JB/012/083/002

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1821 Oct. 28 B 9

II. Reasons in f of a Censorship applied as above to official for the particular that under existing circumstances
official and quasi official form on the part of Ecclesiastical functionaries

1. The necessity of it is created by the impossibility of giving an adequate description of the
obnoxious discourse
Offence considered in
itself. Coming from the
source in question all
discourse must therefore
be considered as neither
unless certified c
person
Censorship; Censorship, as applied

1. By Censorship thus applied nothing more in effect is done, than
to the popular class of writings here in question
the giving to the Ecclesiastical functionary a Lay Colleague the purpose is
particular purpose is give question, and that a temporal one, a lay colleague.
This done, offering any
instrument of the sort in
question without concurrence
of the Colleague
will be an act of usurpation.
Applied to this same class of writing

2. As far as it goes It seems not to be open to objection: by any thing which in the
it promises to be and I see no objection to it
exercise of his purely Ecclesiastical function the functionary may d
to be produced by it
it incumbent on him to utter by word of mouth, it has not any
application

Of the class of writings in question, I find in the
3. Of this Censorship, it is true, the operation does not apply to
proposed Code Article 243 this description
any discourse to which utterance is not given otherwise than
ecclesiastical or regarded
by word or : the nature of opposes
a pastoral charge
an insuperable obstacle. But, though in this case the mischief
Understand of the matter attached with
can not be opposed by any preventive measure, it may like
and who
in this as in other cases, be opposed by punishment: the words
his f given if office or personal
been liable to be down for that purpose. And his
the permanent antidote applied by the universal liberty left to
his written documents, the fugitive
power will be combated and evident advantage.

3. By this means all whatever power of doing producing mischief in the shape
in question was attached to the office or function is taken away: and

By this Censorship, a man thus circumstanced
stands debarred, in the event of his not obtaining
the required licence stands debarred interdicted, under a penalty
from causing it to be known, by whom the authorship
of the work is avowed. By this interdiction, if submitted to,
whatever in in the sort of publication in question there may be of mischief might have
been of peculiar and otherwise unopposable mischief,
is prevented. For by the sort of celebrity possessed
a sort of power is possessed, and on the occasion in
question exercised, a sort of power, against which
when misapplied there is no defence. Against it Neither argument reason
nor wit nor both together will avail any thing.
In your country, as Multitudes for example can scarcely be wanting, into
whose conception it can scarce enter, that in any discourse
in which by a person endued with the character of a Bishop, some mention is made of superhuman power, there can be any thing wrong with it:
that in doing what if on any such occasion the Bishop says do, there can be any harm in doing it:

1. But for the Scarcely a
free discussion on the part of others. But for
this, freedom none; against
untimely argument imputed.

2. Freedom of discussion
on the part of those subject
to Censorship, is unrestricted

3. Justification , presumption
of hostility,
see themselves
usurpation


4. Punishment prop
all
unavoiding
be

5. P when applied
powers taken
would be so



-nary but the power

of no , against
of which the
which

the counterargumant
not suffering
which under liberty
of discussion be left
unrestrained there
will always be a
body of interest sufficient
to bring forward,
well suffices.

6. The restriction with its punishmt is innocuous:
not likely to be productive of suffering
to any one.

7. It is religiously innoxious:
for all good purposes
publication communication
of do instructions & exhortations
remain unrestrained

Identifier: | JB/012/083/002 "JB/" can not be assigned to a declared number type with value 12.
Date_1	1822-06-05	Marginal Summary Numbering
Box	012	Main Headings
Folio number	083	Info in main headings field	jb to dr foley attached to liberator bolivar
Image	002	Titles
Category	correspondence	Number of Pages	1
Recto/Verso	recto	Page Numbering	e2
Penner	jeremy bentham	Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public	letter 2890, vol. 11	ID Number	4144
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