On Liberty by John Stuart Mill
1858. That ill-judged interference with the liberty of public discussion
649 words | Chapter 10
has not, however, induced me to alter a single word in the text, nor has
it at all weakened my conviction that, moments of panic excepted, the
era of pains and penalties for political discussion has, in our own
country, passed away. For, in the first place, the prosecutions were not
persisted in; and, in the second, they were never, properly speaking,
political prosecutions. The offence charged was not that of criticising
institutions, or the acts or persons of rulers, but of circulating what
was deemed an immoral doctrine, the lawfulness of Tyrannicide.
If the arguments of the present chapter are of any validity, there ought
to exist the fullest liberty of professing and discussing, as a matter
of ethical conviction, any doctrine, however immoral it may be
considered. It would, therefore, be irrelevant and out of place to
examine here, whether the doctrine of Tyrannicide deserves that title. I
shall content myself with saying, that the subject has been at all times
one of the open questions of morals; that the act of a private citizen
in striking down a criminal, who, by raising himself above the law, has
placed himself beyond the reach of legal punishment or control, has been
accounted by whole nations, and by some of the best and wisest of men,
not a crime, but an act of exalted virtue; and that, right or wrong, it
is not of the nature of assassination, but of civil war. As such, I hold
that the instigation to it, in a specific case, may be a proper subject
of punishment, but only if an overt act has followed, and at least a
probable connection can be established between the act 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.
[7] Thomas Pooley, Bodmin Assizes, July 31, 1857. In December following,
he received a free pardon from the Crown.
[8] George Jacob Holyoake, August 17, 1857; Edward Truelove, July, 1857.
[9] Baron de Gleichen, Marlborough-Street Police Court, August 4, 1857.
[10] Ample warning may be drawn from the large infusion of the passions
of a persecutor, which mingled with the general display of the worst
parts of our national character on the occasion of the Sepoy
insurrection. The ravings of fanatics or charlatans from the pulpit may
be unworthy of notice; but the heads of the Evangelical party have
announced as their principle, for the government of Hindoos and
Mahomedans, that no schools be supported by public money in which the
Bible is not taught, and by necessary consequence that no public
employment be given to any but real or pretended Christians. An
Under-Secretary of State, in a speech delivered to his constituents on
the 12th of November, 1857, is reported to have said: "Toleration of
their faith" (the faith of a hundred millions of British subjects), "the
superstition which they called religion, by the British Government, had
had the effect of retarding the ascendency of the British name, and
preventing the salutary growth of Christianity.... Toleration was the
great corner-stone of the religious liberties of this country; but do
not let them abuse that precious word toleration. As he understood it,
it meant the complete liberty to all, freedom of worship, _among
Christians, who worshipped upon the same foundation_. It meant
toleration of all sects and denominations of _Christians who believed in
the one mediation_." I desire to call attention to the fact, that a man
who has been deemed fit to fill a high office in the government of this
country, under a liberal Ministry, maintains the doctrine that all who
do not believe in the divinity of Christ are beyond the pale of
toleration. Who, after this imbecile display, can indulge the illusion
that religious persecution has passed away, never to return?
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