No. V.

Fragments selected from a Pamphlet by M. Guizot, entitled 'Thoughts upon the Liberty of the Press,' 1814.

Many of the calamities of France, calamities which might be indefinitely prolonged if they were not attacked at their source, arise, as I have just said, from the ignorance to which the French people have been condemned as to the affairs and position of the State, to the system of falsehood adopted by a Government which required everything to be concealed, and to the indifference and suspicion with which this habitual deceit and falsehood had inspired the citizens. It is truth, therefore, which ought to appear in broad daylight; it is obscurity which ought to be dissipated, if we wish to re-establish confidence and revive zeal. It will not suffice that the intentions of Government should be good, or its words sincere; it is requisite that the people should be convinced of this, and should be supplied with the means of satisfying themselves. When we have been for a long time tricked by an impostor, we become doubtful even of an honest man; and all our proverbs on the melancholy suspicion of old age are founded on this truth ...

The nation, so long deceived, expects the truth from every quarter; at present, it has a hope of accomplishing this object. It demands it with anxiety from its representatives, its administrators, and from all who are believed capable of imparting it. The more it has been withheld up to this period, the more precious it will be considered. There will be this advantage, that it will be hailed with transport by the people as soon as they satisfy themselves that it may be trusted; and there will be a corresponding evil,—they will listen to it without fear, when they discover that they are left in freedom to deliver their opinions, and to labour openly in its support. No one questions the embarrassments which truth will dissipate, or the references it will supply. A nation from whom it has been sedulously withheld, soon believes that something hostile is in agitation, and recoils back into mistrust. But when the truth is openly manifested, when a Government displays a noble confidence in its own sentiments and in the good feeling of its subjects, this confidence excites theirs in return, and calls up all their zeal.... The French, certain to understand, and quick to utter truth, will soon abandon that injurious tendency to suspicion which leads them from all esteem for their head, and all devotion to the State. The most indifferent spirits will resume an interest in public affairs, when they discover that they can take a part in them; the most apprehensive will cease their fears when they cease to live in clouds; they will no longer be continually occupied in calculating how much they should reject out of the speeches that are addressed to them, the recitals delivered and the portions presented for investigation; or how much artifice, dangerous intention, or afterthought remains hidden in all that proceeds from the throne.... An extended liberty of the press can alone, while restoring confidence, give back that energy to the King and the people which neither can dispense with: it is the life of the soul that requires to be revived in the nation in which it has been extinguished by despotism; that life lies in the free action of the press, and thought can only expand and develope itself in full publicity. No one in France can longer dread the oppression under which we have lived for ten years; but if the want of action which weakness engenders were to succeed that which tyranny imposes;—if the weight of a terrible and mute agitation should be replaced only by the languor of repose, we should never witness a renewal in France of that national activity, that brave and generous disposition which makes many sacrifices to duty;—finally, of that confidence in the sovereign, the necessity of which will be more acknowledged every day. We should merely obtain from the nation a barren tranquillity, the insufficiency of which would compel recourse to measures evil in themselves, and very far removed from the paternal intentions of the King.

Let us, on the contrary, adopt a system of liberty and frankness; let truth circulate freely from the throne to the people, and from the people to the throne; let the paths be opened to those who ought to speak freely, and to others who desire to learn; we shall then see apathy dissipate, suspicion vanish, and loyalty become general and spontaneous, from the certainty of its necessity and usefulness.

Unfortunately, during the twenty-five years which have recently elapsed, we have so deplorably abused many advantages, that, at present, to name them suffices to excite the most deplorable apprehensions. We are not inclined to take into consideration the difference of the times, of situation, of the march of opinion, or of the temperament of men's minds: we look upon as always dangerous what has once proved fatal; we think and act as mothers might do, who, because they saw the infant fall, would prevent the youth from walking.... This inclination is general; we retrace it under every form; and those who have closely observed it will have little trouble in satisfying themselves that perfect liberty of the press, at least with regard to political questions, would, in the present day, be almost without danger. Those who fear it fancy themselves still at the beginning of the Revolution—at that epoch when all passions sought only to display themselves, when violence was the popular characteristic, and reason obtained only a contemptuous smile. Nothing can be more dissimilar than that time and the present; and, from the very cause that unlicensed freedom then gave rise to the most disastrous evils, we may infer, unless I deceive myself, that very few would now spring from the same source.

Nevertheless, as many people appear to dread such a result; as I am unwilling to affirm that the experiment might not be followed by certain inconveniences, more mischievous from the fear they would inspire than from the actual consequences they might introduce;—as in the state in which we find ourselves, without a guide in the experience of the past, or certain data for the future, it is natural that we should advance cautiously; and as the spirit of the nation seems to indicate that in every respect circumspection is necessary, the opinions of those who think that some restrictions should be imposed, ought, perhaps, to prevail. For twenty-five years the nation has been so utterly a stranger to habits of true liberty, it has passed through so many different forms of despotism, and the last was felt to be so oppressive, that, in restoring freedom, we may dread inexperience more than impetuosity; it would not dream of attack, but it might prove unequal to defence; in the midst of the necessity for order and peace which is universally felt, in the midst of a collision of opposing interests which must be carefully dealt with, Government may wish, and with reason, to avoid the appearance of clashing and disturbance, which might probably be without importance, but the danger of which would be exaggerated by imagination.

The question then reduces itself to this:—What are, under existing circumstances, the causes which call for a certain restraint in the liberty of the press? and by what restrictions, conformable to the nature of these causes, can we modify without destroying its freedom? and how shall we gradually remove these qualifications, for the present considered necessary?

All liberty is placed between oppression and license: the liberty of man in the social state is necessarily restrained by certain laws, the abuse or oblivion of which are equally dangerous; but the circumstances which expose society to either of these perils are different. In a well-established government, solidly constituted, the danger against which the friends of liberty have to contend is oppression: all is there combined for the maintenance of law; all tends to support vigorous discipline, against which every individual labours to retain the share of freedom which is his due; the function of government is to support order; that of the governed to watch over liberty.

The state of things is entirely different in a government only commencing. If it follows a period of misfortune and disturbance, during which morality and reason have been equally perverted,—when passions have been indulged without curb, when private interests have been paraded without shame,—then oppression falls within the number of dangers which are only to be anticipated, while license is that which must be directly opposed. Our Government has not yet attained its full strength; it is not yet possessed of all the means which are to be placed at its disposal to maintain order and rule: before acquiring all, it will be careful not to abuse any; and the governed, who are still without some of the advantages of order, wish to possess all those of confusion. They are not yet sufficiently sure of their own tranquillity, to abstain from attacking that of others. Every one is ready to inflict the blow he is exposed to receive; we offend with impunity the laws which have not yet foreseen all the methods that may be adopted to elude them; we brave without danger the authorities which cannot yet appeal, in their own support, to the experience of the happiness enjoyed under their auspices. It is, then, against particular attempts that constant watch should be kept; thus it becomes necessary to protect liberty from the outrages of license, and sometimes to prevent a strong government from being reduced to defence when uncertain of commanding obedience.

Thus, unrestricted liberty of the press, without detrimental consequences in a state of government free, happy, and strongly constituted, might prove injurious under a system only commencing, and in which the citizens have still to acquire liberty and prosperity. In the first case there is no danger in allowing freedom of thought and utterance to all, because, if the order of things is good, the great majority of the members of society will be disposed to support it, and also because the nation, enlightened by its actual happiness, will not be easily drawn to the pursuit of something always represented as better, but ever uncertain of acquirement. In the second case, on the contrary, the passions and interests of many individuals, differing in themselves, and all, more or less, abstracted from any feeling for the public good, are neither instructed by prosperity nor enlightened by experience; there exist therefore in the nation very few barriers against the plotters of evil, while in the government there are many gaps through which disorder may introduce itself: every species of ambition revives, and none can tell on what point to settle; all seek their place, without being sure of finding it; common sense, which invents nothing, but knows how to select, has no fixed rule upon which to act; the bewildered multitude, who are directed by nothing and have not yet learned to direct themselves, know not what guide to follow; and in the midst of so many contradictory ideas, and incapable of separating truth from falsehood, the least evil that can happen is, that they may determine to remain in their ignorance and stupidity. While information is still so sparingly disseminated, the license of the press becomes an important obstacle to its progress; men, little accustomed to reason upon certain matters, and poor in positive knowledge, adopt too readily the errors which are propagated from every quarter, and find it difficult to distinguish readily the truth when presented to them; thence originate a host of false and crude notions, a multiplicity of judgments adopted without examination, and a pretended acquirement, the more mischievous as, occupying the place which reason alone should hold, it for a long time interdicts her approach.

The Revolution has proved to us the danger arising from knowledge so erroneously obtained. From this danger we are now called on to protect ourselves. It is better to confess the fact: we have learned wisdom from misfortune; but the despotism of the last ten years has extinguished, for the greater part of the French people, the light we might thence have derived. Some individuals, undoubtedly, have continued to reflect, to observe, and to study—they have been instructed by the very despotism which oppressed them; but the nation in general, crushed and unfortunate, has found itself arrested in the development of its intellectual faculties. When we look closely into the fact, we feel surprised and almost ashamed of our national thoughtlessness and ignorance; we feel the necessity of emerging from it. The most oppressive yoke alone was able to reduce, and could again reduce it for a certain time to silence and inaction; but it requires to be propped and guided, and, after so much experimental imprudence, for the interest even of reason and knowledge, the liberty of the press, which we have never yet enjoyed, ought to be attempted with caution.

Regarded in this point of view, the restrictions which may be applied will less startle the friends of truth and justice; they will see in them nothing more than a concession to existing circumstances, dictated solely by the interest of the nation; and if care is taken to limit this concession so that it may never become dangerous; if, in establishing a barrier against license, a door is always left open for liberty; if the object of these restrictions is evidently to prepare the French people to dispense with them, and to arrive hereafter at perfect freedom; if they are so combined and modified that the liberty may go on increasing until the nation becomes more capable of enjoying it profitably;—finally, if, instead of impeding the progress of the human mind, they are only calculated to assure it, and to direct the course of the most enlightened spirits;—so far from considering them as an attack upon the principles of justice, we shall see in them a measure of prudence, a guarantee for public order, and a new motive for hoping that the overthrow of that order will never again occur to disturb or retard the French nation in the career of truth and reason.