« VorigeDoorgaan »
fied, and by thy words thou shalt be condemned :: by thy words, as well, that is, as by thy actions ; the one shall be taken into the account as well as the other, for they both possess the same property of voluntarily producing good or evil.
Slander may be distinguished into two kinds, ma licious slander, and inconsiderate slander.
Malicious slander, is the relating of either truth or falsehood, for the purpose of creating misery.
I acknowledge that the truth or falsehood of what is related varies the degree of guilt considerably; and that slander, in the ordinary acceptation of the term, signifies the circulation of mis. chievous falsehoods : but truth may be made in. strumental to the success of malicious designs as well as falsehood; and if the end be bad, the means cannot be innocent.
I think the idea of slander ought to be confined to the production of gratuitous mischief. When we have an end or interest of our own to serve, if we attempt to compass it by falsehood, it is fraud ; if by a publication of the truth, it is not without some additional circumstance of breach of promise, betraying of confidence, or the like, to be deemed criminal.
Sometimes the pain is intended for the person to whom we are speaking ; at other times, an enmity is to be gratified by the prejudice or disquiet of a third person. To infuse suspicions, to kindle or continue disputes, to avert the favour and esteem of benefactors from their dependants, to render some one whom we dislike contemptible or obnoxious in the public opinion, are all offices of slander ; of which the guilt must be measured by the intensity and extent of the misery produced.
The disguises under which slander is conveyed, whether in a whisper, with injunctions of secresy, by way of caution, or with affected reluctance, are all so many aggravations of the offence, as they indicate more deliberation and design.
Inconsiderate slander is a different offence, although the same mischief actually follow, and although the mischief might have been foreseen. The not being conseious of that design which we
have hitherto attributed to the slanderer, makes the difference.
The guilt here consists in the want of that regard to the consequences of our conduct, which a just affection for human happiness, and concern for our duty, would not have failed to have produced in us. And it is no answer to this crimination to say,
that we entertained no evil design. A servant may be a very bad servant, and yet seldom or never design to act in opposition to his master's interest or will : and his master may justly punish such servant for a thoughtlessness and neglect nearly as prejudicial as deliberate disobedience. I accuse you not, he may say, of any express intention to hurt me; but had not the fear of my dis. pleasure, the care of my interest, and indeed all the qualities which constitute the merit of a good servant, been wanting in you, they would not only have excluded every direct purpose of giving me uneasiness, but have been so far present to your thoughts, as to have checked that unguarded licentiousness by which I have suffered so much, and inspired you in its place with an habitual solis citude about the effects and tendency of what you did or said.This very much resembles the case of all sins of inconsideration ; and, amongst the foremost of these, that of inconsiderate slander.
Information communicated for the real purpose of warning, or cautioning, is not slander.
Indiscriminate praise is the opposite of slander, but it is the opposite extreme ; and, however it may affect to be thought excess of candour, is commonly the effusion of a frivolous understanding, or proceeds from a settled contempt of all moral distinctions,
wise, that the several examples are drawn from instances of small and tolerable injuries. A rule which forbade all opposition to injury, or defence against it, could have no other effect, than to put the good 'in subjection to the bad, and deliver one half of mankind to the depredation of the other half; which must be the case, so long as some considered themselves as bound by such a rule, whilst others despised it. St. Paul, though no one inculcated forgiveness and forbearance with a deeper sense of the value and obligation of these virtues, did not interpret either of them to require an unresisting submission to every contumely, or a neglect of the means of safety and self-defence. He took refuge in the laws of his country, and in the privileges of a Roman citizen, from the conspiracy of the Jews, (Acts xxv. 11.) and from the clandestine violence of the chief captain. (Acts xxii. 25.) And yet this is the same apostle who reproved the litigiousness of his Corinthian converts with so much severity. “Now, therefore, there is utterly a fault among you, because ye go to law one with another. Why do ye not rather take wrong? why do ye not rather suffer yourselves to be defrauded?”
On the one hand, therefore, Christianity excludes all vindictive motives, and all frivolous causes, of prosecution ; so that where the injury is small, where no good purpose of public example is an. swered, where forbearance is not likely to invite a repetition of the injury, or where the expense of an action becomes a punishment too severe for the offence; there the Christian is withholden by the authority of his religion from going to law.
On the other hand, a lawsuit is inconsistent with no rule of the gospel, when it is instituted
1. For the establishing of some important right.
2. For the procuring a compensation for some considerable damage.
8. For the preventing of future injury. But, since it is supposed to be undertaken simply with a view to the ends of justice and safety, the prosecutor of the action is bound to confine himself to the cheapest process which will accom. plish these ends, as well as to consent to any peaceable expedient for the same purpose; as to a refe
d'ence, in which the arbitrators can do, what the law Cannot, livide the damage, when the fault is mu. tual; or to a compounding of the dispute, by accepting a compensation in the gross, without entering into articles and items, which it is often very difficult to adjust separately.
As to the rest, the duty of the contending parties may be expressed in the following directions :
Not by appeals to prolong a suit against your own conviction.
Not to undertake or defend a suit against a poor adversary, or render it more dilatory or expensive than necessary, with the hope of intimidating or wearying him out by the expense.
Not to influence evidence by authority or expectation:
Nor to stifle any in your possession, although it make against you.
Hitherto we have treated of civil actions. In cri. minal prosecutions, the private injury should be forgotten, and the prosecutor proceed with the same temper, and upon the same motives, as the magistrate; the one being a necessary minister of justice as well as the other, and both bound to direct their conduct by a dispassionate care of the public welfare.
In whatever degree the punishment of an offender is conducive, or his escape dangerous, to the interest of the community, in the same degree is the party against whom the crime was committed bound to prosecute, because such prosecutions must in their nature originate from the sufferer,
Therefore great public crimes, as robberies, forgeries, and the like, ought not to be spared, from an apprehension of trouble or expense in carrying on the prosecution, from false shame, or misplaced compassion.
There are many offences, such as nuisances, neglect of public roads, forestalling, engrossing, smuggling, sabbath-breaking, profaneress, drunk
enness, prostitution, the keeping of lewd or disoris. derly houses, the writing, publishing, or exposing
to sale, lascivious books or pictures, with some of others, the prosecution of which, being vi equat
concern to the whole neighbourhood, cannot be charged as a peculiar obligation upon any.
Nevertheless, there is great merit in the person who undertakes such prosecutions upon proper motives ; which amounts to the same thing.
The character of an informer is in this country undeservedly odious. But where any public advantage is likely to be attained by information, or other activity in promoting the execution of the laws, a good man will despise a prejudice founded in no just reason, or will acquit himself of the imputation of interested designs by giving away his share of the penalty:
On the other hand, prosecutions for the sake of the reward or for the gratification of private enmity, where the offence produces no public mischief, or where it arises from ignorance or inadvertency, are prohibited under the general description of applying a rule of law to a purpose for which it was not intended. Under which description may be ranked an officious revival of the laws against Popish priests, and dissenting teachers.
GRATITUDE. EXAMPLES of ingratitude check and discourage voluntary beneficence : and in this the mischief of ingratitude consists. Nor is the mischief small; for after all is done that can be done, towards providing for the public happiness, by prescribing. rules of justice, and enforcing the observation of them by penalties or compulsion, much must be left to those offices of kindness, which men remain at liberty to exert or withhold. Now not only the choice of the objects, but the quantity and even the existence of this sort of kindness in the world de. pends, in a great measure, upon the return which it receives; and this is a consideration of general importance.
A second reason for cultivating a grateful tem per in ourselves, is the following: The same prin ciple, which is toached with the kindness of a hu