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unless we are willing to adopt the logic of persecutors; and to say



that we may persecute others because we are right; and that they



must not persecute us because they are wrong; we must beware of



admitting a principle of which we should resent as a gross injustice



the application to ourselves。



  The preceding instances may be objected to; although unreasonably;



as drawn from contingencies impossible among us: opinion; in this



country; not being likely to enforce abstinence from meats; or to



interfere with people for worshipping; and for either marrying or



not marrying; according to their creed or inclination。 The next



example; however; shall be taken from an interference with liberty



which we have by no means passed all danger of。 Wherever the



Puritans have been sufficiently powerful; as in New England; and in



Great Britain at the time of the Commonwealth; they have



endeavoured; with considerable success; to put down all public; and



nearly all private; amusements: especially music; dancing; public



games; or other assemblages for purposes of diversion; and the



theatre。 There are still in this country large bodies of persons by



whose notions of morality and religion these recreations are



condemned; and those persons belonging chiefly to the middle class;



who are the ascendant power in the present social and political



condition of the kingdom; it is by no means impossible that persons of



these sentiments may at some time or other command a majority in



Parliament。 How will the remaining portion of the community like to



have the amusements that shall be permitted to them regulated by the



religious and moral sentiments of the stricter Calvinists and



Methodists? Would they not; with considerable peremptoriness; desire



these intrusively pious members of society to mind their own business?



This is precisely what should be said to every government and every



public; who have the pretension that no person shall enjoy any



pleasure which they think wrong。 But if the principle of the



pretension be admitted; no one can reasonably object to its being



acted on in the sense of the majority; or other preponderating power



in the country; and all persons must be ready to conform to the idea



of a Christian commonwealth; as understood by the early settlers in



New England; if a religious profession similar to theirs should ever



succeed in regaining its lost ground; as religions supposed to be



declining have so often been known to do。



  To imagine another contingency; perhaps more likely to be realised



than the one last mentioned。 There is confessedly a strong tendency in



the modern world towards a democratic constitution of society;



accompanied or not by popular political institutions。 It is affirmed



that in the country where this tendency is most completely realised…



where both society and the government are most democratic… the United



States… the feeling of the majority; to whom any appearance of a



more showy or costly style of living than they can hope to rival is



disagreeable; operates as a tolerably effectual sumptuary law; and



that in many parts of the Union it is really difficult for a person



possessing a very large income to find any mode of spending it which



will not incur popular disapprobation。 Though such statements as these



are doubtless much exaggerated as a representation of existing



facts; the state of things they describe is not only a conceivable and



possible; but a probable result of democratic feeling; combined with



the notion that the public has a right to a veto on the manner in



which individuals shall spend their incomes。 We have only further to



suppose a considerable diffusion of Socialist opinions; and it may



become infamous in the eyes of the majority to possess more property



than some very small amount; or any income not earned by manual



labour。 Opinions similar in principle to these already prevail



widely among the artisan class; and weigh oppressively on those who



are amenable to the opinion chiefly of that class; namely; its own



members。 It is known that the bad workmen who form the majority of the



operatives in many branches of industry; are decidedly of opinion that



bad workmen ought to receive the same wages as good; and that no one



ought to be allowed; through piecework or otherwise; to earn by



superior skill or industry more than others can without it。 And they



employ a moral police; which occasionally becomes a physical one; to



deter skilful workmen from receiving; and employers from giving; a



larger remuneration for a more useful service。 If the public have



any jurisdiction over private concerns; I cannot see that these people



are in fault; or that any individual's particular public can be blamed



for asserting the same authority over his individual conduct which the



general public asserts over people in general。



  But; without dwelling upon supposititious cases; there are; in our



own day; gross usurpations upon the liberty of private life actually



practised; and still greater ones threatened with some expectation



of success; and opinions propounded which assert an unlimited right in



the public not only to prohibit by law everything which it thinks



wrong; but; in order to get at what it thinks wrong; to prohibit a



number of things which it admits to be innocent。



  Under the name of preventing intemperance; the people of one English



colony; and of nearly half the United States; have been interdicted by



law from making any use whatever of fermented drinks; except for



medical purposes: for prohibition of their sale is in fact; as it is



intended to be; prohibition of their use。 And though the



impracticability of executing the law has caused its repeal in several



of the States which had adopted it; including the one from which it



derives its name; an attempt has notwithstanding been commenced; and



is prosecuted with considerable zeal by many of the professed



philanthropists; to agitate for a similar law in this country。 The



association; or 〃Alliance〃 as it terms itself; which has been formed



for this purpose; has acquired some notoriety through the publicity



given to a correspondence between its secretary and one of the very



few English public men who hold that a politician's opinions ought



to be founded on principles。 Lord Stanley's share in this



correspondence is calculated to strengthen the hopes already built



on him; by those who know how rare such qualities as are manifested in



some of his public appearances unhappily are among those who figure in



political life。 The organ of the Alliance; who would 〃deeply deplore



the recognition of any principle which could be wrested to justify



bigotry and persecution;〃 undertakes to point out the 〃broad and



impassable barrier〃 which divides such principles from those of the



association。 〃All matters relating to thought; opinion; conscience;



appear to me;〃 he says; 〃to be without the sphere of legislation;



all pertaining to social act; habit; relation; subject only to a



discretionary power vested in the State itself; and not in the



individual; to be within it。〃



  No mention is made of a third class; different from either of these;



viz。; acts and habits which are not social; but individual; although



it is to this class; surely; that the act of drinking fermented



liquors belongs。 Selling fermented liquors; however; is trading; and



trading is a social act。 But the infringement complained of is not



on the liberty of the seller; but on that of the buyer and consumer;



since the State might just as well forbid him to drink wine as



purposely make it impossible for him to obtain it。 The secretary;



however; says; 〃I claim; as a citizen; a right to legislate whenever



my social rights are invaded by the social act of another。〃 And now



for the definition of these 〃social rights。〃 〃If anything invades my



social rights; certainly the traffic in strong drink does。 It destroys



my primary right of security; by constantly creating and stimulating



social disorder。 It invades my right of equality; by deriving a profit



from the creation of a misery I am taxed to support。 It impedes my



right to free moral and intellectual development; by surrounding my



path with dangers; and by weakening and demoralising society; from



which I have a right to claim mutual aid and intercourse。〃 A theory of



〃social rights〃 the like of which probably never before found its way



into distinct language: being nothing short of this… that it is the



absolute social right of every individual; that every other individual



shall act in every respect exactly as he ought; that whosoever fails



thereof in the smallest particular violates my social right; and



entitles me to demand from the legislature the removal of the



grievance。 So monstrous a principle is far more dangerous than any



single interference with liberty; there is no violation of liberty



which it would not justify; it acknowledges no right to any freedom



whatever; except perhaps to that of holding opinions in secret;



without ever disclosing them: for; the moment an opinion which I



consider noxious passes any one's lips; it invades all the 〃social



rights〃 attributed to me by the Alliance。 The doctrine ascribes to all



mankind a vested interest in each other's moral; intellectual; and



even physical perfection; to be defined by each claimant according



to his own standard。



  Another important example of illegitimate interference with the



rightful liberty of the individual; not simply threatened; but long



since carried into triumphant effect; is Sabbatarian legislation。



Without doubt; abstinence on one day in the week; so far as the



exigencies of life permit; from the usual daily 

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