Front Page Titles (by Subject) NO. 32. SATURDAY, JUNE 10, 1721. Reflections upon Libelling. (Gordon) - Cato's Letters, vol. 1 November 5, 1720 to June 17, 1721 (LF ed.)
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NO. 32. SATURDAY, JUNE 10, 1721. Reflections upon Libelling. (Gordon) - John Trenchard, Cato’s Letters, vol. 1 November 5, 1720 to June 17, 1721 (LF ed.) 
Cato’s Letters, or Essays on Liberty, Civil and Religious, and Other Important Subjects. Four volumes in Two, edited and annotated by Ronald Hamowy (Indianapolis: Liberty Fund, 1995). Vol. 1.
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NO. 32. SATURDAY, JUNE 10, 1721. Reflections upon Libelling. (Gordon)
I design in this letter to lay before the town some thoughts upon libelling; a sort of writing that hurts particular persons, without doing good to the publick; and a sort of writing much complained of amongst us at this time, with great ground, but not more than is pretended.
A libel is not the less a libel for being true. This may seem a contradiction; but it is neither one in law, or in common sense: There are some truths not fit to be told; where, for example, the discovery of a small fault may do great mischief; or where the discovery of a great fault can do no good, there ought to be no discovery at all: And to make faults where there are none, is still worse.
But this doctrine only holds true as to private and personal failings; and it is quite otherwise when the crimes of men come to affect the publick. Nothing ought to be so dear to us as our country, and nothing ought to come in competition with its interests. Every crime against the publick is a great crime, though there be some greater than others. Ignorance and folly may be pleaded in alleviation of private offences; but when they come to be publick offences, they lose all benefit of such a plea: We are then no longer to consider only to what causes they are owing, but what evils they may produce; and here we shall readily find, that folly has overturned states, and private ignorance been the parent of publick confusion.
The exposing therefore of publick wickedness, as it is a duty which every man owes to truth and his country, can never be a libel in the nature of things; and they who call it so, make themselves no compliment. He who is affronted at the reading of the ten commandments, would make the decalogue a libel, if he durst; but he tempts us at the same time to form a judgment of his life and morals not at all to his advantage: Whoever calls publick and necessary truths, libels, does but apprize us of his own character, and arm us with caution against his designs. I doubt not but if the late directors had been above the Parliament, as they once thought themselves, they would have called the votes of the House of Commons against them, false and scandalouslibels.
Machiavel says, Calumny is pernicious, but accusation beneficial, to a state; and he shews instances where states have suffered or perished for not having, or for neglecting, the power to accuse great men who were criminals, or thought to be so; and hence grew the temptation and custom of slandering and reviling, which was the only remedy that the people had left them: So that the evil of calumny was owing to the want of justice, and the people were more blameless than those whom they reviled; who, having forced them upon a licentiousness of speech, did very unkindly chide and punish them for using it. Slander is certainly a very base and mean thing: But surely it cannot be more pernicious to calumniate even good men, than not to be able to accuse ill ones.
I have long thought, that the world are very much mistaken in their idea and distinction of libels. It has been hitherto generally understood that there were no other libels but those against magistrates, and those against private men: Now, to me there seems to be a third sort of libels, full as destructive as any of the former can possibly be; I mean, libels against the people. Itwas otherwise at Athens and Rome; where, though particular men, and even great men, were often treated with much freedom and severity, when they deserved it; yet the people, the body of the people, were spoken of with the utmost regard and reverence: “The sacred privileges of the people,” “The inviolable majesty of the people,” “The awful authority of the people,” and “The unap-pealable judgment of the people,” were phrases common in these wise, great, and free cities. Other modes of speech are since grown fashionable, and popular madness is now almost proverbial: But this madness of theirs, whenever it happens, is derived from external causes. Oppression, they say, will make a wise man mad; and delusion has not less force: But where there are neither oppressors nor impostors, the judgment of the people in the business of property, the preservation of whichis the principal business of government, does rarely err. Perhaps they are destituteof grimace, mystery, refinements, shrugs, dissimulation, and reserve, and theother accomplishments of courtiers: But as these are only masks to conceal theabsence of honesty and sense, the people, who possess as they do the substance, have reason to despise such insipid and contemptible shadows.
Machiavel, in the chapter where he proves that a multitude is wiser and more constant than a prince, complains, that the credit which the people should be in declines daily; for, says he, every man has liberty to speak what he pleases against them; but against a prince no man can talk without a thousand apprehensions and dangers. I have indeed often wondered, that the inveighing against the interest of the people, and calling their liberties in question, as has been and is commonly done among us by old knaves and young fools, has never been made an express crime.
I must own, I know not what treason is, if sapping and betraying the liberties of a people be not treason, in the eternal and original nature of things. Let it be remembered for whose sake government is, or could be, appointed; then let it be considered, who are more to be regarded, the governors or the governed. They indeed owe one another mutual duties; but if there be any transgressions committed, the side that is most obliged ought doubtless to bear the most: And yet it is so far otherwise, that almost all over the earth, the people, for one injury that they do their governors, receive ten thousand from them: Nay, in some countries, it is made death and damnation, not to bear all the oppressions and cruelties, which men made wanton by power inflict upon those that gave it them.
The truth is; if the people are suffered to keep their own, it is the most that they desire: But even this is a happiness which in few places falls to their lot; they are frequently robbed by those whom they pay to protect them. I know that it is a general charge against the people, that they are turbulent, restless, fickle, and unruly: Than which there can be nothing more untrue; for they are only so where they are made so. As to their being fickle, it is so false, that, on the contrary, they have almost ever a strong bent to received customs, and as strong a partiality to names and families that they have been used to: And as to their being turbulent, it is as false; since there is scarce an example in an hundred years of any people's giving governors any uneasiness, till their governors had made them uneasy: Nay, for the most part, they bear many evils without returning one, and seldomthrow off their burdens so long as they can stand under them.
But intending to handle this subject more at large in another letter, I return more directly to the business of libels.
As to libels against government, like all others, they are always base and unlawful, and often mischievous; especially when governments are impudently charged with actions and designs of which they are not guilty. It is certain, that we ought not to enter into the private vices or weaknesses of governors, any further than their private vices enter into their publick administration; and when they do, it will be impossible to stop people's mouths: They will be provoked, and shew that they are so, in spite of art and threats, if they suffer hardships and woe from the private gratifications of their superiors, from whom they have a right to expect ease and happiness; and if they be disappointed, they will be apt to deal very freely with their characters.
In truth, most libels are purely personal; they fly at men rather than things; which proceeding is as injudicious as it is unmanly. It is mean to be quarrelling with faces, names, and private pleasures; things perfectly indifferent to the world, or things out of a man's own power; and 'tis silly, as it shews those whom we attack, that we attack them not for what they do, but for what they are: And this is to provoke them without mending them. All this therefore is libelling; an offence against which the laws of almost every country, and particularly of our own, have furnished a remedy in proportion to the consequence and quality of the person offended. And it is as just that reputation should be defended by law, as that property should.
The praise of well-doing is the highest reward that worthy and disinterested men aim at, and it is villainous and ungrateful to rob them of it; and those that do it, are libellers and slanderers. On the other hand, while censure and infamy attend evil-doers, it will be some restraint, if not upon them, yet upon others, from following their example: But if men be ever suffered to do what they please without hearing of it, or being accountable for it; liberty and law will be lost, though their names may remain. And whether acting wickedly with impunity, or speaking falsely with impunity, be likely to do most hurt to human society and the peace of the world, I leave all the world to judge: common equity says, that they both ought to be punished, though not both alike.
All libels, the higher they aim, the more malignity they acquire; and therefore when they strike at the person of the prince, the measure of their guilt is complete. The office of a prince is to defend his people and their properties; an excellent and a painful office; which, where it is executed with honesty and diligence, deserves the highest applause and reward; and whoever vilifies and traduces him, is an enemy to society and to mankind, and will be punished with the consent of all who love either. And yet it is scarce possible, in a free country, to punish by a general law any libel so much as it deserves; since such a law, consisting of so many branches, and being of such vast latitude, would make all writing whatsoever, how innocent soever, and even all speaking, unsafe. Hence it is, that in Turkey, though printing were permitted, it would be of no use, because no body would dare to make any use of it.
As long as there are such things as printing and writing, there will be libels: It is an evil arising out of a much greater good. And as to those who are for locking up the press, because it produces monsters, they ought to consider that so do the sun and the Nile; and that it is something better for the world to bear some particular inconveniencies arising from general blessings, than to be wholly deprived of fire and water.
Of all sorts of libels, scurrilous ones are certainly the most harmless and contemptible: Even truth suffers by ill-manners; and ill-manners prevent the effect of lies. The letter in the Saturday's Post of the 27th past does, I think, exceed all the scurrilities which I have either heard, or seen, from the press or the pulpit. The author of it must surely be mad: he talks as if distraction were in his head, and a firebrand in his hand; and nothing can be more false, than the insinuations which he makes, and the ugly resemblances which he would draw. The paper is a heap of falsehood and treason, delivered in the style and spirit of billingsgate; and indeed most of the enemies to his Majesty's person, title, and government, have got the faculty of writing and talking, as if they had their education in that quarter.
However, as bad as that letter is (and, I think, there cannot be a worse), occasion will never be taken from scurrilous and traitorous writing, to destroy the end of writing. We know that in all times there have been men lying upon the watch to stifle liberty, under a pretence of suppressing libels; like the late King James, who, having occasion for an army to suppress Monmouth's Rebellion, would needs keep it up afterwards; because, forsooth, other rebellions might happen, for which he was resolved to give cause.
I must own, that I would rather many libels should escape, than the liberty of the press should be infringed; yet no man in England thinks worse of libels than I do; especially of such as bid open defiance to the present Protestant establishment.
Corrupt men, who have given occasion for reproach, by their base and dark practices with the late directors, being afraid of truths that affect them from the press, may be desirous of shutting it up: But honest men, with clear reputations, which they know foul mouths cannot hurt, will always be for preserving it open, as a sure sign of liberty, and a cause of it.
The best way to escape the virulence of libels, is not to deserve them; but as innocence itself is not secure against the malignity of evil tongues, it is also necessary to punish them. However, it does not follow that the press is to be sunk, for the errors of the press. No body was ever yet so ridiculous to propose a law for restraining people from travelling upon the highway, because some who used the highway committed robberies.
It is commonly said, that no nation in the world would allow such papers to come abroad as England suffers; which is only saying, that no nation in the world enjoys the liberty which England enjoys. In countries where there is no liberty, there can be no ill effects of it. No body is punished at Constantinople for libelling: Nor is there any distinction there between the liberty of the press, and the licentiousness of the press; a distinction ever to be observed by honest men and freemen.
G. I am, &c.