THE CLASSICS "ESCAPE"

It is well that the citizen should be acquainted with the laws of his

country. In earlier times the laws of a nation were graven upon tablets

and set up in the market place. I myself have seen a sign: "Bohemians

are not permitted within the precincts of this commune"; but the laws of

a great republic are too complex and arcane to permit of this simple

treatment. I confess to having been a bad citizen, to just the extent of

having been ignorant that at any moment my works might be classed in

law's eye with the inventions of the late Dr. Condom.

It is possible that others with only a mild interest in literature may

be equally ignorant; I quote therefore the law:

Section 211 of the United States Criminal Code provides:

"Every obscene, lewd, or lascivious, and every filthy book, pamphlet,

picture, paper, letter, writing, print, or other publication of an

indecent character and every article or thing designed, adapted, or

intended for preventing conception or producing abortion, or for any

indecent or immoral use; and every article, instrument, substance, drug,

medicine, or thing which is advertised or described in a manner

calculated to lead another to use or apply it for preventing conception

or producing abortion, or for any indecent or immoral purpose; and every

written or printed card, letter, circular, book, pamphlet,

advertisement, or notice of any kind giving information directly or

indirectly, where, or how, or from whom, or by what means any of the

hereinbeforementioned matters, articles, or things may be obtained or

made, or where or by whom any act or operation of any kind for the

procuring or producing of abortion will be done or performed, or how or

by what means conception may be prevented or abortion produced, whether

sealed or unsealed; and every letter, packet, or package, or other mail

matter containing any filthy, vile or indecent thing, device, or

substance; any and every paper, writing, advertisement, or

representation that any article, instrument, substance, drug, medicine,

or thing may, or can, be used or applied for preventing conception or

producing abortion or for any indecent or immoral purpose; and every

description calculated to induce or incite a person to so use or apply

any such article, instrument, substance, drug, medicine, or thing, is

hereby declared to be non-mailable matter and shall not be conveyed in

the mails or delivered from any post-office or by any letter carrier.

Whoever shall knowingly deposit, or cause to be deposited for mailing or

delivery, anything declared by this section to be non-mailable, or shall

knowingly take, or cause the same to be taken, from the mails for the

purpose of circulating or disposing thereof, or of aiding in the

circulation or disposition thereof, shall be fined not more than five

thousand dollars, or imprisoned not more than five years, or both."

It is well that the citizens of a country should be aware of its laws.

It is not for me to promulgate obiter dicta; to say that whatever the

cloudiness of its phrasing, this law was obviously designed to prevent

the circulation of immoral advertisements, propaganda for secret cures,

and slips of paper that are part of the bawdy house business; that it

was not designed to prevent the mailing of Dante, Villon, and Catullus.

Whatever the subjective attitude of the framers of this legislation, we

have fortunately a decision from a learned judge to guide us in its

working.

"I have little doubt that numerous really great writings would come

under the ban if tests that are frequently current were applied, and

these approved publications doubtless at times escape only because they

come within the term "classics," which means, for the purpose of the

application of the statute, that they are ordinarily immune from

interference, because they have the sanction of age and fame and USUALLY

APPEAL TO A COMPARATIVELY LIMITED NUMBER OF READERS."

The capitals are my own.

The gentle reader will picture to himself the state of America IF the

classics were widely read; IF these books which in the beginning lifted

mankind from savagery, and which from A.D. 1400 onward have gradually

redeemed us from the darkness of medievalism, should be read by the

millions who now consume Mr. Hearst and the _Ladies' Home Journal!!!!!!_

Also there are to be no additions. No living man is to contribute or to

attempt to contribute to the classics. Obviously even though he acquire

fame before publishing, he can not have the sanction of "age."

Our literature does not fall under an inquisition; it does not bow to an

index arranged by a council. It is subject to the taste of one

individual.

Our hundred and twenty millions of inhabitants desire their literature

sifted for them by one individual selected without any examination of

his literary qualificatons.

Instigations Together with An Essay on the Chinese Written Character · 第 135 / 178 题