Page:Instead of a Book, Tucker.djvu/112

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INSTEAD OF A BOOK.

have never heard the case for moral liberty better stated and more courageously advocated than on this occasion. I was anxious to hear what the censor party might have to say. I half-expected to see some weary ascetic—perhaps an austere cardinal—rise in his place and wade through some solemn passages from the sententious Hooker. I was agreeably disappointed when a chirpy little Scotchman with an amusing brogue and a moth-eaten appearance started off with prattle of this kind; "Gentlemen, there's no one loves liberty more than me. But we've got to draw a line at decency, you see. I've been elected to sit on the Council and to see that that line is drawn at the right place. That is my duty, and my duty I mean to do. Everything which is calculated to bring a blush to the cheek of a pure maiden must be put down. And there's another thing; I say that music-halls where intoxicating liquors is sold must be put down. We are not going to tolerate places what in- cites to fornication and drunkenness. But at the same time we are no foes to liberty,—that is, liberty to do right, and that's the only liberty worth fighting for, depend upon it." Mr. McDoodle slapped his knee with emphatic violence and sat down. "I should like to ask the last speaker," said a thin gentleman in a back row, "whether it is altogether consistent for a State which has repealed every statute penalizing fornication itself to keep up a lot of little worrying measures for the purpose of penalizing conduct which may possibly lead to fornication. In other words, fornication is perfectly legal, but a song likely to lead to fornication is illegal. Is this consistent?" "Allow me," shouted a stout man with a loud voice; "perhaps, being a lawyer, I know more about these matters than Mr. McDoodle possibly can. The gentleman who asks the question is in error. His major premise is false. Fornication in this country is a misdemeanor, by 23 and 24 Vict. c. 32." "Pardon me," replied the voice in the back row, "I also am a lawyer, and I say that the Act you refer to does not make fornication a misdemeanor; it refers only to conspiracy to induce a woman to commit the sin; that is a very different matter." "I don't see that it is," replied the stout man, "for what is a conspiracy but an agreement to do wrong? Very well, then, an agreement between a man and a woman to do wrong is itself a conspiracy. And since they cannot commit this sin without agreement (if they do, of course it comes under another head), it follows that I am right." "Not at all," rejoined the lawyer at the back, "not at all; I fear your ideas of conspiracy are a little mixed. If you will consult Stephen's Digest of the Criminal Law, which I hold in my hand, you will find these words: 'provided that an agreement between a man and a woman to commit fornication is not a conspiracy.' I suppose Mr. Justice Stephen may be taken to know something about the law." Chairman (coming to the rescue)—"I think, gentlemen, we are getting off the lines. Perhaps Mr. Gattie will favor us with a few words ?" "I confess, sir," responded that gentleman, "I confess I am in a difficulty. Are we discussing whether indecency is wrong or not? Or is the question before the meeting whether Mr. McDoodle and his coadjutors are the proper persons to act as censores morum? My own views on these three points are these: that indecency, when properly defined, is wrong; that Mr. McDoodle and his friends are not competent to define it, nor to suggest means for suppressing it; and, finally, that the State had much better leave the settlement of the question to public opinion and the common sense and common taste of the people." A whirl of arguments, relevant and irrelevant, followed his speech, which contained references to a pretty wide field of State-interferences, showing their invariable and