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§§.13. Mischiefs producible
by the engrossment of the
press. 1 Mischiefs to the public
Suppose one master of
the press. this is more adverse
to useful liberty, more
conducive to misrule,
than the absence of all
liberty of the press as
against rulers. — Tory
2
Sooner or later this matter
of the press will be so of
the government: he has
means of attack, government
none of silence.
By false facts and arguments,
and against
government the whole
force of public opinion,
disposing to disobedience
those of whose obedience
power is composed.
3
Being master of the government
he adds to the power
of suppressing publications
hostile to his sinister
interests, the habit
of disseminating false
and fallacious ones favourable
to do.
4
Under a master of the government
thus self-constituted
such, the condition
of the people would be
worse than under another
who for keeping himself
in his seat had confined
himself to the practice
of suppressing adverse
publications; not
having equal need of falsehood
he would not to an
equal extent have practiced
it.
5
As to written discourse
Disadvantage is equal to
what it would be if on a
trial, carried on by oral
advocates and witnesses
were gagged.
§§.13. Mischiefs producible
by the engrossment of the
press.
6
Besides being tormented
by him in this character
of Master of the government,
opponents would be aspersed,
and destroyed in
reputation by him in
his character of master
of the press.
7
Conceditur, the more
presses, the less probable
this state of things.
But the number must
be great ere it can be out
of probability that manifestly
or non-manifestly
they should be
lodged in one hand:
and the hand of government
would find most
facilities for this.
8
As to periodicals, and especially
Daily Newspapers,
even where presses
abound most, as in Britain
and Anglo-America, the
mischief of a sort of partial
engrossment has been
felt: much more would
it, in a new country,
where presses are, and
long must be, extremely
few
9
II Mischief to individuals.
Mischief to the whole
community is not the
only mischief
1. Press in a single hand,
individuals in any number
may be ruined by him
in reputation.
10
2. So if in hands all confederated.
11.
3. So if in hands not all
confederated: the confederates
zealous in inflicting
injury: the unconfederated
indifferent
as to affording redress.
11 (a)
For England aspersion is
often practiced as a means
of extortion: defence not
admitted but for a price.
1
.
§§.14. Engrossment remediless.
1
Liberty of the presses is violated,
so far as do is engrossed.
See §§. article.
2
Of such violation compleat
premonition is impossible
But what can be done
against it, ought to be.
3
Desirable state of things is,
that impartiality
should take place,
i.e. that in the order of
presentation all writings
should be printed: [refusal
for special reason excepted]
and for all the same
terms p.1
4
By law such impartiality
not be enforced.
5
Example: case supposed
in which premonition of
misrule and injury to
reputation combined
viz. injurious aspersion
of a public man.
Full and adequate
means of defence through
the same presses, can not
here be secured.
6
II Presses say that of a
Newspaper.
For an answer, Legislator
can never compell
a space to be allotted
sufficient in reality,
much less in the estimation
of the party impaired
7.
Press that of a printer at large.
Here the legislator knowing
nothing of one work more than
another, can never possess adequate
reasons for prescribing
a preference. especially for
entering into one contract
in breach of another.
8
Compelling execution an
order of presentation, will not
serve: this may be avoided
by sham works kept in readiness
to be put in for the
purpose.
9
From interposition of the
Judge to decide on the validity
of excuse for postponement
much delay
would be inseparable.
§§.15. Remedies possible.
1
Printers at large are not
subjectible to regulations
for this purpose.
2.
Printers of periodical
works are.
3
Take for example the
private Printer of a
periodical work.
4
Chief abuse thus observable,
a libel aspersing a
public man as such.
5
Remedy obligation on
Printer to insert notice
of intention to prosecute.
6
Effect suspension of
the public opinion.
7
Number of words necessary
for this purpose
must not be too great
for a Printer to be bound
to insert for a small
fix'd [rice: viz in next
No or next but one
8
But to mischief by
promotion of misrule or
false arguments this
remedy is not applicable.
9
Suppose parties, — a
Newspaper Editor in
league with one — then
a riot partial in a degree
often exemplified.
Modes in which his
partiality will exercise itself.
1. Non-insertion of opposite
papers.
2. Postponement equivalent
to suppression
3. No mention of the receipt
of them.
4. — For extracts the
worst part chosen.
5. On the adverse side
the worst inserted in preference
to the best.
10
To these modes of the mischief
must the remedy
be adapted viz. Principles
— of Private Editors
1. Require such observances
as without too
much vexation shall
render partiality as
difficult as possible.
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