Imatges de pàgina
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"If, then, with this inward determination

one abuse can correction be administered | Speculative upon any scheme which he without endangering the existence of every thinks may cherish the spirit of reform. other. The expression is hailed with the greatest delight by bad and feeble men, and repeated with the most unwearied energy; and to the word Speculative, by way of reinforcement, are added theoretical, visionary, chimerical, romantic, Utopian.

not to suffer, so far as depends upon himself, the adoption of any reform which he is able to prevent, it should seem to him necessary or advisable to put on for a cover, the profession or appearance of a desire to contribute to such reform-in pursuance of the device or fallacy here in question, he will represent that which goes by the name of thereupon a concession made. The plan is "Sometimes a distinction is taken, and reform as distinguishable into two species; good in theory, but it would be bad in one of them a fit subject for approbation, practice, i. e. its being good in theory does the other for disapprobation. That which not hinder its being bad in practice. he thus professes to have marked for approbation, he will accordingly, for the ex-farther progress made in the art of irration "Sometimes, as if in consequence of a pression of such approbation, characterise ality, the plan is pronounced to be too good by some adjunct of the eulogistic cast, such to be practicable; and its being so good as as moderate, for example, or temperate, or it is, is thus represented as the very cause practical, or practicable. of its being bad in practice.

"To the other of these nominally distinct species, he will, at the same time, attach this art is at length arrived, that the very "In short, such is the perfection at which some adjunct of the dyslogistic cast, such circumstance of a plan's being susceptible as violent, intemperate, extravagant, out-of the appellation of a plan, has been rageous, theoretical, speculative, and so gravely stated as a circumstance sufficient not with hatred, at any rate with a sort of to warrant its being rejected: rejected, if accompaniment, which, to the million, is commonly felt still more galling-with con tempt." (p. 296.)

forth.

"Thus, then, in profession and to appearance, there are in his conception of the matter two distinct and opposite species of reform, to one of which his approbation, to the other his disapprobation, is attached. But the species to which his approbation is attached is an empty species-a species in which no individual is, or is intended to be, contained.

"The species to which his disapprobation is attached is, on the contrary, a crowded species, a receptacle in which the whole contents of the genus-of the genus Reform are intended to be included."-(pp. 277, 278.)

There is a propensity to push theory too far; but what is the just inference? not that theoretical propositions (i. e. all propositions of any considerable comprehension or extent) should, from such their extent, be considered to be false in toto, but only that, in the particular case, inquiry should be made whether, supposing the proposition to Anti-rational Fallacies.-When rea- be in the character of a rule generally son is in opposition to a man's interests, true, an exception ought to be taken his study will naturally be to render the out of it. It might also be imagined faculty itself, and whatever issues from that there was something wicked or it, an object of hatred and contempt. unwise in the exercise of thought; for The sarcasm and other figures of speech everybody feels a necessity for disclaim employed on the occasion are directed ing it. "I am not given to speculation, not merely against reason, but against I am no friend to theories." Can a man thought, as if there were something in disclaim theory, can he disclaim spethe faculty of thought that rendered culation, without disclaiming thought? the exercise of it incompatible with The description of persons by whom useful and successful practice. Some-this fallacy is chiefly employed are those times a plan, which would not suit the who, regarding a plan as adverse to official person's interest, is without more their interests, and not finding it on ado pronounced a speculative one; and, the ground of general utility exposed by this observation, all need of rational to any preponderant objection, have and deliberate discussion is considered recourse to this objection in the chato be superseded. The first effort of racter of an instrument of contempt, the corruptionist is to fix the epithet in the view of preventing those from

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-Pitt, Fox, Cicero, and the Attorney and Solicitor General? The proposition is new, Sir; it is the first time it was ever heard in this House. I am not prepared, Sir-this House is not prepared, to receive it. The measure implies a distrust of his Majesty's go

looking into it who might have been | stamped a character of eternity? Are otherwise disposed. It is by the fear of not all authorities against this measure seeing it practised that they are drawn to speak of it as impracticable. "Upon the face of it (exclaims some feeble or pensioned gentleman), it carries that air of plausibility, that, if you were not upon your guard, might engage you to bestow more or less of attention upon it; but were you to take the trou-vernment; their disapproval is suffible, you would find that (as it is with all these plans which promise so much) practicability would at last be wanting to it. To save yourself from this trouble, the wisest course you can take is to put the plan aside, and to think no more about the matter." This is always accompanied with a peculiar grin of triumph.

The whole of these fallacies may be gathered together in a little oration, which we will denominate the

Noodle's Oration.

cient to warrant opposition. Precaution only is requisite where danger is ap prehended. Here the high character of the individuals in question is a sufficient guarantee against any ground of alarm. Give not, then, your sanction to this measure; for, whatever be its character, if you do give your sanction to it, the same man by whom this is proposed, will propose to you others to which it will be impossible to give your consent. I care very little, Sir, for the ostensible measure; but what is there behind? What are the honourable

"What would our ancestors say to gentleman's future schemes? If we this, Sir? How does this measure pass this bill, what fresh concessions tally with their institutions? How may he not require? What further does it agree with their experience? degradation is he planning for his Are we to put the wisdom of yesterday country? Talk of evil and inconin competition with the wisdom of cen- venience, Sir! look to other countries turies? (Hear, hear!) Is beardless-study other aggregations and socieyouth to show no respect for the decisions of mature age? (Loud cries of hear! hear!) If this measure be right, would it have escaped the wisdom of those Saxon progenitors to whom we are indebted for so many of our best political institutions? Would the Dane have passed it over? Would the Norman have rejected it? Would such a notable discovery have been reserved for these modern and degenerate times? Besides, Sir, if the measure itself is good, I ask the honourable gentleman if this is the time for carrying it into execution-whether, in fact, a more unfortunate period could have been selected than that which he has chosen? If this were an ordinary measure, I should not oppose it with so much vehemence; but, Sir, it calls in question the wisdom of an irrevocable law-of a law passed at the memorable period of the Revolution. What right have we, Sir, to break down this firm column, on which the great men of that day

ties of men, and then see whether the laws of this country demand a remedy or deserve a panegyric. Was the honourable gentleman (let me ask him) always of this way of thinking? Do I not remember when he was the advocate in this House of very opposite opinions? I not only quarrel with his present sentiments, Sir, but I declare very frankly, I do not like the party with which he acts. If his own mo tives were as pure as possible, they cannot but suffer contamination from those with whom he is politically associated. This measure may be a boon to the constitution; but I will accept no favour to the constitution from such hands. (Loud cries of hear! hear!) I profess myself, Sir, an honest and upright member of the British Parlia ment, and I am not afraid to profess myself an enemy to all change and all innovation. I am satisfied with things as they are; and it will be my pride and pleasure to hand down this coun

characters which appertain in common to "Upon the whole, the following are the all the several arguments here distinguished by the name of fallacies:

"1. Whatsoever be the measure in hand, they are, with relation to it, irrelevant.

"2. They are all of them such, that the application of these irrelevant arguments ness or total absence of relevant arguments affords a presumption either of the weakon the side on which they are employed.

"3. To any good purpose they are all of them unnecessary.

try to my children as I received it from himself! let him look at home; he those who preceded me. The honour-will find there enough to do, without able gentleman pretends to justify the looking abroad, and aiming at what severity with which he has attacked the is out of his power. (Loud Cheers.) noble Lord who presides in the Court And now, Sir, as it is frequently the of Chancery; but I say such attacks custom in this House to end with a are pregnant with mischief to Govern- quotation, and as the gentleman who ment itself. Oppose Ministers. you preceded me in the debate has anticioppose Government: disgrace Minis-pated me in my favourite quotation of ters, you disgrace Government: bring The strong pull and the long pull,'— Ministers into contempt, you bring Go- I shall end with the memorable words vernment into contempt; and anarchy of the assembled Barons - Nolumus and civil war are the consequences. leges Angliæ mutari.'" Besides, Sir, the measure is unnecessary. Nobody complains of disorder in that shape in which it is the aim of your measure to propose a remedy to it. The business is one of the greatest importance; there is need of the greatest caution and circumspection. Do not let us be precipitate, Sir. It is impossible to foresee all consequences. Everything should be gradual: the example of a neighbouring nation should fill us with alarm! The honourable gentleman has taxed me with illiberality, Sir. I deny the charge. I hate innovation; but I love improvement. I am an enemy to the corruption of Government; but I defend its influence. I dread Reform; but I dread it only when it is intemperate. I consider the liberty of the Press as the great Palladium of the Constitution; but, at the same time, I hold the licentiousness of the Press in the greatest abhorrence. Nobody is more conscious than I am of the splendid abilities of the honourable mover; but I tell him at once his scheme is too good to be practicable. It savours of Utopia. It looks well in theory; but it won't do in practice. It will not do, I repeat, Sir, in practice; and so the advocates of the measure will find, if unfortunately it should find its way through Parliament. (Cheers.) The source of that corruption to which the honourable member alludes, is in the minds of the people: so rank and extensive is that corruption, that no political reform can have any effect in removing it. Instead of reforming others -instead of reforming the State, the Constitution, and everything that is most excellent, let each man reform

"4. They are all of them not only capable of being applied, but actually in the habit of being applied, and with advantage, to defeat of all such measures as have for their bad purposes; viz. to the obstruction and object the removal of the abuses or other imperfections still discernible in the frame and practice of the government.

"5. By means of their irrelevancy, they all of them consume and misapply time, thereby obstructing the course and retarding the progress of all necessary and useful business.

"6. By that irritative quality which, in bity or weakness of which it is indicative, virtue of their irrelevancy, with the improthey possess, all of them, in a degree more or less considerable, but in a more particular degree such of them as consist in personalities, they are productive of ill-humour, which in some instances has been productive of bloodshed, and is continually productive, as above, of waste of time and

hindrance of business.

"7. On the part of those who, whether in spoken or written discourses, give utterance to them, they are indicative either of improbity or intellectual weakness, or of a contempt for the understanding of those on whose minds they are destined to operate.

"8. On the part of those on whom they operate, they are indicative of intellectual weakness; and on the part of those in and by whom they are pretended to operate they are indicative of improbity, viz. in the shape of insincerity.

law appertain to them, and to preserve | Ministers. The potting lady goes snifinviolate the doctrine, discipline, wor-fing about, and admitting light and ship, and government of the Church. air to prevent the progress of decay; It has been suggested that by this while to him of the Woolsack, all oath the King stands precluded from seems doubly dear in proportion as it granting those indulgences to the Irish is antiquated, worthless, and unusable. Catholics which are included in the It ought not to be in the power of the bill for their emancipation. The true Sovereign to tie up his own hands, meaning of these provisions is, of much less the hands of his successors. course, to be decided, if doubtful, by If the Sovereign is to oppose his the same legislative authority which own opinion to that of the two other enacted them. But a different notion it branches of the Legislature, and himseems is now afloat. The King for self to decide what he considers to the time being (we are putting an be for the benefit of the Protestant imaginary case) thinks as an indivi- Church, and what not, a king who has dual, that he is not maintaining the spent his whole life in the frivolous doctrine, discipline, and rights of the occupation of a court, may, by perverChurch of England, if he grant any sion of understanding, conceive meaextension of civil rights to those who sures most salutary to the Church to are not members of that Church, that be most pernicious; and persevering he is violating his oath by so doing. obstinately in his own error, may frusThis oath, then, according to this rea- trate the wisdom of his Parliament, soning, is the great palladium of the and perpetuate the most inconceivable Church. As long as it remains invio- folly! If Henry VIII. had argued in late the Church is safe. How then can this manner, we should have had no any monarch who has taken it ever Reformation. If George III had consent to repeal it? How can he, always argued in this manner, the consistently with his oath for the pre- Catholic Code would never have been servation of the privileges of the relaxed. And thus, a king, however Church, contribute his part to throw incapable of forming an opinion upon down so strong a bulwark as he deems serious subjects, has nothing to do but this oath to be? The oath, then, can- to pronounce the word Conscience, and not be altered. It must remain under the whole power of the country is at all circumstances of society the same. his feet. The King, who has taken it, is bound to continue it, and to refuse his sanction to any bill for its future alteration; because it prevents him, and he must needs think, will prevent others, from granting dangerous immunities to the enemies of the Church.

Can there be greater absurdity than to say that a man is acting con trary to his conscience who surrenders his opinion upon any subject to those who must understand the subject better than himself? I think my ward has a claim to the estate; but the best Here, then, is an irrevocable law—a lawyers tell me he has none. I think my piece of absurd tyranny exercised by son capable of undergoing the fatigues the rulers of Queen Anne's time upon of a military life; but the best physi the government of 1825-a certain cians say he is much too weak. My art of potting and preserving a king- Parliament say this measure will do dom, in one shape, attitude and flavour the Church no harm; but I think it and in this way it is that an institu- very pernicious to the Church. Am 1 tion appears like old Ladies' Sweet-acting contrary to my conscience bemeats and made Wines - Apricot cause I apply much higher intellectual Jam, 1822- Currant Wine, 1819- powers than my own to the investiga Court of Chancery, 1427-Penal Laws tion and protection of these high inagainst Catholics, 1676. The differ-terests ?

ence is, that the Ancient Woman is a

better judge of mouldy commodities "According to the form in which it is than the liberal part of his Majesty's conceived, any such engagement is in effect

either a check or a licence:-a licence under | mix up intimations, that the most exalted the appearance of a check, and for that patriotism, honour, and perhaps religion, very reason but the more efficiently opera- are the only sources of all their actions."tive. (p. 120.)

"Chains to the man in power? Yes:-but only such as he figures with on the stage:

to the spectators as imposing, to himself as light as possible. Modelled by the wearer to suit his own purposes, they serve to rattle, but not to restrain.

Of course every man will try what he can effect by these means; but (as Mr. Bentham observes) if there be any one maxim in politics more certain than another, it is that no possible "Suppose a King of Great Britain and degree of virtue in the governor can Ireland to have expressed his fixed deter-render it expedient for the governed mination, in the event of any proposed law being tendered to him for his assent, toto dispense with good laws and good institutions. Madame de Stael (to her disgrace) said to the Emperor of Russia, "Sire, your character is a constitution for your country, and your conscience its guarantee." His reply was, "Quand cela serait, je ne serais jamais qu'un accident heureux ;" and this we think one of the truest and most brilliant replies ever made by monarch.

refuse such assent, and this not on the persuasion that the law would not he 'for the utility of the subjects,' but that by his coronation oath he stands precluded from so doing:- the course proper to be taken by parliament, the course pointed out by principle and precedent, would be, a vote of abdication:-a vote declaring the king to have abdicated his royal authority, and that, as in case of death or incurable mental derangement, now is the time for the person next in succession to take his place. “In the celebrated case in which a vote to this effect was actually passed, the declaration of abdication was in lawyers' language a fiction-in plain truth a falsehood - and that falsehood a mockery; not a particle of his power was it the wish of James to abdicate, to part with; but to increase it to a maximum was the manifest object of all his efforts. But in the case here supposed, with respect to a part, and that a principal part, of the royal authority, the will and purpose to abdicate is actually declared: and this, being such a part, without which the remainder cannot, 'to the utility of the subjects,' be exercised, the remainder must of necessity be, on their part, and for their sake, added."-(pp. 110, 111.)

Self-Trumpeter's Fallacy.-Mr. Bentham explains the self-trumpeter's fallacy as follows:—

The measure

of laudatory personalities is to effect the Laudatory Personalities." The object rejection of a measure on account of the alleged good character of those who oppose it: and the argument advanced is, "The virtues of those who are in power-their measure is rendered unnecessary by the opposition is a sufficient authority for the rejection of the measure. proposed implies a distrust of the members of His Majesty's Government; but so great is their integrity, so complete their disinterestedness, so uniformly do they prefer the public advantage to their own, that such a measure is altogether unnecessary. Their disapproval is sufficient to warrant an opposition; precautions can only be requisite where danger is apprehended: here, the high character of the individuals in question is a sufficient guarantee against any ground of alarm.'"- (pp. 123, 124.)

The panegyric goes on increasing All are honourable and delightful men. with the dignity of the lauded person. The person who opens the door of the office is a person of approved fidelity; the junior clerk is a model of assiduity; all the clerks are models-seven years' models, eight years' models, nine years' models and upwards. The first clerk is a paragon-and ministers the very and as for the highest magistrate of perfection of probity and intelligence;

“There are certain men in office who, in discharge of their functions, arrogate to themselves a degree of probity, which is to exclude all imputations and all inquiry. Their assertions are to be deemed equivalent to proof; their virtues are guarantees for the faithful discharge of their duties; and the most implicit confidence is to be reposed in them on all occasions. If you expose any abuse, propose any reform, call for securities, inquiry, or measures to promote publicity, they set up a cry of surprise, amounting almost to indignation, as if their the state, no adulation is equal to deintegrity were questioned, or their honour scribe the extent of his various merits ! Wounded. With all this, they dexterously It is too condescending perhaps to YOL. IL

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