The History of the Last Trial by Jury for Atheism in England: A Fragment of Autobiography Submitted for the Perusal of Her Majesty's Attorney-General and the British ClergyHolyoake, George Jacob
Philosophy
The History of the Last Trial by Jury for Atheism in England: A Fragment of Autobiography Submitted for the Perusal of Her Majesty's Attorney-General and the British Clergy
Holyoake, George Jacob
Atheism -- England; Holyoake, George Jacob, 1817-1906 -- Trials, litigation, etc.; Trials (Blasphemy) -- England
'I am aware,' he said, 'that it is a doctrine frequently urged, and I
perceive dwelt upon in this petition, that every male of a certain age
has a right, absolute and inalienable, to elect a representative to take
his place among the members in the Commons' House of Parliament. Now,
sir, I never could understand that indefeasible right. It appears to
me that that question, like every other in the practical application
of politics, is to be settled by the institutions and the laws of the
country of which the person is a native. I see no more right that a
person twenty-one years of age has to elect a member of parliament than
he has to be a juryman. I conceive that you may just as well say that
every adult male has a right to sit upon a jury to decide the most
complicated and difficult questions of property, or that every man has
a right to exercise the judicial functions, as the people did in some of
the republics of antiquity. These things, as it appears to me, are not
matters of right; but if it be for the good of the people at large, if
it be conducive to the right government of the state, if it tend to the
maintenance of the freedom and welfare of the people, that a certain
number, defined and limited by a reference to a fixed standard of
property, should have the right of electing members of parliament, and
if it be disadvantageous to the community at large that the right of
suffrage should be universal, then I say that on such a subject the
consideration of the public good should prevail, that legislation must
act upon it as on every other, and that no inalienable right can be
quoted against that which the good of the whole demands.'
If Lord Russell did not, I do see a difference between the claim of an
elector and the right of a juryman. The elector is chiefly concerned
with his own interests, the juryman with other people's--one is simple,
the other complex. But with the measure of right laid down by his
lordship in the sentiments I have quoted, I perfectly accord, and if it
could be shown that freedom of expression produced public harm, then
I would give it up. But I believe such a right would produce good, and
therefore I claim it at your hands upon the ground of public good.
Public-domain text, read in full here on John Shaqi.
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