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in matters of religion prevalent in China would have to be substituted by law to the Christian religion.

In authority, defence, such as it is, has been found for every imperfection, for every abuse, for every the most pernicious and most execrable abomination that the most corrupt system of government has ever husbanded in its bosom:

And here may be seen the mischief necessarily attached to the course of him whose footsteps are regulated by the finger of this blind guide.

What is more, from hence may inferences be deduced- nor those ill-grounded ones respecting the probity or improbity, the sincerity or insincerity, of him who, standing in a public situation, blushes not to look to this blind guide, to the exclusion of, or in preference to, reason— the only guide that does not begin with shutting his own eyes, for the purpose of closing the eyes of his followers. As the world grows older, if at the same time it grows wiser (which it will do unless the period shall have arrived at which experience, the mother of wisdom, shall have become barren,) the influence of authority will in each situation, and particularly in parliament, become less and less.

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Take any part of the field of moral science, private morality, constitutional law, private law-go back a few centuries, and you will | find argument consisting of reference to authority, not exclusively, but in as large a proportion as possible. As experience has increased, authority has been gradually set aside, and reasoning, drawn from facts, and guided by reference to the end in view, true or false, has taken its place.

Of the enormous mass of Roman law heaped up in the school of Justinian -a mass, the perusal of which would employ several lives occupied by nothing else materials of this description constitute by far the greater part. A throws out at random some loose thought: B, catching it up, tells you what A thinks at least, what A said: C tells you what has been said by A and B; and thus, like an avalanche, the mass rolls on.

Happily, it is only in matters of law and religion that endeavours are made, by the favour shown and currency given to this fallacy, to limit and debilitate the exercise of the right of private inquiry in as great a degree as possible, though at this time of day the exercise of this essential right can no longer be suppressed in a complete and direct way by legal punishment.

In mechanics, in astronomy, in mathematics, in the new-born science of chemistry. no one has at this time of day either effrontery or folly enough to avow, or so much as to insinuate, that the most desirable state of these branches of useful knowledge, the most

rational and eligible course, is to substitute decision on the ground of authority, to decision on the ground of direct and specific evidence.

In every branch of physical art and science, the folly of this substitution or preference is matter of demonstration-is matter of intuition, and as such is universally acknowledged. In the moral branch of science, religion not excluded, the folly of the like receipt for correctness of opinion would not be less universally recognised, if the wealth, the ease, and the dignity attached to and supported by the maintenance of the opposite opinion, did not so steadily resist such recognition.

Causes of the employment and prevalence of this fallacy.

It is obvious that this fallacy, in all its branches, is so frequently resorted to by those who are interested in the support of abuses, or of institutions pernicious to the great body of the people, with the intention of suppressing all exercise of reason. A foolish or untenable proposition, resting on its own support or the mere credit of the utterer, could not fail speedily to encounter detection and exposure; - the same proposition, extracted from a page of Blackstone, or from the page or mouth of any other person to whom the idle and unthinking are in the habit of unconditionally surrendering their understandings, shall disarm all opposition.

Blind obsequiousness, ignorance, idleness, irresponsibility, anti-constitutional dependence, anti-constitutional independence, are the causes which enable this fallacy to maintain such an ascendency in the governing assemblies of the British empire.

First, In this situation one man is on each occasion ready to borrow an opinion of another, because through ignorance and imbecility he feels himself unable, or through want of solicitude unwilling, to form one for himself; and he is thus ignorant, if natural talent does not fail him, because he is so idle. Knowledge, especially in so wide and extensive a field, requires study; study, labour of mind, bestowed with more or less energy, for a greater or less length of time.

But, secondly, In a situation for which the strongest talents would not be more than adequate, there is frequently a failure of natural talent; because in so many instances admission to that situation depends either on the person admitted, or on others to whom, whether he has or has not the requisite talents is a matter of indifference, that no degree of intellectual deficiency, short of palpable idiocy, can have the effect of excluding a man from occupying it.

Thirdly, The sense of responsibility is in the instance of a large proportion of the members wanting altogether; because in so small

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a proportion are they at any time in any degree of dependence on the people whose fate is in their hands, and because, in the instance of the few who are in any degree so dependent, the efficient cause, and consequently the feeling of such dependence, endures during so small a proportion of the time for which they enjoy their situations because also, while so few are dependent on those on whom they ought to be dependent, so many are dependent on those who ought to be dependent on them those servants of the crown, on whose conduct they are commissioned by their constituents to act as judges. What share of knowledge, intelligence, and natural talent, is in the House, is thus divided between those who are, and their rivals who hope to be, servants of the crown. The consequence is, that, those excepted in whom knowledge, intelligence, and talent, are worse than useless, the House is composed of men, the furniture of whose minds is made up of discordant prejudices, of which on each occasion they follow that by which the interest or passion of the moment is most promoted.

Then, with regard to responsibility, so happily have matters been managed by the house, a seat there is not less clear of obligation than a seat in the opera-house: in both, a man takes his seat, then only when ne cannot find more amusement elsewhere; for both the qualifications are the same, a ticket begged or bought: in neither is a man charged with any obligation, other than the negative one of not being a nuisance to the company; in both, the length as well as number of attendances depends on the amusement a man finds, except, in the case of the house, as regards the members dependent on the crown. True it is, that a self-called independent member is not necessarily ignorant and weak: if by accident a man possessed of knowledge and intelligence is placed in the house, his seat will not deprive him of his acquirements. All, therefore, that is meant is, only that ignorance does not disqualify, not that knowledge does. Of the crown and its creatures it is the interest that this ignorance be as thick as possible. Why? Because, the thicker the ignorance, the more completely is the furniture of men's minds made up of those interest-begotten prejudices, which render them blindly obsequious to all those who, with power in their hands, stand up to take the lead.

But the Emperor of Morocco is not more irresponsible, and therefore more likely to be ignorant and prone to be deceived by the fallacy of authority, than a member of the British Parliament: the Emperor of Morocco's power is clear of obligation; so is the member's: - the emperor's power, it is true is an integer, and the member's but a fraction

of it; but no ignorance prevents a man from becoming or continuing Emperor of Morocco, nor from becoming or continuing a member :

the emperor's title is derived from birth; so is that of many a member :-to enjoy his despotism, no fraud, insincerity, hypocrisy, or jargon, is necessary to the emperor; much of all to the member: - by ascending and maintaining his throne, no principle is violated by the emperor; by the member, if a borough-holder, many are violated on his taking and retaining his seat: - by being a despot, the emperor is not an impostor; the member is: the emperor pretends not to be a trustee, agent, deputy, delegate, representative; lying is not among the accompaniments of his tyranny and insolence; the member does pretend all this, and (if a borough-holder) lies. A trust-holder? Yes; but a trust-breaker; - an agent? Yes; but for himself; —a representative of the people? Yes; but so as Mr. Kemble is of Macbeth; -a deputy? Yes; because it has not been in their power to depute, to delegate anybody else:— deputy, delegate, — neither title he assumes but for argument, and when he cannot help it; deputation being matter of fact, the word presents an act with all its circumstances - viz. fewness of the electors, their want of freedom, &c.; representation is a more convenient word-the acts, &c. are kept out of sight by it—it is a mere fiction, the offspring of lawyer-craft, and any one person or thing may be represented by any other: by canvass with colours, a man is represented; by a king, the whole people; by an ambassador, the king, and thus the people.

Remedy against the influence of this fallacy.

For banishing ignorance, for substituting to it a constantly competent measure of useful, appropriate, and general instruction, the proper, the necessary, the only means, lie not deep beneath the surface.

The sources of instruction being supposed at command, and the quantity of natural talent given, the quantity of information obtained will in every case be as the quantity of mental labour employed in the collection of it the quantity of mental labour, as the aggregate strength of the motives by which a man is excited to labour.

In the existing order of things, there is, comparatively speaking, no instruction obtained, because no labour is bestowed: no labour is bestowed, because none of the motives by which men are excited to labour are applied in this direction.

The situation being by the supposition an object of desire, if the case were such, that without labour employed in obtaining instruction, there would be no chance of obtaining the situation, or but an inferior chance;

while. in case of labour so employed, there | greatest, it is the lawyer's interest that he would be a certainty, or a superior chance: here, instruction would have its motives; here, labour applied to the attainment of instruction—here, consequently, instruction itself would have its probably efficient cause. The quality-i. e. the relative applicability of the mass of information obtained—is an object not to be overlooked.

The goodness of the quality will depend on the liberty enjoyed in respect of the choice. By prohibitions, with penalties attached to the delivery of alleged information relative to a subject in question, or any part of it, the quality of the whole mass is impaired, and an implied certificate is given of the truth and utility of whatsoever portion is thus endeavoured to be suppressed.

APPENDIX.

Examples of descriptions of persons whose declared opinions upon a question of legislation are peculiarly liable to be tinged with falsity by the action of sinister interest.

1. Lawyers; oppositeness of their interest to

the universal interest.

THE opinions of lawyers in a question of legislation, particularly of such lawyers as are or have been practising advocates, are peculiarly liable to be tinged with falsity by the operation of sinister interest. To the interest of the community at large, that of every advocate is in a state of such direct and constant opposition (especially in civil matters,) that the above assertion requires an apology to redeem it from the appearance of trifling: the apology consists in the extensively prevailing propensity to overlook and turn aside from a fact so entitled to notice. It is the people's interest, that delay, vexation, and expense of procedure, should be as small as possible: it is the advocate's, that they should be as great as possible; viz. expense, in so far as his profit is proportioned to it factitious vexation and delay, in so far as inseparable from the profit-yielding part of the expense. As to uncertainty in the law, it is the people's interest that each man's security against wrong should be as complete as possible; that all his rights should be known to him; that all acts, which in the case of his doing them will be treated as offences, may be known to him as such, together with their eventual punishment, that he may avoid committing them, and that others may, in as few instances as possible, suffer either from the wrong, or from the expensive and vexatious remedy. Hence it is their interest, that as to all these matters the rule of action, in so far as it applies to each man, should at all times be not only discoverable, but actually present to his mind. Such knowledge, which it is every man's interest to possess to the

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possess it to the narrowest, extent, possible. It is every man's interest to keep out of lawyers' hands as much as possible—it is the lawyer's interest to get him in as often, and keep him in as long, as possible, and thence, that any written expression of the words necessary to keep non-lawyers out of his hand may as long as possible be prevented from coming into existence; and when in existence, may as long as possible be kept from being present to his mind, — and when presented, from staying there.* It is the lawyer's interest, therefore, that people should continually suffer for the non-observance of laws, which, so far from having received efficient promulgation, have never yet found any authoritative expression in words. This is the perfection of oppression: yet, propose that access to knowledge of the laws be afforded by means of a code, lawyers, one and all, will join in declaring it impossible. To any effect, as occasion occurs, a judge will forge a rule of law: to that same effect, in any determinate form of words, propose to make a law, that same judge will declare it impossible. It is the judge's interest that on every occasion his declared opinion be taken for the standard of right and wrong - that whatever he declares right or wrong be universally received as such, how contrary soever such declaration be to truth and utility, or to his own declaration at other times: hence, that within the whole field of law, men's opinions of right and wrong should be as contradictory, unsettled, and thence as obsequious to him as possible; in particular, that the same conduct which to others would occasion shame and punishment, should, to him and his, occasion honour and reward; that on condition of telling a lie, it should be in his power to do what he pleases, the injustice and falsehood being regarded with complacency and reverence; that as often as by falsehood, money, or advantage in any other shape can be produced to him, it should be regarded as proper for him to employ reward or punishment, or both, for the procurement of such falsehood. Consistently with men's abstaining from violences, by which the person and property of him and his would be alarmingly endangered, it is his interest that intellectual as well as moral depravation should be as intense and extensive as possible; that transgressions cognizable by him

* A considerable proportion of what is termed the common law of England is in this oral and unwritten state. The cases in which it has been clothed with words—that is, in which it has been framed and pronounced. -are to be found in the various collections of reported decisions. These decisions, not having the sanction of a law passed pleasure by the existing judges; so that, except by the legislature, are confirmed or overruled at in matters of the most common and daily occur rence, they afford no rule of action at ali.

occasion A (the judge) is likely to think: wait till your fortune has been spent in the inquiry, and you will know; but forasmuch as it is naturally a man's wish to be able to give a guess what the result will eventually be, before he has spent his fortune, in the view if possible to avoid spending his fortune, and getting nothing in return for it, he applies, through the medium of B (an attorney,) for an opinion to C (a counsel), who, considering what D (a former judge) has, on a subject supposed to be more or less analogous to the one in question, said or been supposed to say, deduces therefrom his guess as to what, when the time comes, judge A, he thinks, will say, and gives it you. A shorter way would be, to put the question at once to A; but, for obvious reasons, this is not permitted.

On many cases, again, as well-grounded a guess might be had of an astrologer for five shillings, as of a counsel for twice or thrice as many guineas, but that the lawyer considers the astrologer as a smuggler, and puts him down.

should be as numerous as possible; that injuries and other transgressions committed by him should be reverenced as acts of virtue; that the suffering produced by such injuries should be placed, not to his account, but to the immutable nature of things, or to the wrongdoer, who, but for the encouragement from him, would not have become such. His professional and personal interest being thus adverse to that of the public, from a lawyer's declaration that the tendency of a proposed law relative to procedure, &c. is pernicious, the contrary inference may not unreasonably be drawn. From those habits of misrepresenting their own opinion (i. e. of insincerity) which are almost peculiar to this in comparison with other classes, one presumption is, that he does not entertain the opinion thus declared; - another, that if he does, he has been deceived into it by sinister interest, and the authority of co-professional men, in like manner deceivers or deceived: in other words, it is the result of interestbegotten prejudice. In the case of every other body of men, it is generally expected that their conduct and language will be for the most part directed by their own interest, that is, by their own view of it. In the case of the lawyer, the ground of this persuasion, so far from being weaker, is stronger than in any other case. His evidence being thus interested evidence, according to his own rules his declaration of opinion on the subject here pointed out would not be so much as hearable. It is true, were those rules consistently observed, judicature would be useless, and society dissolved: accordingly they are not so observed, but observed or broken pretty much at pleasure; but they are not the less among the number of those rules, the excellence and inviolability of which the lawyer is never tired of trumpeting. But on any point such as those in question, nothing could be more unreasonable, nothing more inconsistent with what has been said above, than to refuse him Example 2. Churchmen; oppositeness of a hearing. On every such point, his habits and experience afford him facilities not possessed by any one else, for finding relevant and specific arguments, when the nature of the case affords any; but the surer he is of being able to find such arguments, if any such are to be found, the stronger the reason for treating his naked declaration of opinion as unworthy of all regard: accompanied by specific arguments, it is useless; destitute of them, it amounts to a virtual confession of their non-existence.

So matters stand on the question, what ought to be law?

On the question what the law is, so long as the rule of action is kept in the state of common, alias unwritten, alias imaginary law, authority, though next to nothing, is everything. The question is, what on a given

But Packwood's opinion on the goodness of his own razors would be a safer guide for judging of their goodness, than a judge's opinion on the goodness of a proposed law: it is Packwood's interest that his razors be as good as possible; - the judge's, that the law be as bad, yet thought to be as good, as possible. It would not be the judge's interest that his commodity should be thus bad, if, as in the case of Packwood, the customer had other shops to go to; but in this case, even when there are two shops to go to, the shops being in confederacy, the commodity is equally bad in both; and the worse the commodity, the better it is said to be. In the case of the judge's commodity, no experience suffices to undeceive men; the bad quality of it is referred to any cause but the

true one.

their interest to the universal interest. In the lawyer's case it has been shown, that on the question, what on such or such a point ought to be law, to refer to a lawyer's opinion, given without or against specific reasons, is a fallacy its tendency, in proportion to the regard paid to it, deceptious; the cause of this deceptious tendency, sinister interest, to the action of which all advocates and (being made from advocates) all judges stand exposed. To the churchman's case the same reasoning applies: as in the lawyer's case, the objection dces not arise on the question, what law is, but what ought to be law, so in the churchman's case, it does not arise as to what in matters of religion is law, but as to what in those matters ought to be law. On a question not connected with religion, reference to

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a churchman's opinion as such, as authority, can scarcely be considered as a fallacy, such opinion not being likely to be considered as constitutive of authority. To understand how great would be the probability of deception, if on the question, what in matters of religion ought to be law, the unsupported opinion of a churchman were to be regarded as authority, we must develope the nature and form of the sinister interest by which any declaration of opinion from such a quarter is divested of all title to regard. The sources of a churchman's sinister interest are as follows:

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1. On entering into the profession, as condition precedent to advantage from it in the shape of subsistence and all other shapes, he makes of necessity a solemn and recorded declaration of his belief in the truth of 39 articles, framed 262 years ago - the date of which, the ignorance and violence of the time considered, should suffice to satisfy a reflecting mind of the impossibility of their being all of them really believed by any person at present. 2. In this declaration is generally understood to be included an engagement or undertaking, in case of original belief and subsequent change, never to declare, but if questioned, to deny such change.

3. In the institution thus established, he beholds shame and punishment attached to sincerity-rewards in the largest quantity to absurdity and insincerity. Now the presumptions resulting from such an application of reward and punishment, to engage men to declare assent to given propositions, are 1st, That the proposition is not believed by the proposer; 2. Thence, that it is not true; 3. Thence, that it is not believed by the acceptor. It is impossible by reward or punishment to produce real and immediate belief: but the following effects may certainly be produced:- 1. The abstaining from any declaration of disbelief; 2. Declaration of belief; 3. The turning aside from all considerations tending to produce disbelief; 4. The looking out for, and fastening exclusive attention to, all considerations tending to produce belief authority especially, by which a sort of vague and indistinct belief of the most absurd propositions has everywhere been produced.

On no other part of the field of knowledge are reward or punishment now-a-days considered as fit instruments for the production of assent or dissent. A schoolmaster would not be looked upon as sane, who, instead of putting Euclid's Demonstrations into the hands of his scholar, should, without the Demonstrations, put the Propositions into his hand, and give him a guinea for signing a paper declarative of his belief in them, or lock him up for a couple of days without food on his refusal to sign it. And so in chemistry, mechanics, husbandry, astronomy, or any

other branch of knowledge. It is true, that in those parts of knowledge in which assent and dissent are left free, the importance of truth may be esteemed not so great as here, where it is thus influenced; but the more important the truth, the more flagrant the absurdity and tyranny of employing, for the propagation of it, instruments, the employment of which has a stronger tendency to propagate error than truth.

4. For teaching such religious truths as men are allowed to teach, together with such religious error as they are thus forced to teach, the churchman sees rewards allotted in larger quantities than are allotted to the most useful services. Of much of the matter of reward thus bestowed, the disposal is in the king's hands, with the power of applying it, and motives for applying it, to the purpose of parliamentary service, paying for habitual breach of trust, and keeping in corrupt and secret dependence on his agents, those agents of the people whose duty it is to sit as judges over the agents of the king. In Ireland, of ninetenths of those, on pretence of instructing whom this vast mass of reward is extorted, it is known, that, being by conscience precluded from hearing, it is impossible that they should derive any benefit from such instruction.

In Scotland, where government reward is not employed in giving support to it, Churchof-Englandism is reduced to next to nothing.

The opinions which, in this state of things, interest engages a churchman to support, are

1. That reward to the highest extent has no tendency to promote insincerity, even where practicable, to an unlimited extent, and without chance of detection; 2. Or that money given in case of compliance, refused in case of non-compliance, is not reward for compliance; 3. Or that punishment applied in case of non-compliance, withheld in case of compliance, is not punishment; 4. Or that insincerity is not vice but virtue, and as such ought to be promoted; 5. That it is not merely consistent with, but requisite to, good government to extort money from poor and rich, to be applied as reward for doing nothing, or for doing but a small part of that which is done by others for a small proportion of the same reward, and this on pretence of rendering service, which nine-tenths of the people refuse to receive.

It is the interest of the persons thus engaged in a course of insincerity, that by the same means perseverance in the same course should be universal and perpetual; for suppose, in case of the reward being withheld, the number annually making the same declaration should be reduced to half: this would be presumptive evidence of insincerity on the part of half of those who made it before.

The more flagrant the absurdity, the stronger is each man's interest in engaging

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