consistently prohibited; that if the principles which we have hitherto
defended are true, society has no business, _as_ society, to decide
anything to be wrong which concerns only the individual; that it cannot
go beyond dissuasion, and that one person should be as free to persuade,
as another to dissuade. In opposition to this it may be contended, that
although the public, or the State, are not warranted in authoritatively
deciding, for purposes of repression or punishment, that such or such
conduct affecting only the interests of the individual is good or bad,
they are fully justified in assuming, if they regard it as bad, that its
being so or not is at least a disputable question: That, this being
supposed, they cannot be acting wrongly in endeavouring to exclude the
influence of solicitations which are not disinterested, of instigators
who cannot possibly be impartial--who have a direct personal interest on
one side, and that side the one which the State believes to be wrong,
and who confessedly promote it for personal objects only. There can
surely, it may be urged, be nothing lost, no sacrifice of good, by so
ordering matters that persons shall make their election, either wisely
or foolishly, on their own prompting, as free as possible from the arts
of persons who stimulate their inclinations for interested purposes of
their own. Thus (it may be said) though the statutes respecting unlawful
games are utterly indefensible--though all persons should be free to
gamble in their own or each other's houses, or in any place of meeting
established by their own subscriptions, and open only to the members and
their visitors--yet public gambling-houses should not be permitted. It
is true that the prohibition is never effectual, and that whatever
amount of tyrannical power is given to the police, gambling-houses can
always be maintained under other pretences; but they may be compelled to
conduct their operations with a certain degree of secrecy and mystery,
so that nobody knows anything about them but those who seek them; and
more than this, society ought not to aim at. There is considerable force
in these arguments; I will not venture to decide whether they are
sufficient to justify the moral anomaly of punishing the accessary, when
the principal is (and must be) allowed to go free; or fining or
imprisoning the procurer, but not the fornicator, the gambling-house
keeper, but not the gambler. Still less ought the common operations of
buying and selling to be interfered with on analogous grounds. Almost
every article which is bought and sold may be used in excess, and the
sellers have a pecuniary interest in encouraging that excess; but no
argument can be founded on this, in favour, for instance, of the Maine
Law; because the class of dealers in strong drinks, though interested in
their abuse, are indispensably required for the sake of their legitimate
use. The interest, however, of these dealers in promoting intemperance