Imágenes de páginas
PDF
EPUB

SECT. XIX.

ON THE LIBERTY OF THE PRESS.

THE liberty of the prefs, however, so essential to the nature of a free state, confifts not in freedom from cenfure for any criminal matter that may be published, but in having no previous reftraints laid upon publications.— Every freeman has und ubtedly a right to lay what fentiments he pleafes before the public; to forbid this, is to deftroy the freedom of the prefs. but if he publishes what is improper, mifchievous, or illegal, he must take the consequence of his own temerity.-To fubject the prefs to the reftrictive power of a licenfer, is to fubject all freedom of fentiment to the prejudices of one man, and make him the arbitrary and infallible judge of all controverted points in learning, religion, and governinent.-But to punish (as the law does at prefent) any dangerous or offenfive writings which, when published, fhall, on a fair and impartial trial, be adjudged of a pernicious tendency, is neceffary for the prefervation of peace and good order, of government

government and religion, the only folid foundations of civil liberty. Thus the will of individuals is still left free; the abuse only of that free-will is the object of legal punishment. Neither is any restraint hereby laid upon. freedom of thought or inquiry; liberty of private sentiment is ftill left; the diffeminating or making public of bad fentiments, deftructive of the ends of fociety, is the crime which fociety corrects.-A man (Jays a fine writer on this fubject) MAY BE ALLOWED TO KEEP

POISONS IN HIS CLOSET, BUT NOT PUBLICLY TO VEND

THEM AS CORDIALS.-And to this we may add, that the only plaufible argument heretofore used for restraining the juft freedom of the press, "that it was necessary to prevent the daily abuse of it," will intirely lofe its force, when it is shown (by a seasonable exertion of the laws) that the press cannot be abused to any bad purpose without incurring a fuitable punishment: whereas it can never be used to any good one when under the controul of an inspector.-So true will it be found, that to cenfure the licentioufnefs, is to maintain the liberty of the prefs.

a Blackstone.

SECT.

SECT. XX.

ON POPULAR DISCONTENT.

THERE is infeparably annexed to our very nature and conftitution, a certain unaccountable refileffness of mind, and thought, which makes us unfatisfied with what we at prefent poffefs and enjoy, and rave after fomething paft or to come, which ever troubles, and corrupts, the pleafures of our fenfes, and of our imaginations, the enjoyments of our fortunes, or the best production of our reason, and thereby the content and happiness of our lives.

This is the true, natural, and common fource of fuch perfonal diffatisfactions, fuch domeftic complaints, and fuch popular difcontents, as afflict not only our private lives, conditions, and fortunes, but even our civil ftates and governments, and thereby confummates the particular and general infelicity of mankind; which is enough complained of by all that confider it in common actions and paffions of life, but much more in the

factions,

factions, feditions, convulfions, and fatal revolutions that bave fo frequently, and in all ages, attended all, or most of the governments in the world.

This RESTLESS HUMOUR, fo general and natural to mankind, is a weed that grows in all foils and under all climates, but feems to thrive moft, and grow fafteft in the beft.-From this original fountain iffue thofe ftreams of faction, that with the course of time and accident, overflow the wifeft conftitutions of governments and laws, and many times make men treat the best princes and trueft patriots, like the worst tyrants and most seditious disturbers of their country, and bring fuch men to scaffolds, that deserved ftatues, to violent and untimely deaths, that were worthy of the longest and the happiest lives. If fuch only as PHALARIS and AGATHOCLES, as MARIUS and CATILINE, had fallen victims to faction, or to popular rage, we should have little to wonder or complain at, but we find the wifeft, the best of men, have been facrificed to the fame idols.-SOLON and PYTHAGORAS have been allowed as fuch in their own and fucceeding ages; and yet the one was banished and the other murdered by faction, which two ambitious men had raised in commonwealths, which those two wife and excellent men themfelves had framed.-SCIPIO

and

and HANIBAL, the greatest and most glorious captains of their own, or perhaps any other age, and the best fervants of their respective commonwealths, were banifhed and difgraced by the factions of their countries: and to come nearer home, BARNEVOLT and DE WIT in Holland, Sir THOMAS MOORE, and the Earl of ESSEX, and Sir WALTER RALEIGH, in England, men esteemed the most extraordinary of their time, fell all bloody facrifices to the factions of their courts or their

countries.

There is no theme fo large and fo eafy, no difcourfe fo common and fo plausible, as the faults or corruptions of governments, the miscarriages or complaints of magistrates; none fo eafily received, and spread, even among good and well-meaning men, none fo enviously raised, and employed fo ill, nor turned to a worse or more difguifed end.-No

GOVERNMENTS, NO TIMES WERE EVER FREE FROM THEM, NOR EVER WILL BE FREE, TILL ALL MEN ARE WISE, GOOD, AND EASILY CONTENTED.-No CIVIL OR POLITICAL CONSTITUTION CAN BE PERFECT OR SECURE, WHILST THEY ARE COMPOSED OF MEN, WHO ARE FOR THE MOST PART PASSIONATE, INTERESTED, UNJUST, OR UNTHINKING, GENERALLY AND NATURALLY RESTLESS, AND UNQUIET;

DISCONTENTED

« AnteriorContinuar »