Winterslow: Essays and Characters Written ThereHazlitt, William
General
Winterslow: Essays and Characters Written There
Hazlitt, William
English essays
edge. What transpires (however maliciously or secretly) in spite of
the law, is taken for gospel, and as it is impossible to prevent
calumny, so it is impossible to counteract it on the present system,
or while every attempt to answer it is attributed to the people's
not daring to speak the truth. If any single fact or accident peeps
out, the whole character, having this legal screen before it, is
supposed to be of a piece; and the world, defrauded of the means of
coming to their own conclusion, naturally infer the worst. Hence the
saying, that reputation once gone never returns. If, however, we
grant the general licence or liberty of the press, in a scheme where
publicity is the great object, it seems a manifest _contre-sens_
that the author should be the only thing screened or kept a secret:
either, therefore, an anonymous libeller would be heard with
contempt, or if he signed his name thus --, or thus -- --, it would
be equivalent to being branded publicly as a calumniator, or marked
with the T. F. (_travail forcé_) or the broad R. (rogue) on his
back. These are thought sufficient punishments, and yet they rest on
opinion without stripes or labour. As to indecency, in proportion as
it is flagrant is the shock and resentment against it; and as vanity
is the source of indecency, so the universal discountenance and
shame is its most effectual antidote. If it is public, it produces
immediate reprisals from public opinion which no brow can stand;
and if secret, it had better be left so. No one can then say it is
obtruded on him; and if he will go in search of it, it seems odd he
should call upon the law to frustrate the object of his pursuit.
Further, at the worst, society has its remedy in its own hands
whenever its moral sense is outraged, that is, it may send to
Coventry, or excommunicate like the church of old; for though it may
have no right to prosecute, it is not bound to protect or patronise,
unless by voluntary consent of all parties concerned. Secondly, as
to rights of action, or personal liberty. These have no limit but
the rights of persons or property aforesaid, or to be hereafter
named. They are the channels in which the others run without injury
and without impediment, as a river within its banks. Every one has a
right to use his natural powers in the way most agreeable to
himself, and which he deems most conducive to his own advantage,
provided he does not interfere with the corresponding rights and
liberties of others. He has no right to coerce them by a decision of
his individual will, and as long as he abstains from this he has no
right to be coerced by an expression of the aggregate will, that is,
by law. The law is the emanation of the aggregate will, and this
will receives its warrant to act only from the forcible pressure
from without, and its indispensable resistance to it. Let us see how
this will operate to the pruning and curtailment of law. The rage of
legislation is the first vice of society; it ends by limiting it to
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