only succeed in taking all the stupid
jurymen and leaving all the thoughtful ones. Provided that the opinion
formed is really of this airy and abstract kind, provided that it has no
suggestion of settled motive or prejudice, we might well regard it not
merely as a promise of capacity, but literally as a promise of justice.
The man who took the trouble to deduce from the police reports would
probably be the man who would take the trouble to deduce further and
different things from the evidence. The man who had the sense to form an
opinion would be the man who would have the sense to alter it.
It is worth while to dwell for a moment on this minor aspect of the
matter because the error about impartiality and justice is by no means
confined to a criminal question. In much more serious matters it is
assumed that the agnostic is impartial; whereas the agnostic is merely
ignorant. The logical outcome of the fastidiousness about the Thaw
jurors would be that the case ought to be tried by Esquimaux, or
Hottentots, or savages from the Cannibal Islands--by some class of
people who could have no conceivable interest in the parties, and
moreover, no conceivable interest in the case. The pure and starry
perfection of impartiality would be reached by people who not only had
no opinion before they had heard the case, but who also had no opinion
after they had heard it. In the same way, there is in modern discussions
of religion and philosophy an absurd assumption that a man is in some
way just and well-poised because he has come to no conclusion; and that
a man is in some way knocked off the list of fair judges because he has
come to a conclusion. It is assumed that the sceptic has no bias;
whereas he has a very obvious bias in favour of scepticism. I remember
once arguing with an honest young atheist, who was very much shocked at
my disputing some of the assumptions which were absolute sanctities to
him (such as the quite unproved proposition of the independence of
matter and the quite improbable proposition of its power to originate
mind), and he at length fell back upon this question, which he delivered
with an honourable heat of defiance and indignation: "Well, can you tell
me any man of intellect, great in science or philosophy, who accepted
the miraculous?" I said, "With pleasure. Descartes, Dr. Johnson, Newton,
Faraday, Newman, Gladstone, Pasteur, Browning, Brunetiere--as many more
as you please." To which that quite admirable a
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