Moreover, in the case of the plaintiff in any suit residing out of
England, a large sum for costs must be deposited at the English tribunal
into which the suit is brought; a kind of foregone conclusion that the
plaintiff has no valid case, which seems to me very prejudicial to that
person.
What, then, is to be done in such circumstances?
Nothing at all. You must endure the injury, leave unpunished the
plagiarism; and the offender escapes scot-free.
I do not think that anyone should sue another for any mere expression of
opinion, however hostile or rudely expressed, as Mr Whistler sued Mr
Ruskin, for the liberty of the Press is of more importance than the
annoyance of individuals.
But some protection is required against swindling in literature; and at
the present moment none exists. Practically none exists either against
libel. I saw, a few years ago, three very gross and libellous English
newspaper articles upon myself, and sent them to a high personage in the
law, who is always kind enough to give me his advice, and asked him if
he considered it worth while for me to prosecute them. He wrote me in
answer: 'All three articles are foully slanderous, yet one only,
perhaps, would come within the grip of the law; upon this one you would
most certainly obtain damages, but prosecution entails so much expense,
trouble, worry, and insult, to the aggrieved party, that I would always
say to any friend of mine what I say now to you: Do not do that which
you have a perfect right to do.'
I followed the advice, for if one asks counsel of a person whom one
respects, one ought to submit to it; but the fact remains that, for the
most offensive social libels, there is, neither in law nor in society,
any means of obtaining redress which a great lawyer can honestly
recommend to a friend. For such matters, why cannot there be a tribunal
set apart from other tribunals; one having the attributes of a Court of
Honour, and without the odious publicity of Courts of Law?
Public-domain text, read in full here on John Shaqi.
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