reward of labor by their competition, is a sethat such and such an opinion is held, on such rious offence against all who live by the regrounds, by such authors, or schools, or muneration of their labor. The laws which, churches. Under this system, the rising gen- in many countries on the Continent, forbid eration would be no worse off in regard to all marriage unless the parties can show that disputed truths, than they are at present; they have the means of supporting a family, they would be brought up either churchmen do not exceed the legitimate powers of the or dissenters as they now are, the State State: and whether such laws be expedient or merely taking care that they should be in- not (a question mainly dependent on local cirstructed churchmen, or instructed dissenters.cumstances and feelings), they are not objecThere would be nothing to hinder them from tionable as violations of liberty. Such laws being taught religion, if their parents chose, at are interferences of the State to prohibit a the same schools where they were taught mischievous act-an act injurious to others, other things. All attempts by the State to which ought to be a subject of reprobation, bias the conclusions of its citizens on disputed and social stigma, even when it is not deemed subjects, are evil; but it may very properly expedient to superadd legal punishment. Yet offer to ascertain and certify that a person the current ideas of liberty, which bend so possesses the knowledge, requisite to make easily to real infringements of the freedom of his conclusions, on any given subject, worth the individual in things which concern only attending to. A student of philosophy would himself, would repel the attempt to put any be the better for being able to stand an exam-restraint upon his inclinations when the conination both in Locke and in Kant, whichever sequence of their indulgence is a life or lives of the two he takes up with, or even if with neither: and there is no reasonable objection to examining an atheist in the evidences of Christianity, provided he is not required to profess a belief in them. The examinations, however, in the higher branches of knowledge should, I conceive, be entirely voluntary. It would be giving too dangerous a power to governments, were they allowed to exclude any one from professions, even from the profession of teacher, for alleged deficiency of qualifications: and I think, with Wilhelm von Humboldt, that degrees, or other public certificates of scientific or professional acquirements, should be given to all who present themselves for examination, and stand the test; but that such certificates should confer no advantage over competitors, other than

of wretchedness and depravity to the offspring, with manifold evils to those sufficiently within reach to be in any way affected by their actions. When we compare the strange respect of mankind for liberty, with their strange want of respect for it, we might imagine that a man had an indispensable right to do harm to others, and no right at all to please himself without giving pain to any one.

I have reserved for the last place a large class of questions respecting the limits of government interference, which, though closely connected with the subject of this Essay, do not, in strictness, belong to it. These are cases in which the reasons against interference do not turn upon the principle of liberty: the question is not about restraining the actions of individuals, but about helping them: it is

asked whether the government should do, or | ties, and of the great enterprises of industry by cause to be done, something for their bene- the union of those who voluntarily supply the fit, instead of leaving it to be done by themselves, individually or in voluntary combination.

The objections to government interference, when it is not such as to involve infringement of liberty, may be of three kinds.

pecuniary means, is further recommended by all the advantages which have been set forth in this Essay as belonging to individuality of development, and diversity of modes of action. Government operations tend to be everywhere alike. With individuals and volThe first is, when the thing to be done is untary associations, on the contrary, there likely to be better done by individuals than are varied experiments, and endless diversity by the government. Speaking generally, of experience. What the State can usefully there is no one so fit to conduct any business, or to determine how or by whom it shall be conducted, as those who are personally interested in it. This principle condemns the interferences, once so common, of the legislature, or the officers of government, with the ordinary processes of industry. But this part of the subject has been sufficiently enlarged upon by political economists, and is not particularly related to the principles of this Essay.

do is to make itself a central depository, and active circulator and diffuser, of the experience resulting from many trials. Its business is to enable each experimentalist to benefit by the experiments of others; instead of tolerating no experiments but its own.

The third, and most cogent reason for restricting the interference of government, is the great evil of adding unnecessarily to its power. Every function superadded to those already exercised by the government, causes The second objection is more nearly allied its influence over hopes and fears to be more to our subject. In many cases, though indi- widely diffused, and converts, more and more, viduals may not do the particular thing so the active and ambitious part of the public well, on the average, as the officers of govern- into hangers-on of the government, or of some ment, it is nevertheless desirable that it should party which aims at becoming the governbe done by them, rather than by the government. If the roads, the railways, the banks, ment, as a means to their own mental educa- the insurance offices, the great joint-stock comtion-a mode of strengthening their active panies, the universities, and the public charifaculties, exercising their judgment, and giv- ties, were all of them branches of the governing them a familiar knowledge of the subjects ment; if, in addition, the municipal corporawith which they are thus left to deal. This is tions and local boards, with all that now dea principal, though not the sole, recommenda- volves on them, became departments of the tion of jury trial (in cases not political); of central administration; if the employés of all free and popular local and municipal institu- these different enterprises were appointed and tions; of the conduct of industrial and philan- paid by the government, and looked to the thropic enterprises by voluntary associations. government for every rise in life; not all the These are not questions of liberty, and are freedom of the press and popular constitution connected with that subject only by remote of the legislature would make this or any tendencies; but they are questions of develop- other country free otherwise than in name. ment. It belongs to a different occasion from And the evil would be greater, the more effithe present to dwell on these things as parts ciently and scientifically the administrative of national education; as being, in truth, the machinery was constructed—the more skilful peculiar training of a citizen, the practical the arrangements for obtaining the best part of the political education of a free people, qualified hands and heads with which to taking them out of the narrow circle of per- work it. sonal and family selfishness, and accustoming In England it has of late been proposed that them to the comprehension of joint interests, all the members of the civil service of governthe management of joint concerns-habituat- ment should be selected by competitive examing them to act from public or semi-public ination, to obtain for those employments motives, and guide their conduct by aims the most intelligent and instructed persons which unite instead of isolating them from procurable; and much has been said and writone another. Without these habits and pow- ten for and against this proposal. One of the ers, a free constitution can neither be worked arguments most insisted on by its opponents, nor preserved; as is exemplified by the too- is that the occupation of a permanent official often transitory nature of political freedom in servant of the State does not hold out sufcountries where it does not rest upon a suffi- ficient prospects of emolument and imporcient basis of local liberties. The manage-tance to attract the highest talents, which will ment of purely local business by the locali- always be able to find a more inviting career

in the professions, or in the service of compa- | reaucracy being unchanged, and nobody else nies and other public bodies. One would not being capable of taking their place. have been surprised if this argument had been A very different spectacle is exhibited among used by the friends of the proposition, as an a people accustomed to transact their own answer to its principal difficulty. Coming business. In France, a large part of the from the opponents it is strange enough. people having been engaged in military serWhat is urged as an objection is the safety- vice, many of whom have held at least the valve of the proposed system. If indeed all rank of non-commissioned officers, there are the high talent of the country could be drawn in every popular insurrection several persons into the service of the government, a proposal competent to take the lead, and improvise tending to bring about that result might well some tolerable plan of action. What the inspire uneasiness. If every part of the French are in military affairs, the Americans business of society which required organized are in every kind of civil business; let them concert, or large and comprehensive views, be left without a government, every body of were in the hands of the government, and if Americans is able to improvise one, and to government offices were universally filled by carry on that or any other public business the ablest men, all the enlarged culture and with a sufficient amount of intelligence, orpractised intelligence in the country, except der, and decision. This is what every free the purely speculative, would be concentrated people ought to be: and a people capable of in a numerous bureaucracy, to whom alone this is certain to be free; it will never let itthe rest of the community would look for all self be enslaved by any man or body of men things: the multitude for direction and dicta- because these are able to seize and pull the 'tion in all they had to do; the able and aspir- reins of the central administration. No buing for personal advancement. To be admit-reaucracy can hope to make such a people as ted into the ranks of this bureaucracy, and this do or undergo anything that they do not when admitted, to rise therein, would be the like. But where everything is done through sole objects of ambition. Under this régime, the bureaucracy, nothing to which the bunot only is the outside public ill-qualified, for reaucracy is really adverse can be done at all. want of practical experience, to criticise or The constitution of such countries is an orcheck the mode of operation of the bureau-ganization of the experience and practical cracy, but even if the accidents of despotic or ability of the nation, into a disciplined body the natural working of popular institutions for the purpose of governing the rest; and occasionally raise to the summit a ruler or the more perfect that organization is in itself, rulers of reforming inclinations, no reform the more successful in drawing to itself and can be effected which is contrary to the in- educating for itself the persons of greatest terest of the bureaucracy. Such is the mel-capacity from all ranks of the community, ancholy condition of the Russian empire, as the more complete is the bondage of all, the shown in the accounts of those who have had members of the bureaucracy included. For sufficient opportunity of observation. The the governors are as much the slaves of their Czar himself is powerless against the bureau-organization and discipline, as the governed cratic body; he can send any one of them to Siberia, but he cannot govern without them, or against their will. On every decree of his they have a tacit veto, by merely refraining from carrying it into effect. In countries of more advanced civilization and of a more insurrectionary spirit, the public, accustomed to expect everything to be done for them by It is not, also, to be forgotten, that the abthe State, or at least to do nothing for them- sorption of all the principal ability of the selves without asking from the State not only country into the governing body is fatal, leave to do it, but even how it is to be done, sooner or later, to the mental activity and naturally hold the State responsible for all progressiveness of the body itself. Bandevil which befalls them, and when the evil ed together as they are working a system exceeds their amount of patience, they rise which, like all systems, necessarily proceeds against the government, and make what is in a great measure by fixed rules-the official called a revolution; whereupon somebody body are under the constant temptation of else, with or without legitimate authority sinking into indolent routine, or, if they now from the nation, vaults into the seat, issues and then desert that mill-horse round, of his orders to the bureaucracy, and every-rushing into some half-examined crudity thing goes on much as it did before; the bu- which has struck the fancy of some leading

are of the governors. A Chinese mandarir is as much the tool and creature of a despotism as the humblest cultivator. An individual Jesuit is to the utmost degree of abasement the slave of his order, though the order itself exists for the collective power and importance of its members.