Such admission is the more difficult because the arguments against tolerating immorality are the same as the arguments against tolerating murder and theft; and this is why the Censor seems to the inconsiderate as obviously desirable a functionary as the police magistrate. But there is this simple and tremendous difference between the cases: that whereas no evil can conceivably result from the total suppression of murder and theft, and all communities prosper in direct proportion to such suppression, the total suppression of immorality, especially in matters of religion and sex, would stop enlightenment, and produce what used to be called a Chinese civilization until the Chinese lately took to immoral courses by permitting railway contractors to desecrate the graves of their ancestors, and their soldiers to wear clothes which indecently revealed the fact that they had legs and waists and even posteriors. At about the same moment a few bold Englishwomen ventured on the immorality of riding astride their horses, a practice that has since established itself so successfully that before another generation has passed away there may not be a new sidesaddle in England or a woman who could use it if there was.
The Case for Toleration
Accordingly, there has risen among wise and farsighted men a perception of the need for setting certain departments of human activity entirely free from legal interference. This has nothing to do with any sympathy these liberators may themselves have with immoral views. A man with the strongest conviction of the Divine ordering of the universe and of the superiority of monarchy to all forms of government may nevertheless quite consistently and conscientiously be ready to lay down his life for the right of every man to advocate Atheism or Republicanism if he believes in them. An attack on morals may turn out to be the salvation of the race. A hundred years ago nobody foresaw that Tom Paine’s centenary would be the subject of a laudatory special article in The Times; and only a few understood that the persecution of his works and the transportation of men for the felony of reading them was a mischievous mistake. Even less, perhaps, could they have guessed that Proudhon, who became notorious by his essay entitled “What is Property? It is Theft” would have received, on the like occasion and in the same paper, a respectful consideration which nobody would now dream of according to Lord Liverpool or Lord Brougham. Nevertheless there was a mass of evidence to show that such a development was not only possible but fairly probable, and that the risks of suppressing liberty of propaganda were far greater than the risk of Paine’s or Proudhon’s writings wrecking civilization. Now there was no such evidence in favor of tolerating the cutting of throats and the robbing of tills. No case whatever can be made out for the statement that a nation cannot do without common thieves and homicidal ruffians. But an overwhelming case can be made out for the statement that no nation can prosper or even continue to exist without heretics and advocates of shockingly immoral doctrines. The Inquisition and the Star Chamber, which were nothing but censorships, made ruthless war on impiety and immorality. The result was once familiar to Englishmen, though of late years it seems to have been forgotten. It cost England a revolution to get rid of the Star Chamber. Spain did not get rid of the Inquisition, and paid for that omission by becoming a barely third-rate power politically, and intellectually no power at all, in the Europe she had once dominated as the mightiest of the Christian empires.
The Limits to Toleration
But the large toleration these considerations dictate has limits. For example, though we tolerate, and rightly tolerate, the propaganda of Anarchism as a political theory which embraces all that is valuable in the doctrine of Laisser-Faire and the method of Free Trade as well as all that is shocking in the views of Bakounine, we clearly cannot, or at all events will not, tolerate assassination of rulers on the ground that it is “propaganda by deed” or sociological experiment. A play inciting to such an assassination cannot claim the privileges of heresy or immorality, because no case can be made out in support of assassination as an indispensable instrument of progress. Now it happens that we have in the Julius Caesar of Shakespeare a play which the Tsar of Russia or the Governor-General of India would hardly care to see performed in their capitals just now. It is an artistic treasure; but it glorifies a murder which Goethe described as the silliest crime ever committed. It may quite possibly have helped the regicides of 1649 to see themselves, as it certainly helped generations of Whig statesmen to see them, in a heroic light; and it unquestionably vindicates and ennobles a conspirator who assassinated the head of the Roman State not because he abused his position but solely because he occupied it, thus affirming the extreme republican principle that all kings, good or bad, should be killed because kingship and freedom cannot live together. Under certain circumstances this vindication and ennoblement might act as an incitement to an actual assassination as well as to Plutarchian republicanism; for it is one thing to advocate republicanism or royalism: it is quite another to make a hero of Brutus or Ravaillac, or a heroine of Charlotte Corday. Assassination is the extreme form of censorship; and it seems hard to justify an incitement to it on anti-censorial principles. The very people who would have scouted the notion of prohibiting the performances of Julius Caesar at His Majesty’s Theatre in London last year, might now entertain very seriously a proposal to exclude Indians from them, and to suppress the play completely in Calcutta and Dublin; for if the assassin of Caesar was a hero, why not the assassins of Lord Frederick Cavendish, Presidents Lincoln and McKinley, and Sir Curzon Wyllie? Here is a strong