relations, except where there are just grounds for apprehending some violation of its own rights, or those of its citizens. And as to the rights of the State, it should here be borne in mind that such rights are granted only for the sake of protecting security. Tin no case, then, should prohibitive laws be enacted, when the advantage or disadvantage refers solely to the proprietor. Again, it is not enough to justify such restrictions, that an action should imply damage to another person ; it must, at the same time, encroach upon his rights. But this second position requires explanation. Eight, then, is never infringed on but when some one is deprived of a portion of what properly belongs to him, or of his personal freedom, without, or against, his will. But when, on the contrary, there occurs no such deprivation,—when one individual does not overstep the boundary of another's right, then, whatever disad- vantage may accrue to the latter, there is no diminution of privilege. Neither is there any such diminution when the injury itself does not follow until he who sustains it also becomes active on his side, and, as it were, takes up the action, or, at least, does not oppose it as far as he can.
The application of these definitions is sufficiently evident, and I will only pause to mention one or two remarkable examples. According to these principles then it will be seen, that we cannot conceive the injustice of any actions which only create offence, and especially as regards religion and morals. He who utters or performs anything calculated to wound the conscience and moral sense of others, may indeed act immorally; but, so long as he is not chargeable with obtrusiveness in these respects, he violates no right. The others are free to cut off all intercourse with such a person, and, should circumstances render this impossible, they must submit to the unavoidable inconvenience of associating with men of uncongenial character; not forget-
