"And so, finally, after this somewhat detailed study of Dr.

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PROFESSOR ROYCE'S LIBEL.

* * * * *

A

PUBLIC APPEAL FOR REDRESS

TO THE

CORPORATION AND OVERSEERS

OF

HARVARD UNIVERSITY.

BY

FRANCIS ELLINGWOOD ABBOT, PH.D.

CAMBRIDGE, MASS.

* * * * *

BOSTON, MASS.

GEO. H. ELLIS, 141 FRANKLIN STREET, 1891.

PUBLIC APPEAL.

TO THE PRESIDENT AND FELLOWS AND BOARD OF OVERSEERS OF HARVARD

UNIVERSITY:

_Gentlemen_,--Believing it to be a necessary part of good citizenship

to defend one's reputation against unjustifiable attacks, and

believing you to have been unwarrantably, but not remotely, implicated

in an unjustifiable attack upon my own reputation by Assistant

Professor Josiah Royce, since his attack is made publicly, explicitly,

and emphatically on the authority of his "professional" position as

one of your agents and appointees, I respectfully apply to you for

redress of the wrong, leaving it wholly to your own wisdom and sense

of justice to decide what form such redress should take. If Dr. Royce

had not, by clear and undeniable implication, appealed to your high

sanction to sustain him in his attack,--if he had not undeniably

sought to create a widespread but false public impression that, in

making this attack, he spoke, and had a right to speak, with all the

prestige and authority of Harvard University itself,--I should not

have deemed it either necessary or becoming to appeal to you in

self-defence, or, indeed, to take any public notice whatever of an

attack otherwise unworthy of it. But under the circumstances I am

confident that you will at once recognize the inevitableness and

unquestionable propriety of my appeal from the employee to the

employer, from the agent to the principal; and it would be

disrespectful to you to doubt for a moment that, disapproving of an

attack made impliedly and yet unwarrantably in your name, you will

express your disapprobation in some just and appropriate manner. My

action in thus laying the matter publicly before you can inflict no

possible injury upon our honored and revered Alma Mater: injury to

her is not even conceivable, except on the wildly improbable

supposition of your being indifferent to a scandalous abuse of his

position by one of your assistant professors, who, with no imaginable

motive other than mere professional jealousy or rivalry of authorship,

has gone to the unheard-of length of "professionally warning the

public" against a peaceable and inoffensive private scholar, whose

published arguments he has twice tried, but twice signally failed, to

meet in an intellectual way. If the public at large should have reason

to believe that conduct so scandalous as this in a Harvard professor

will not be condemned by you, as incompatible with the dignity and the

decencies of his office and with the rights of private citizens in

general, Harvard University would indeed suffer, and ought to suffer;

but it is wholly within your power to prevent the growth of so

injurious a belief. I beg leave, therefore, to submit to you the

following statement, and to solicit for it the patient and impartial

consideration which the gravity of the case requires.

I.

The first number of a new quarterly periodical, the "International

Journal of Ethics," published at Philadelphia in October, 1890,

contained an ostensible review by Dr. Royce of my last book, "The Way

out of Agnosticism." I advisedly use the word "ostensible," because

the main purport and intention of the article were not at all to

criticise a philosophy, but to sully the reputation of the

philosopher, deprive him of public confidence, ridicule and

misrepresent his labors, hold him up by name to public obloquy and

contempt, destroy or lessen the circulation of his books, and, in

general, to blacken and break down his literary reputation by any and

every means, even to the extent of aspersing his personal reputation,

although there had never been the slightest personal collision. Its

bitter and invidious spirit was not in the least disguised by a few

exaggerated compliments adroitly inserted here and there: these

merely furnish the foil needed to give greater potency and efficiency

to the personal insinuations, and, like Mark Antony's compliments to

Caesar's assassins, subserved quite too many politic purposes to be

accepted as sincere. Only a native of Boeotia could be imposed upon by

them, when the actual character of the book in question was carefully

misrepresented, and when the self-evident trend, tenor, and aim of the

ostensible review were to excite public prejudice against the author

on grounds wholly irrespective of the truth or untruth of his

expressed opinions.

Of course, the very largest liberty must be and should be conceded to

legitimate criticism. From this, as is well known, I never shrank in

the least; on the contrary, I court it, and desire nothing better for

my books, provided only that the criticism be pertinent, intelligent,

and fair. But misrepresentation for the purpose of detraction is not

criticism at all; and (notwithstanding numerous quotations perverted

by unfair and misleading glosses, including two misquotations quite

too useful to be accidental) this ostensible review is, from beginning

to end, nothing but misrepresentation for the purpose of detraction.

Passing over numerous minor instances, permit me to invite your

attention to three gross instances of such misrepresentation.

II.

The book under review had taken the utmost pains (pages 16-39,

especially page 39) to distinguish "realism" from "idealism," and to

argue for the former in opposition to the latter, on the ground of the

absolute incompatibility of the latter with the scientific method of

investigation. It had taken the utmost pains to make the contrast

broad and deep, and to point out its far-reaching consequences by

explicitly opposing (1) scientific realism to philosophical idealism

in general, and in particular (2) constructive realism to constructive

idealism, (3) critical realism to critical idealism, (4) ethical

realism to ethical idealism, and (5) religious realism to religious

idealism. Any fair or honorable critic would recognize this contrast

and opposition between realism and idealism as the very foundation of

the work he was criticising, and would at least state it candidly, as

the foundation of his own favorable or unfavorable comments. How did

Dr. Royce treat it? He not only absolutely ignored it, not only said

nothing whatever about it, but actually took pains to put the reader

on a false scent at the start, by assuring him (without the least

discussion of this all-important point) that my philosophical

conclusions are "essentially idealistic"!

So gross a misrepresentation as this might be charitably attributed to

critical incapacity of some sort, if it did not so very conveniently

pave the way for the second gross misrepresentation which was to

follow: namely, that the theory actually propounded in my book had

been, in fact, "_appropriated" and "borrowed" from an idealist_! The

immense utility of misrepresenting my system at the start as

"essentially idealistic" lay in the fact that, by adopting this

stratagem, Dr. Royce could escape altogether the formidable necessity

of _first arguing the main question of idealism versus realism_.

Secretly conscious of his own inability to handle that question, to

refute my "Soliloquy of the Self-Consistent Idealist," or to overthrow

my demonstration that consistent idealism leads logically to hopeless

absurdity at last, Dr. Royce found it infinitely easier to deceive his

uninformed readers by a bold assertion that I myself am an idealist at

bottom. This assertion, swallowed without suspicion of its absolute

untruth, would render it plausible and quite credible to assert, next,

that I had actually "appropriated" my philosophy from a greater

idealist than myself.

For the only substantial criticism of the book made by Dr. Royce is

that I "borrowed" my whole theory of universals from

Hegel--"unconsciously," he has the caution to say; but that

qualification does not in the least mitigate the mischievous intention

and effect of his accusation as a glaring falsification of fact and

artful misdescription of my work. It would be inopportune and

discourteous to weary you with philosophical discussions. I exposed

the amazing absurdity of Dr. Royce's accusation of plagiarism in the

reply to his article which, as appears below, Dr. Royce himself

anxiously suppressed, and which I should now submit to you, if he had

not at last taken fright and served upon me a legal protest against

its circulation. But, to any well-educated man, such an accusation as

this refutes itself. It would be just as reasonable, just as

plausible, to accuse Darwin of having borrowed his theory of natural

selection from Agassiz, or Daniel Webster of having borrowed his

theory of the inseparable Union from John C. Calhoun, or ex-President

Cleveland of having borrowed his message on tariff reform from the

Home Market Club, as to accuse me of having borrowed my theory of

universals from Hegel. Hegel's theory of universals is divided from

mine by the whole vast chasm between realism and idealism. The two

theories contradict each other absolutely, uncompromisingly,

irreconcilably: Hegel's is a theory of "absolute idealism" or "pure

thought" (_reines Denken_), that is, of _thought absolutely

independent of experience_, while mine is a theory of "scientific

realism," that is, of _thought absolutely dependent upon experience._

It is quite immaterial here which theory is the true one; the only

point involved at present is that the two theories flatly contradict

each other, and that it is self-evidently impossible that either

_could_ be "borrowed," consciously or unconsciously, from the other.

If Dr. Royce had ever done any hard thinking on the theory of

universals, or if he had the slightest comprehension of the problems

it involves, he would never have been so rash as to charge me with

"borrowing" my theory from Hegel, and thus to commit himself

irrevocably to a defence of the absurd; but eagerness to accuse

another has betrayed him into a position whence it is impossible for

him to escape with honor. Solely by misdescribing my philosophy as

"essentially idealistic" when it openly and constantly and

emphatically avows itself to be essentially realistic, could Dr. Royce

give the faintest color of plausibility to his monstrous and

supremely ridiculous accusation of plagiarism; solely by presuming

upon the public ignorance both of Hegel and of my own work could he

dare to publish such an accusation to the world. These gross

misrepresentations, however, he did not hesitate to make, since they

were necessary in order to pave the way to a third and still grosser

misrepresentation on which he apparently had set his heart: namely,

that, after borrowing the whole substance of my philosophy from Hegel,

I have been guilty of making "vast and extravagant pretensions" as to

my own "novelty," "originality," and "profundity," not only with

regard to my published books, but also with regard to my "still

unpublished system of philosophy." His words are these:--

"Of novelty, good or bad, the book contains, indeed, despite its vast

pretensions, hardly a sign."

"It is due also to the extravagant pretensions which he frequently

makes of late as to the originality and profundity of his still

unpublished system of philosophy, to give the reader some hint of what

so far appears to be the nature of our author's contributions to

philosophical reflection."

Precisely what have been these alleged "pretensions"? Dr. Royce cites

only three instances.

I. He first garbles a sentence in the prefatory Note to "The Way out

of Agnosticism," by quoting only one phrase from it. The sentence in

full is this: "By a wholly new line of reasoning, drawn exclusively

from those sources [science and philosophy], this book aims to show

that, in order to refute agnosticism and establish enlightened theism,

nothing is now necessary but to philosophize that very scientific

method which agnosticism barbarously misunderstands and misuses."

There is no "pretension" whatever in these words, except that the

general "line of reasoning" set forth in the book is, _as a whole_,

different from that of other books. If not, why publish it? Or,

without the same cause, why publish any book? I see no reason to

recall or to modify this perfectly true statement; Dr. Royce, at

least, has shown none. The "novelty" of the book lies in its very

attempt to evolve philosophy as a whole out of the scientific method

itself, as "observation, hypothesis, and experimental verification,"

by developing the theory of universals which is implicit in that

purely experiential method; and Dr. Royce does not even try to prove

that Hegel, or anybody else, has ever made just such an attempt as

that. Unless there can be shown somewhere a _parallel attempt_, the

statement is as undeniably true as it is certainly unpretentious.

II. Next, Dr. Royce extracts these sentences from the body of the book

(I supply in brackets words which he omitted): "The first great task

of philosophy is to lay deep and solid foundations for the expansion

[and ideal perfection] of human knowledge in a bold, new, and true

theory of universals. For so-called modern philosophy rests

complacently in a theory of universals which is thoroughly mediaeval or

antiquated." What personal pretension, even of the mildest sort, can

be conceived to lurk in these innocent words? I did not say that I

have succeeded in performing that "task"; I repeat now what I have

often said and what I meant then; namely, that modern science has

unawares performed it already, that I have faithfully tried to

formulate and further apply what science has done, and that I

respectfully submit the result (so far as already published), not to

such critics as Dr. Royce, but to able, learned, and magnanimous

students of philosophy everywhere.

III. Lastly, though employing quotation marks so as to evade a charge

of formal misquotation, he perverts and effectually misquotes a

sentence of the book in a way which makes it appear exactly what it is

not,--"pretentious." I had said at the end of my own book (page 75):

"_Its aim has been to show_ the way out of agnosticism into the

sunlight of the predestined philosophy of science." This expression is

perfectly in harmony with the prefatory Note, which says that "_this

book aims to show_ that, in order to refute agnosticism and establish

enlightened theism, nothing is now necessary but to philosophize that

very scientific method which agnosticism barbarously misunderstands

and misuses," and which immediately adds: "_Of the success of the

perhaps unwise attempt to show this in so small a compass, the

educated public must be the judge._" Most certainly, there is no

"pretension" in this modest and carefully guarded avowal of the simple

aim of my book. But Dr. Royce twists this modest avowal into a

barefaced boast, and injuriously misquotes me to his own readers thus:

"At the conclusion of the book, we learn that _we have been shown_

'the way out of agnosticism into the sunlight of the predestined

philosophy of science.'" Gentlemen, I request you to compare

thoughtfully the expressions which I have here italicized, and then

decide for yourselves whether this injurious misquotation is purely

accidental, or, in view of Dr. Royce's purpose of proving me guilty of

"vast pretensions," quite too useful to be purely accidental.

IV. But Dr. Royce does not content himself with quoting or misquoting

what I have published, for the self-evident reason that what I have

published is not sufficiently "pretentious" for his purpose.

Disinterested anxiety for the public welfare, and tender sorrow over

the "harm to careful inquiry" which my book is doing by "getting

influence over immature or imperfectly trained minds," constrain him

to accuse me of "frequently making of late extravagant pretensions as

to the originality and profundity" of my "still unpublished system of

philosophy."

Precisely what have been these "extravagant pretensions"? Simply

these:--

In the preface to "Scientific Theism," I said of that book: "It is a

mere _resume_ of a small portion of a comprehensive philosophical

system, so far as I have been able to work it out under most

distracting, discouraging, and unpropitious circumstances of many

years; and for this reason I must beg some indulgence for the

unavoidable incompleteness of my work."

Enumerating some reasons why I hesitated to begin the series of papers

afterwards published as "The Way out of Agnosticism," I said, in the

first of these papers: "First and foremost, perhaps, is the fact that,

although the ground-plan of this theory is already thoroughly matured,

the literary execution of it is as yet scarcely even begun, and from

want of opportunity may never be completed; and it seems almost absurd

to present the abridgment of a work which does not yet exist to be

abridged."

Finally, in an address printed in the "Unitarian Review" for December,

1889, I said: "Without advancing any personal claim whatever, permit

me to take advantage of your indulgent kindness, and to make here the

first public confession of certain painfully matured results of thirty

years' thinking, which, in the momentous and arduous enterprise of

developing a scientific theology out of the scientific method itself,

appear to be principles of cosmical import.... Perhaps I can make them

intelligible, as a contribution to that 'Unitary Science' which the

great Agassiz foresaw and foretold." In a postscript to this address I

added: "For fuller support of the position taken above, I am

constrained to refer ... to a large treatise, now in process of

preparation, which aims to rethink philosophy as a whole in the light

of modern science and under the form of a natural development of the

scientific method itself."

What remotest allusion to my own "originality" is contained in these

passages, or what remotest allusion to my own "profundity"? What

"pretension" of any sort is here made, whether "extravagant" or

moderate? Yet this is the only actual evidence, _and the whole of it_,

on which Dr. Royce dares to accuse me of "frequently making of late

extravagant pretensions as to the originality and profundity of my

still unpublished system of philosophy"! The pure absurdity of such an

accusation reveals itself in the very statement of it. Dr. Royce is

referring here, be it understood, not to my published books, but to my

"unpublished system of philosophy." _How does he know anything about

it?_ I certainly have never shown him my unpublished manuscript, and

beyond those published allusions to it he possesses absolutely no

means whatever of knowing anything about its contents. Nothing,

surely, except full and exact knowledge, derived from careful and

patient personal examination of that manuscript, could possibly be a

ground of just judgment of its character. How, then, in absolute

ignorance of its character and contents, could any fair man hazard any

public verdict upon it? Yet Dr. Royce not only accuses me of making

"pretensions" about it which I never made, but dares to characterize

them as "extravagant," when, _for all he knows_, they might (if made)

fall far short of the truth. Whether in this case the evidence

supports the accusation, and whether the conscience which permits the

making of such an accusation on such evidence is itself such a

conscience as you expect to find in your appointees,--these,

gentlemen, are questions for you yourselves to decide.

III.

These three connected and logically affiliated _misstatements of

fact_--namely, (1) that my philosophy is "essentially idealistic," (2)

that it has been "appropriated" and "unconsciously borrowed" from the

idealist Hegel, and (3) that I have frequently made "extravagant

pretensions as to the originality and profundity" of this merely

"borrowed" and "appropriated" philosophy--constitute in their totality

a regular system of gross and studied misrepresentation, as methodical

and coherent as it is unscrupulous. It is not "fair criticism"; it is

not "criticism" at all; and I do not hesitate to characterize it

deliberately as a disgrace both to Harvard University and to American

scholarship.

Yet, gross and studied and systematic as this misrepresentation is, I

should have passed it over in silence, precisely as I did pass over a

similar attack by Dr. Royce on my earlier book in "Science" for April

9, 1886, were it not that, perhaps emboldened by former impunity, he

now makes his misrepresentations culminate in the perpetration of a

literary outrage, to which, I am persuaded, no parallel can be found

in the history of polite literature. It is clear that forbearance must

have somewhere its limit. The commands of self-respect and of civic

conscience, the duty which every citizen owes to his fellow-citizens

not to permit the fundamental rights of all to be unlimitedly violated

in his own person, must at last set a bound to forbearance itself, and

compel to self-defence. These are the reasons which, after patient

exhaustion of every milder means of redress, have moved me to this

public appeal.

Dr. Royce's misstatements of fact, so elaborately fashioned and so

ingeniously mortised together, were merely his foundation for a

deliberate and formal "professional warning to the liberal-minded

public" against my alleged "philosophical pretensions." The device of

attributing to me extravagant but groundless "pretensions" to

"originality" and "profundity"--since he is unable to cite a single

passage in which I ever used such expressions of myself--was probably

suggested to him by the "Press Notices of 'Scientific Theism,'"

printed as a publishers' advertisement of my former book at the end of

the book which lay before him. These "Press Notices," as usual,

contain numerous extracts from eulogistic reviews, in which, curiously

enough, these very words, "original" and "profound," or their

equivalents, occur with sufficient frequency to explain Dr. Royce's

choleric unhappiness. For instance, Dr. James Freeman Clarke wrote in

the "Unitarian Review": "If every position taken by Dr. Abbot cannot

be maintained, his book remains an original contribution to philosophy

of a high order and of great value"; M. Renouvier, in "La Critique

Philosophique," classed the book among "de remarquables efforts de

construction metaphysique et morale dus a des penseurs independants et

profonds"; and M. Carrau, in explaining why he added to his critical

history of "Religious Philosophy in England" a chapter of twenty pages

on my own system, actually introduced both of the words which, when

thus applied, jar so painfully on Dr. Royce's nerves: "La pensee de M.

Abbot m'a paru assez profonde et assez originale pour meriter d'etre

reproduite litteralement." (La Philosophie Religieuse en Angleterre.

Par Ludovic Carrau, Directeur des Conferences de philosophie a la

Faculte des lettres de Paris. Paris, 1888.) These extracts, be it

remembered, were all printed at the end of the book which Dr. Royce

was reviewing. Now he had an undoubted right to think and to say that

such encomiums as these on my work were silly, extravagant,

preposterous, and totally undeserved; but _to take them out of the

mouth of others and put them into mine was wilful and deliberate

calumny_. Systematic and calumnious misrepresentation is the sole

foundation of the "professional warning" in which Dr. Royce's

ostensible review culminates, and which is too extraordinary not to be

quoted here in full:--

"And so, finally, after this somewhat detailed study of Dr. Abbot's

little book, I feel constrained to repeat my judgment as above.

Results in philosophy are one thing; a careful way of thinking is

another. Babes and sucklings often get very magnificent results. It is

not the office of philosophy to outdo the babes and sucklings at their

own business of receiving revelations. It is the office of philosophy

to undertake a serious scrutiny of the presuppositions of human

belief. Hence the importance of the careful way of thinking in

philosophy. But Dr. Abbot's way is not careful, is not novel, and,

when thus set forth to the people as new and bold and American, it is

likely to do precisely as much harm to careful inquiry as it gets

influence over immature or imperfectly trained minds. I venture,

therefore, to speak plainly, by way of a professional warning to the

liberal-minded public concerning Dr. Abbot's philosophical

pretensions. And my warning takes the form of saying that, if people

are to think in this confused way, unconsciously borrowing from a

great speculator like Hegel, and then depriving the borrowed

conception of the peculiar subtlety of statement that made it useful

in its place,--and if we readers are for our part to accept such

scholasticism as is found in Dr. Abbot's concluding sections as at all

resembling philosophy,--then it were far better for the world that no

reflective thinking whatever should be done. If we can't improve on

what God has already put into the mouth of the babes and sucklings,

let us at all events make some other use of our wisdom and prudence

than in setting forth the American theory of what has been in large

part hidden from us."

Gentlemen, I deny sweepingly the whole groundwork of cunning and

amazing misrepresentation on which this unparalleled tirade is

founded.

I. I deny that my philosophy is "essentially idealistic," or that any

"careful" or conscientious scholar could possibly affirm it to be

such.

II. I deny that I "borrowed" my realistic theory of universals from

the idealist, Hegel, whether consciously or unconsciously. The charge

is unspeakably silly. Realism and idealism contradict each other more

absolutely than protectionism and free-trade.

III. I deny that I ever made the "philosophical pretensions" which Dr.

Royce calumniously imputes to me. But, if I had made pretensions as

high as the Himalayas, I deny his authority to post me publicly--to

act as policeman in the republic of letters and to collar me on that

account. A college professor who thus mistakes his academic gown for

the policeman's uniform, and dares to use his private walking-stick

for the policeman's bludgeon, is likely to find himself suddenly

prostrated by a return blow, arrested for assault and battery, and

unceremoniously hustled off into a cell, by the officer whose function

he has injudiciously aped without waiting for the tiresome but quite

indispensable little preliminary of first securing a regular

commission.

IV. Most of all, I deny Dr. Royce's self-assumed right to club every

philosopher whose reasoning he can neither refute nor understand. I

deny, in general, that any Harvard professor has the right to

fulminate a "professional warning" _against anybody_; and, in

particular, that you, gentlemen, ever voted or intended to invest Dr.

Royce with that right. He himself now publicly puts forth a worse than

"extravagant pretension" when he arrogates to himself this right of

literary outrage. He was not appointed professor by you for any such

unseemly purpose. To arrogate to himself a senseless "professional"

superiority over all non-"professional" authors, to the insufferable

extent of publicly posting and placarding them for a mere difference

of opinion, is, from a moral point of view, scandalously to abuse his

academical position, to compromise the dignity of Harvard University,

to draw down universal contempt upon the "profession" which he

prostitutes to the uses of mere professional jealousy or literary

rivalry, and to degrade the honorable office of professor in the eyes

of all who understand that a weak argument is not strengthened, and a

false accusation is not justified, by throwing "professional warnings"

as a make-weight into the scales of reason. I affirm emphatically that

no professor has a moral right to treat anybody with this undisguised

"insolence of office," or to use any weapon but reason in order to put

down what he conceives to be errors in philosophy. In the present

case, I deny that Dr. Royce has any better or stronger claim than

myself to speak "professionally" on philosophical questions. The very

book against which he presumes to warn the public "professionally" is

founded upon lectures which I myself "professionally" delivered, not

only from Dr. Royce's own desk and to Dr. Royce's own college class,

but as a substitute for Dr. Royce himself, at the request and by the

appointment of his own superiors, the Corporation and Overseers of his

own University; and the singular impropriety (to use no stronger word)

of his "professional warning" will be apparent to every one in the

light of that fact.

IV.

So far I have treated Dr. Royce's attack solely from the literary and

ethical points of view. The legal point of view must now be

considered.

Plagiarism, conscious or unconscious, is a very grave and serious

charge to bring against an author, and one which may entail upon him,

not only great damage to his literary reputation, but also social

disgrace and pecuniary loss. If proved, or even if widely believed

without proof, it cannot but ruin his literary career and destroy the

marketable value of his books; and it matters little, so far as these

practical results are concerned, whether the plagiarism attributed to

him is conscious or unconscious. In an able editorial article on "Law

and Theft," published in the New York "Nation" of Feb. 12, 1891, it is

forcibly said: "Authors or writers who do this [borrowing other men's

ideas] a good deal, undoubtedly incur discredit by it with their

fellows and the general public. It greatly damages a writer's fame to

be rightfully accused of want of originality, or of imitation, or of

getting materials at second hand. But no one has ever proposed to

punish or restrain this sort of misappropriation by law. No one has

ever contended for the infliction on the purloiners of other men's

ideas of any penalty but ridicule or disgrace." Whoever _wrongfully_

accuses an author of plagiarism, then, holds him up _undeservedly_ to

"discredit, ridicule, or disgrace," and "slanders his title" to the

product of his own brain. This is contrary to the law. Yet this is

precisely what Dr. Royce has done in accusing me _falsely_, and as a

_"certain" matter of fact_, of borrowing my theory of universals from

Hegel. His accusation is made with as many sneers and as much insult

as could well be compressed into the space:--

"Dr. Abbot is hopelessly unhistorical in his consciousness. His

'American theory of universals' is so far from being either his own or

a product of America that in this book he continually has to use, in

expounding it, one of the most characteristic and familiar of Hegel's

technical terms, namely, 'concrete,' in that sense in which it is

applied to the objective and universal 'genus.' Dr. Abbot's

appropriation of Hegel's peculiar terminology comes ill indeed from

one who talks," _etc._ "This I say not to defend Hegel, for whose

elaborate theory of universals I hold in no wise a brief, but simply

in the cause of literary property-rights. When we plough with another

man's heifer, however unconscious we are of our appropriation, however

sincerely we seem to remember that we alone raised her from her

earliest calfhood, it is yet in vain, after all, that we put our brand

on her, or call her 'American.'... Now Hegel's whole theory may be

false; but what is certain is that Dr. Abbot, who has all his life

been working in an atmosphere where Hegelian ideas were more or less

infectious, has derived his whole theory of universals, so far as he

has yet revealed it with any coherency, from Hegelian sources, and

even now cannot suggest any better terminology than Hegel's for an

important portion of the doctrine. Yet in the volume before us we find

all this pretentious speech of an 'American' theory, and discover our

author wholly unaware that he is sinning against the most obvious

demands of literary property-rights."

Passing over the self-evident point that whoever is "_unaware_ that he

is sinning" cannot be "sinning" at all, since "sinning" consists in

_being aware_ of the wrong we do,--and, consequently, that Dr. Royce

comes here as near as he dares to a direct insinuation that my

plagiarism is conscious, and not "unconscious,"--let me call your

attention to the more important point, that Dr. Royce affirms my

conscious or unconscious theft from Hegel as a matter of _"certain"

fact_, not merely as a matter of _probable inference_. Yet the only

evidence he has to offer in support of this "certainty" is (1) that I

use the word "concrete" in the same sense as Hegel, and (2) that I

have worked all my life in a Hegelian "atmosphere." These two points

cover all the grounds of his accusation. Permit me very briefly to

examine them.

(1) The word "concrete" is not in the least a technical term

copyrighted by Hegel, nor is it his trademark. It is one of the

commonest of words, and free to all. But what sort of a reasoner is he

who infers the identity of two whole complex theories from their

coincidence in the use of only a single word? Even this poor and

solitary little premise slips out of Dr. Royce's clutch, for Hegel's

use of the word is _contradictory to mine_! Hegel has to put upon the

word "concrete" a very unusual, strained, and artificial sense, in

order to cover up the weakest point of his idealistic system. He

explains it, however, frankly, clearly, and unambiguously: "The

Concept or Notion (_Begriff_) may be always called 'abstract,' if the

term 'concrete' must be limited to the mere concrete of sensation and

immediate perception; the Notion as such cannot be grasped by the

hands, and, when we deal with it, eyes and ears are out of the

question. Yet, as was said before, the Notion is the only true

concrete." (_Encyklopaedie, Werke_, VI. 316.) Again: "Just as little is

the sensuous-concrete of Intuition a rational-concrete of the Idea."

(_Ibid., Werke_, VI. 404.) A score of similar passages can easily be

cited. That is to say, Hegel avowedly excludes from his _idealistic_

theory of universals the "concrete" of sensation, perception,

intuition, or _real experience_, and admits into it only the

"concrete" of _pure or non-empirical thought_; while I avowedly

exclude from my _realistic_ theory of universals the "concrete" of

_pure thought_, and admit into it only the "concrete" of _real

experience_. Hegel's "concrete" cannot be seen, heard, or touched;

while to me nothing which cannot be seen, heard, or touched is

"concrete" at all. A mere common school education is quite sufficient

for comprehension of the contradictoriness of these two uses of the

word. Yet, in order to found a malicious charge of plagiarism, Dr.

Royce has the hardihood to assure the uninformed general public that

Hegel and I use the word "concrete" in one and the same sense!

(2) The assertion that I have lived all my life in a Hegelian

"atmosphere" I can only meet with a short, sharp, and indignant

denial. I know of no such "atmosphere" in all America; if it anywhere

exists, I certainly never lived, moved, or worked in it. The statement

is a gratuitous, impertinent, and _totally false allegation of fact_,

wholly outside of my book and its contents, and is used in this

connection solely to feather an arrow shot at my reputation; it is a

pure invention, a manufactured assertion which is absolutely without

foundation, and, when thus artfully thrown out with apparent

artlessness (_ars celare artem_) as itself foundation for a false and

malicious charge of plagiarism, it becomes fabrication of evidence for

the purpose of defamation. The less said about such an offence as

that, the better for Dr. Royce, and I spare him the comment it

deserves.

Now, while it might be "fair criticism" _to infer_ my plagiarism from

Hegel, if there were only some reasonable or even merely plausible

evidence to support the inference (which I have just proved not to be

the case), it is incontestable that _to affirm_ this plagiarism, as a

"certain" matter of fact, without any reasonable evidence at all, is

not that "fair criticism" which the law justly allows, but, on the

contrary, a totally unjustifiable libel. In accusing me personally of

plagiarism on no reasonable grounds whatever, as I have just

unanswerably proved him to have done, and in making the "certainty" of

the plagiarism depend upon an allegation of fact wholly independent of

the book which he professed to be criticising (namely, the false

allegation that I have worked all my life in a Hegelian "atmosphere"),

Dr. Royce has beyond all controversy transgressed the legally defined

limits of "fair criticism," and become a libeller.

But this is by no means all. If the bat-like accusation of an

"unconscious", yet "sinning" (or sinful) plagiarism hovers ambiguously

between attacking my literary reputation and attacking my moral

character, there is no such ambiguity hanging about the accusation of

"extravagant pretensions as to the originality and profundity of my

still unpublished system of philosophy." A decent modesty, a

self-respectful reserve, a manly humility in presence of the

unattainable ideal of either moral or intellectual perfection, a

speechless reverence in the presence of either infinite goodness or

infinite truth,--these are virtues which belong to the very warp and

woof of all noble, elevated, and justly estimable character; and

wherever their absence is conspicuously shown, there is just ground

for moral condemnation and the contempt of mankind. Dr. Royce has not

scrupled to accuse me of making, not only "pretensions," but even

"extravagant pretensions," which are absolutely incompatible with the

possession of these beautiful and essential virtues, and thereby to

hold me up to universal contempt and derision. He has done this, by

the very terms of his accusation, absolutely and confessedly _without

cause_; for the system of philosophy which is "unpublished" to others

is no less "unpublished" to him, and an accusation thus made

confessedly without any knowledge of its truth is, on the very face

of it, an accusation which is as malicious as it is groundless. To

make such a self-proved and self-condemned accusation as this is, I

submit, to be guilty of libel with no ordinary degree of culpability.

But the libel of which I have greatest cause to complain is not

confined to exceptional or isolated expressions. These might

charitably be explained as mere momentary ebullitions of pettishness

or spleen, and pardonable as merely faults of temper in a criticism

which was in the main conscientious and fair. But the libel of which I

complain most of all is one that constitutes the entire ground and

framework of the article _as a whole_. Every part of it is

methodically spun and interwoven with every other part, in such a way

as to make it one seamless tissue of libel from beginning to end. This

I say in full consciousness of the interspersed occasional

compliments, since these have only the effect of disguising the

libellous intent of the whole from a simple-minded or careless reader,

and since they subserve the purpose of furnishing to the writer a

plausible and ready-made defence of his libel against a foreseen

protest. Compliments to eke out a libel are merely insults in

masquerade. The libellous plan of the article as a whole is shown in

the _regular system_ of gross and studied misrepresentation, of

logically connected and nicely dovetailed misstatements of facts,

which I exposed at the outset. Every intelligent reader of my two

books is perfectly aware that they are both devoted to an exposition

of the fundamental and irreconcilable conflict between philosophical

idealism and scientific realism, and to a defence of the latter

against the former, as the only possible method by which a spiritual

theism can be intellectually, and therefore successfully, defended in

this age of science. Only one who has read and digested the two books

can fully appreciate the enormity and the unscrupulousness of the

initial misrepresentation, slipped in, as it were, quite casually, and

without any argument, in the apparently incidental and

matter-of-course statement that my "conclusion" is "essentially

idealistic." It is _not_ "idealistic" at all, but as radically

realistic as the premises themselves; and no professor of philosophy

could ever have called it "idealistic" by a mere slip of the tongue or

pen. The intelligent origin of this misrepresentation is clearly

enough suggested in the use to which it is at once put: namely, to

render plausible the otherwise ridiculous charge that my theory of

universals was "borrowed" from an idealist. Next, the same origin is

more than suggested by the use to which these two misrepresentations

together are put: namely, to show that any claim of "novelty" for a

merely "borrowed" philosophy is a "vast" and "extravagant pretension."

Lastly, the same origin is inductively and conclusively proved, when

these three inter-linked misrepresentations, as a whole, are made the

general foundation for a brutal "professional warning" to the public

at large against my "philosophical pretensions" in general. Not one of

these fundamental positions of Dr. Royce's article is a fact,--least

of all, an "admitted fact"; on the contrary, each of them is

energetically and indignantly denied. But the libel of which I

complain above all is the _regular system_ of gross and studied

misrepresentation by which the most essential facts are first

misstated and falsified, and then used to the injury of my literary

and personal reputation.

It may, I trust, be permitted to me here to show clearly what the law

is, as applicable to the case in hand, by a few pertinent citations.

"The critic must confine himself to criticism, and not make it the

veil for personal censure, nor allow himself to run into reckless and

unfair attacks, merely from the love of exercising his power of

denunciation. Criticism and comment on well-known and admitted facts

are very different things from the assertion of unsubstantiated facts.

A fair and _bona fide_ comment on a matter of public interest is an

excuse of what would otherwise be a defamatory publication. The

statement of this rule assumes the matters of fact commented on to be

somehow ascertained. It does not mean that a man may invent facts, and

comment on the facts so invented in what would be a fair and _bona

fide_ manner, on the supposition that the facts were true. If the

facts as a comment upon which the publication is sought to be excused

do not exist, the foundation fails.... The distinction cannot be too

clearly borne in mind between comment or criticism and allegations of

fact.... To state matters which are libellous is not comment or

criticism." (_Newell on Defamation, Slander, and Libel_, p. 568.)

Applying this to the case in hand: the "admitted facts" are these: (1)

my philosophy is realistic from beginning to end; (2) I have not

worked all my life, nor any part of my life, in a Hegelian

"atmosphere"; (3) I did not borrow my theory of universals from Hegel;

(4) I have made no vast or extravagant pretensions whatever as to my

own philosophy. But Dr. Royce invents and states the exact opposite of

all these facts, and then bases on these purely invented facts most

undeserved "personal censure" and most "reckless and unfair attacks."

Therefore, his article is a libel in its whole groundwork and

essential spirit.

"If a person, under pretence of criticising a literary work, defames

the private character of the author, and, instead of writing in the

spirit and for the purpose of fair and candid discussion, travels into

collateral matter, and introduces facts not stated in the work,

accompanied with injurious comment upon them, such person is a

libeller, and liable to an action." (_Broom's Legal Maxims_, p. 320.)

Applying this to the case in hand: Dr. Royce "defames" my "private

character," when he accuses me of "frequently" indulging in

"extravagant pretensions"; he "travels into collateral matter," when

he alludes at all to my unpublished manuscript; he "introduces facts

not stated in the work, accompanied with injurious comment upon them,"

when he alludes to this unpublished manuscript for the sole purpose of

saying (untruthfully) that I "frequently make, of late, extravagant

pretensions as to its originality and profundity," and again when he

says that I have worked all my life in a Hegelian "atmosphere," for

the sole purpose of founding upon this false statement a false charge

of plagiarism.

In the "Griffith Gaunt" case, Judge Clerke said in his charge to the

jury: "The interests of literature and science require that the

productions of authors shall be subject to fair criticism,--that even

some animadversion may be permitted, unless it appears that the

critic, under the pretext of reviewing his book, takes an opportunity

of attacking the character of the author, and of holding him up as an

object of ridicule, hatred, or contempt. In other words, the critic

may say what he pleases of the literary merits or demerits of the

published production of an author; but, with respect to his personal

rights relating to his reputation, the critic has no more privilege

than any other person not assuming the business of criticism."

(_Abbott's Practice Reports_, New Series, VI. 18.) Applying this to

the case in hand: Dr. Royce, "under the pretext of reviewing" my

"book, takes an opportunity of attacking the author, and of holding

him up as an object of ridicule and contempt," if ridicule and

contempt are the deservedly universal punishment of the plagiarist and

the braggart. To so unprecedented a length has he carried this attack,

as deliberately and formally, in the name of his "profession," and

therefore, by necessary implication, in the name of Harvard University

itself, to "warn the liberal-minded public" against me, _precisely as

one warns the general public against an impostor soliciting alms under

false pretences_! This is a flagrant violation of my "personal rights

relating to my reputation"; and, therefore, according to the above

judicial ruling of an American court, Dr. Royce is guilty of wanton

and unprovoked libel against one who never injured him in the

slightest degree.

In the case of Strauss _versus_ Francis, Chief Justice Cockburn said:

"The question is as to the article as a whole.... The verdict must be

upon the article as a whole, and whether, as a whole, it is to be

deemed malicious and libellous." (_Foster and Finlason's Reports_, IV.

1107.) Applying this to the case in hand: Dr. Royce's ostensible

review presents its darkest, most odious, and most libellous aspect to

him who most thoroughly, penetratingly, and comprehensively studies

out the inner structure of its argument _as a whole_, and who most

intelligently compares it with the book which it falsely professes to

criticise fairly. Allow me to quote here a passage from page 39 of

"the Way out of Agnosticism" in order simply to show you how

uncompromisingly this passage, which sums up the entire results of the

first half of the book and luminously forecasts the entire conclusion

of the whole, plants my system on the side of Realism:--

Professor Royce's Libel A Public Appeal for Redress to the Corporation and Overseers of Harvard University · 第 1 / 4 段