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general public asserts over people in general。
But； without dwelling upon supposititious cases； there are； in our
own day； gross usurpations upon the liberty of private life actually
practised； and still greater ones threatened with some expectation
of success； and opinions propounded which assert an unlimited right in
the public not only to prohibit by law everything which it thinks
wrong； but； in order to get at what it thinks wrong； to prohibit a
number of things which it admits to be innocent。
Under the name of preventing intemperance； the people of one English
colony； and of nearly half the United States； have been interdicted by
law from making any use whatever of fermented drinks； except for
medical purposes： for prohibition of their sale is in fact； as it is
intended to be； prohibition of their use。 And though the
impracticability of executing the law has caused its repeal in several
of the States which had adopted it； including the one from which it
derives its name； an attempt has notwithstanding been commenced； and
is prosecuted with considerable zeal by many of the professed
philanthropists； to agitate for a similar law in this country。 The
association； or 〃Alliance〃 as it terms itself； which has been formed
for this purpose； has acquired some notoriety through the publicity
given to a correspondence between its secretary and one of the very
few English public men who hold that a politician's opinions ought
to be founded on principles。 Lord Stanley's share in this
correspondence is calculated to strengthen the hopes already built
on him； by those who know how rare such qualities as are manifested in
some of his public appearances unhappily are among those who figure in
political life。 The organ of the Alliance； who would 〃deeply deplore
the recognition of any principle which could be wrested to justify
bigotry and persecution；〃 undertakes to point out the 〃broad and
impassable barrier〃 which divides such principles from those of the
association。 〃All matters relating to thought； opinion； conscience；
appear to me；〃 he says； 〃to be without the sphere of legislation；
all pertaining to social act； habit； relation； subject only to a
discretionary power vested in the State itself； and not in the
individual； to be within it。〃
No mention is made of a third class； different from either of these；
viz。； acts and habits which are not social； but individual； although
it is to this class； surely； that the act of drinking fermented
liquors belongs。 Selling fermented liquors； however； is trading； and
trading is a social act。 But the infringement complained of is not
on the liberty of the seller； but on that of the buyer and consumer；
since the State might just as well forbid him to drink wine as
purposely make it impossible for him to obtain it。 The secretary；
however； says； 〃I claim； as a citizen； a right to legislate whenever
my social rights are invaded by the social act of another。〃 And now
for the definition of these 〃social rights。〃 〃If anything invades my
social rights； certainly the traffic in strong drink does。 It destroys
my primary right of security； by constantly creating and stimulating
social disorder。 It invades my right of equality； by deriving a profit
from the creation of a misery I am taxed to support。 It impedes my
right to free moral and intellectual development； by surrounding my
path with dangers； and by weakening and demoralising society； from
which I have a right to claim mutual aid and intercourse。〃 A theory of
〃social rights〃 the like of which probably never before found its way
into distinct language： being nothing short of this… that it is the
absolute social right of every individual； that every other individual
shall act in every respect exactly as he ought； that whosoever fails
thereof in the smallest particular violates my social right； and
entitles me to demand from the legislature the removal of the
grievance。 So monstrous a principle is far more dangerous than any
single interference with liberty； there is no violation of liberty
which it would not justify； it acknowledges no right to any freedom
whatever； except perhaps to that of holding opinions in secret；
without ever disclosing them： for； the moment an opinion which I
consider noxious passes any one's lips； it invades all the 〃social
rights〃 attributed to me by the Alliance。 The doctrine ascribes to all
mankind a vested interest in each other's moral； intellectual； and
even physical perfection； to be defined by each claimant according
to his own standard。
Another important example of illegitimate interference with the
rightful liberty of the individual； not simply threatened； but long
since carried into triumphant effect； is Sabbatarian legislation。
Without doubt； abstinence on one day in the week； so far as the
exigencies of life permit； from the usual daily occupation； though
in no respect religiously binding on any except Jews； is a highly
beneficial custom。 And inasmuch as this custom cannot be observed
without a general consent to that effect among the industrious
classes； therefore； in so far as some persons by working may impose
the same necessity on others； it may be allowable and right that the
law should guarantee to each the observance by others of the custom；
by suspending the greater operations of industry on a particular
day。 But this justification； grounded on the direct interest which
others have in each individual's observance of the practice； does
not apply to the self…chosen occupations in which a person may think
fit to employ his leisure； nor does it hold good； in the smallest
degree； for legal restrictions on amusements。 It is true that the
amusement of some is the day's work of others； but the pleasure； not
to say the useful recreation； of many； is worth the labour of a few；
provided the occupation is freely chosen； and can be freely
resigned。 The operatives are perfectly right in thinking that if all
worked on Sunday； seven days' work would have to be given for six
days' wages； but so long as the great mass of employments are
suspended； the small number who for the enjoyment of others must still
work； obtain a proportional increase of earnings； and they are not
obliged to follow those occupations if they prefer leisure to
emolument。 If a further remedy is sought； it might be found in the
establishment by custom of a holiday on some other day of the week for
those particular classes of persons。 The only ground； therefore； on
which restrictions on Sunday amusements can be defended； must be
that they are religiously wrong； a motive of legislation which can
never be too earnestly protested against。 Deorum injuriae Diis
curae。 It remains to be proved that society or any of its officers
holds a commission from on high to avenge any supposed offence to
Omnipotence； which is not also a wrong to our fellow creatures。 The
notion that it is one man's duty that another should be religious； was
the foundation of all the religious persecutions ever perpetrated；
and； if admitted； would fully justify them。 Though the feeling which
breaks out in the repeated attempts to stop railway travelling on
Sunday； in the resistance to the opening of Museums； and the like； has
not the cruelty of the old persecutors； the state of mind indicated by
it is fundamentally the same。 It is a determination not to tolerate
others in doing what is permitted by their religion； because it is not
permitted by the persecutor's religion。 It is a belief that God not
only abominates the act of the misbeliever； but will not hold us
guiltless if we leave him unmolested。
I cannot refrain from adding to these examples of the little account
commonly made of human liberty； the language of downright
persecution which breaks out from the press of this country whenever
it feels called on to notice the remarkable phenomenon of Mormonism。
Much might be said on the unexpected and instructive fact that an
alleged new revelation； and a religion founded on it； the product of
palpable imposture； not even supported by the prestige of
extraordinary qualities in its founder； is believed by hundreds of
thousands； and has been made the foundation of a society； in the age
of newspapers； railways； and the electric telegraph。 What here
concerns us is； that this religion； like other and better religions；
has its martyrs： that its prophet and founder was； for his teaching；
put to death by a mob； that others of its adherents lost their lives
by the same lawless violence； that they were forcibly expelled； in a
body； from the country in which they first grew up； while； now that
they have been chased into a solitary recess in the midst of a desert；