[6] These words had scarcely been written, when, as if to give them an
emphatic contradiction, occurred the Government Press Prosecutions of
1858. That ill-judged interference with the liberty of public discussion
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.
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