nstitutions and systematic codes of law; but they are not in
complete touch with the facts--they remain an asymptote, for the
simple reason that hard and fast conceptions never embrace all
possible cases, and cannot be made to meet individual instances. Such
conceptions resemble the stones of a mosaic rather than the delicate
shading in a picture. Nay, more: all experiments in this matter are
attended with danger; because the material in question, namely, the
human race, is the most difficult of all material to handle. It is
almost as dangerous as an explosive.
No doubt it is true that in the machinery of the State the freedom
of the press performs the same function as a safety-valve in other
machinery; for it enables all discontent to find a voice; nay, in
doing so, the discontent exhausts itself if it has not much substance;
and if it has, there is an advantage in recognising it betimes
and applying the remedy. This is much better than to repress the
discontent, and let it simmer and ferment, and go on increasing until
it ends in an explosion. On the other hand, the freedom of the press
may be regarded as a permission to sell poison--poison for the heart
and the mind. There is no idea so foolish but that it cannot be put
into the heads of the ignorant and incapable multitude, especially if
the idea holds out some prospect of any gain or advantage. And when a
man has got hold of any such idea what is there that he will not do?
I am, therefore, very much afraid that the danger of a free press
outweighs its utility, particularly where the law offers a way of
redressing wrongs. In any case, however, the freedom of the press
should be governed by a very strict prohibition of all and every
anonymity.
Generally, indeed, it may be maintained that right is of a nature
analogous to that of certain chemical substances, which cannot be
exhibited in a pure and isolated condition, but at the most only with
a small admixture of some other substance, which serves as a vehicle
for them, or gives them the necessary consistency; such as fluorine,
or even alcohol, or prussic acid. Pursuing the analogy we may say that
right, if it is to gain a footing in the world and really prevail,
must of necessity be supplemented by a small amount of arbitrary
force, in order that, notwithstanding its merely ideal and therefore
ethereal nature, it may be able to work and subsist in the real and
material world, and not evaporate and vanish into the
|