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JB/026/006/001

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§.1. Text.
1.
Art. 1. Press (1) free (2) inviolable (3)
use lawful; subject to no
restriction but for preventing
abuse without prejudice
to use.

2.
Art. 2. Political criticism lawful.
except as excepted —
[Saving regard to foreign
powers].

In discourse oral or
written &c.—in relation to
public affairs and persons,
—lawful to express approbation
or disapprobation
with or without grounds.

3.
Art. 3. Dissemination of
newspapers &c. and books
&c., containing matter
of political criticism lawful
if they exhibit printers
or publishers name
as per Ch. 4. unless prohibited
by judicial sentence.

4.
Art. 4. Dissemination of
productions of the press not
containing matter of political
criticism relating
to this state free as against
antecedent restraint,
except as per list prohibited,
and duly promulgated
by delegates of the
people.

5.
Art. 5. Relative to abuse
of liberty of political criticism
(Ch. 2, 3) or contravention
against regulations
(Ch. 4.) judicial proceedings
shall be carried on publicly;
so all of proceedings
whereby the liberty of
political criticism may be
affected.

6
Art. 6. Of abuse of liberty
of political criticism none
to be convicted without
opportunity of examining
in open court
the alledged aspersee.


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§.2. Explanations

1.
Art. 1 (1) [the press]: i.e.
not only printing presses
but all means of forming
visible and permanent
signs of ideas.

Art. 1. (2) [free] i.e. without
need of licence.

Art1. (3) [inviolable]. i.e.
not to be destroyed or sequestered:
or any part of
the apparatus.

Art. 5. (1) [in public]
Proceedings sub dio
in the most capacious
and convenient room
in Judges power open
to all: saving precautions
against disturbance
and annoyance
from uncleanliness
allowing preferable
accommodation to
Note-takers.


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§.3. Reasons
Ch. 1.Art. 1. Licensing none

1.
Press why not subject
to licencing? prevention
being better than punishment.
Reason:

2.
2. Mischief by bondage
unlimited.—of abuse
limited and restrictible.

3.
2. Freedom of the press
and indispensable security
for good government.

4.
3.—necessary to the unrestricted
of all useful facts
which through indifference
or sinister interest, a licenser
might stop.

5
4. Licensing, a power
too great to be trusted to
man: power of suppressing
all ideas. It supposes
constantly in a person
unknown, super-human
probity and intelligence:
more in that one than
in all others put together.


---page break---

§.3. Reasons
Ch. 1. Art. 7. Licensing
none.

6
It gives him the power
of depriving all rulers
of all means of judging
except what they themselves
call for.

7.
5. The due execution of
it is impossible.
Refusing in secret and
without appeal; he condemns
without hearing
the author to a severe
punishment the world
to a boundless loss.
Magnet, Opium &c.
Vaccination or the Bible
what if lost for want
of a licenser?

8.
Judging rightly the people
would infamize the licenser
whose function
is always pernicious:
not the executioner, whose
do is always beneficial
unless in so far as do
of the judge is unduly executed.

9.
6. Popularity of the form
of government no adequate
succedaneum to freedom
of the press.
The day of debate elapsed
all dissemination of unfitness
of public men is impracticable.

10.
7. Agent of the people unjustly
aspersed has two
remedies. 1. Self-defence by
the press.
2. Judicial prosecution

§.3. Reasons.
Ch. 1. Art. 2. Public criticism
why most protected.

1,

Question—Why give to criticisms
on a political ground
indulgence not given to them
on other ground?

2.
Reason. 1. Pain thus produced
has in this case more
benefit to countervail it
than in any other, viz: a liberty
necessary to the well-being
of every state to the existence
of a free one.

3.
Reason.2. In this case the
exercise of liberty has a stronger
interest to oppose it than
any other: viz that of the members of the government.

Ch. 1. Art. 5. Procedure
public?

1.
Publicity of procedure
why ordained in this case?

2.
Reason.1. General Reason
for publicity of procedure
[saving exceptions]
apply here with particular
force. viz.
Use. 1. Security for intellectual
fitness in the
Judge.
It will keep out unfit
ones or cause them to
be removed.

3.
Use 2. Security for
diligence—Eye of the
public a spur.

4.
Use 3. Security for
probity. Eye of the public
a bridle.

5.
Use. 4. In case of unfitness
it is a source
of evidence without it
all others are incompleat.
Minutes, if
official will be under
the influence of the
Judge.

6.
That in other cases
such publicity were
ineligible, here it
would be indispensable;
for. —

7.
To a free constitution
a free press is necessary.
If by the members
of the government the
people be kept from the
necessary means of judging
of the fitness of
public men and their
measures, it were
better for them not to
have any part in the
placing or displacing
public men.

8.
Conceditur every man
can not be actually
present at each hearing;
but if it is in the
power of every man this
suffices.



Identifier: | JB/026/006/001
"JB/" can not be assigned to a declared number type with value 26.

Date_1

Marginal Summary Numbering

1-6, 1, 1-10, 1-3, 1-8

Box

026

Main Headings

law amendment

Folio number

006

Info in main headings field

Image

001

Titles

Category

marginal summary sheet

Number of Pages

1

Recto/Verso

recto

Page Numbering

Penner

Watermarks

Marginals

Paper Producer

Corrections

Paper Produced in Year

Notes public

ID Number

8739

Box Contents

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