Free inquiry

“ I call upon those, therefore, who profess themselves advocates of free inquiry,—who disdain to be carried along with the stream of popular opinion, and who will listen to no testimony that runs counter to experience,—to follow up their own principles fairly and consistently. ”

“ The importance of free inquiry extends to our whole manner of thinking, and even acting. He who is accustomed to judge of truth and error without regard to external relations, either as affecting himself or others, and to hear them so discussed, is able to realize principles of action more calmly and consistently, and with more exclusive reference to loftier points of view, than one whose reflections are constantly influenced by a variety of circumstances not essential to the subject under investigation. ”

“ How, then, can the truth, upon the various subjects interesting to human beings, be elicited? Not by letting interested men think for us, but by judging for ourselves--by collecting and examining facts and arguments, and communicating to society the impressions they respectively make upon our minds. There is no effectual mode of arriving at truth, but by the exercise of the right of free inquiry, and the unrestricted publication of the result of such inquiry. ”

“ By punishing honest doubt as a crime and inculcating the merit of blind submission to the authority of reason-insulting doctrines, the defenders of those doctrines struck a deadly blow at the instinct of free inquiry, and for a series of generations actually succeeded in eradicating that instinct from the mental constitution of their victims. ”

“ Reason and free inquiry are the only effectual agents against error. ”

“ The want to inquire, to ascertain what is truth, what and wherefore we believe, is becoming more and more urgent; we may disown, unchurch, anathematise it, but suppress it we cannot. It is too late to stay the progress of free inquiry. ”

“ Eppes.—If, in adopting the resolution before us, we were to attach odium to the characters in question, I should feel no surprise at the course pursued by the gentlemen who oppose this inquiry. In this country the official conduct of every man is, and ought to be, subject to examination. It is not the examination, but the result of that examination, which attaches merit or demerit to a public character. In a Government like ours no principle ought to be cherished with greater care than a free inquiry into the conduct of public officers. ”

“ I say, then, that it is a matter of primary importance in the cultivation of those sciences, in which truth is discoverable by the human intellect, that the investigator should be free, independent, unshackled in his movements; that he should be allowed and enabled, without impediment, to fix his mind intently, nay, exclusively, on his special object, without the risk of being distracted every other minute in the process and progress of his inquiry, by charges of temerariousness, or by warnings against extravagance or scandal. ”

“ Rumely, 345 U.S. 41, 57-58, 73 S.Ct. 543, 551, 97 L.Ed. 770 (concurring opinion) , where several problems were posed. Can the Government damand of a publisher the names of the purchasers of his publications? Would not the spectre of a government agent then look over the shoulder of everyone who reads? Might not the purchase of a book or pamphlet today result in a subpoena tomorrow? Would not the fear of criticism go with every person into the bookstall? If the light of publicity may reach any student, any teacher, would not free inquiry be discouraged? ”

“ The inquiry is, shall a main question ever be taken in this deliberative body, until every member, who has not already spoken, shall have had an opportunity, if he wishes to avail himself of it, to speak at least once upon the question? The ground taken by those who oppose the proposition, is that of necessity and convenience. These are the very points, which, in a free country, ought most vigilantly to be guarded. ”

“ Being happily free from all real, or imaginary, personal interest in the results of the inquiry thus set afoot, we should proceed to weigh the arguments on one side and on the other, with as much judicial calmness as if the question related to a new Opossum. ”

“ You have the same right to think, and judge, and decide for yourselves, as I have; and I feel too much affection for you to throw on the path of your inquiry the slightest shadow of opposition. I know you are virtuous; and if I see you happy, I shall be satisfied. You will proceed in your inquiries after truth with caution—weigh with the greatest nicety the evidence which may be submitted to you; as many opinions, when they first strike our attention, appear very specious and plausible, which will not endure the ordeal of a critical investigation. ”

“ The more I perceive a disposition to check the freedom of inquiry by extravagant and unconstitutional pretences, the firmer shall be the tone in which I shall assert, and the freer the manner in which I shall exercise it. ”

“ An inquiry is wished, as the most effectual way of putting an end to the clamors and libels which are the disorder and disgrace of the times. For people remain quiet, they sleep secure, when they imagine that the vigilant eye of a censorial magistrate watches over all the proceedings of judicature, and that the sacred fire of an eternal constitutional jealousy, which, is the guardian of liberty, law, and justice, is alive night and day, and burning in this House. ”

“ And though this is the case, still as some things can be laid down in a general way respecting everything, there are also other rules and different methods separately laid down for each particular kind of discussion. For praise, or blame, or the statement of an opinion, or accusation, or denial, ought all to effect different ends. In judicial investigations the object of inquiry is, what is just, in demonstrative discussion the question is what is honourable, in deliberations, in our opinion, what we inquire is, what is honourable and at the same time expedient. ”

“ While they cannot act in any case upon particular facts material to its disposition resting in their private knowledge, but should be governed by the evidence adduced, they may-and, to act intelligently, they must-judge of the weight of the force of that evidence by their own general knowledge of the subject of inquiry. ”

“ Let us therefore make an humble attempt, with all due candor and discretion, to enter upon the inquiry before us with an unflinching determination to push our investigations beyond all reasonable doubt, and never rest satisfied till we have conquered all conquerable obstacles, and come into the possession of the light and liberty of truth. ”

“ Any attempt to suppress, or even to check, the spirit of inquiry, which is abroad in the world, would not only be a vain and fruitless attempt, but a violation of the indefeasible liberty of the human mind, and an interference with its natural constitution. ”

“ When the means of conducting the human understanding to its highest perfection shall have become generally understood, this freedom of inquiry will not only be universally allowed, but early and anxiously inculcated, as a duty of primary and essential obligation. ”

“ That tremendous tribunal which we call public opinion can be exercised only by an enlightened and judicious people. It requires a free and rapid circulation of thoughts and opinions, a high degree not only of political information, but of political discernment and skill. ”

“ But all human establishments, as such, obstruct freedom of inquiry in matters of religion, by laying an undue bias upon the mind, if they be not such, as by their express constitutions prevent all inquiry, and preclude every possible effect of it. ”

“ What judge of any court, what lawyer who wished to ascertain the true doctrine of a case, would search for the private opinions of the judge when the reports bristled with adjudicated cases from which he could learn the true doctrine which he had expressed under oath and in the discharge of his duties? When you search for the opinions of our ancestors to guide us as legislators, look at their conduct as legislators, and not their private opinions. Every lawyer, every sensible man, every rational man, knows that that is the true test of the opinions of our ancestors upon a given subject. ”

“ Of course, it is of all things the most requisite that one should start on this inquiry in a spirit of perfect impartiality. Yet no one can pursue it far without yielding much or little to a bias that has prejudiced the inquiry for most who have engaged in it, and will be sure to present itself to all. ”

“ Even where deliberate measures are taken to obtain valid evidence on any political or social question raised, by summoning witnesses of all classes and interests, there is difficulty in getting at the truth; because the circumstances of the inquiry tend of themselves to bring into sight some kinds of evidence, and to keep out of sight other kinds. ”

“ If the evidence in the aggregate shows the being of a moral Governor of the world, with the same force as would suffice to establish an obligation to act in a matter of common conduct, we are bound in duty to accept it, and have no right to demand as a condition previous that all occasions of doubt or question be removed out of the way. Our demands for evidence must be limited by the general reason of the case. ”

“ For they seem to have followed only probable reasoning, and are hurried in a continued whirl of arguments, till, by an indiscriminate license of inquiry, they have enervated the strictness of investigation. But not one has there been found of a disposition to dwell sufficiently on things themselves and experience. ”

“ They say, 'We are entitled to submit to the consideration of the thinking portion of mankind the remedies which we propose for these evils. We have come forward to challenge the inquiry whether this is a book which we are entitled to publish.' They do it fairly, I must say, and in a very straightforward manner they come to demand the judgment of the proper tribunal. You must decide that with a due regard and reference to the law, and with an honest and determined desire to maintain the morals of mankind. ”

“ It has dissolved the war of sects, of which persecution was characteristic, into a contest of abstract opinions, which creates convictions without oppressing men. By recognizing perfect freedom of inquiry, it will engender among men of different belief that mutual respect of true convictions which makes inquiry earnest and discussion fair. ”

“ Who would not be pleaded against? for every one exalts his own merits, every one magnifies even the smallest matters which he has bestowed upon another. Besides this, those things which form the subject of a judicial inquiry can be distinctly defined, and cannot afford unlimited licence to the judge ”

“ Enquiries that were to be regulated, not by a spirit of justice but by the disputatious temper of men whose trade it was to deceive, and by statutes and precedents which they might or might not remember, and which, though they might equivocally and partially apply in some points, in others had no resemblance, such enquiries ought not lightly to be instituted. Neither ought the habitual vices which they engender, both in lawyer and client, nor the miseries they inflict, upon the latter in particular, and by their consequences upon all society, to be promoted. ”

“ Cross-examination is the right of the party against whom the witness is called, and the right is a valuable one as a means of separating hearsay from knowledge, error from truth, opinion from fact, and inference from recollection, and as a means of ascertaining the order of the events as narrated by the witness in his examination in chief, and the time and place when and where they occurred, and the attending circumstances, and of testing the intelligence, memory, impartiality, truthfulness, and integrity of the witness ”

“ In the second place, we are all equally desirous—whatever difference of opinion may otherwise exist—to make this informal inquiry a means, if possible, of avoiding the painful publicity which would result from an appeal to a Court of Law. ”

“ The strict rules of evidence need not be observed in the inquiry, the magistrate being empowered to investigate and determine the matter by such means and in such manner as in equity and good conscience he thinks fit. ”

“ Let us first consider the nature of the tribunal.
The supreme constituted authority—not only of affairs in this life but in the ordering of all the future existences that man has conceived—is Public Opinion. Public opinion is the decree of human nature determined in impenetrable secrecy, enforced with ceremonious and bewildering circumlocution. It is thus double-natured. The organized public opinion that we see, hear, feel and obey is the costumed officialism of human nature, through ages of custom charged with enforcing upon individuals the demands of the many. ”

“ For this reason we criminalists assert much less than other investigators that we seek the truth; if we presume to such an assertion, we should not have the institutions of equity, revision, and, in criminal procedure, retrial. Our knowledge, when named modestly, is only the innermost conviction that some matter is so and so according to human capacity, and “such and such a condition of things.” ”

“ All agree, however, that the first inquiry must be restricted either to the general reputation of the witness for truth and veracity, or to his general character; and that it cannot be extended to particular facts or transactions, for the reason that, while every man is supposed to be fully prepared to meet those general inquiries, it is not likely he would be equally so without notice to answer as to particular acts. ”

“ By investigation, experiment and reason.
Every human being should be allowed to investigate to the extent of his desire—his ability. The literature of the world should be open to him—nothing prohibited, sealed or hidden. No subject can be too sacred to be understood. Each person should be allowed to reach his own conclusions and to speak his honest thought.
He who threatens the investigator with punishment here, or hereafter, is an enemy of the human race. ”