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Feb 1809 Part 1 Ch. 1 Ch. 2 A. 1
Press Ch. 1 Indeterminateness — Ch 2 State
Ch.1. Liberty & Licentiousness
Stet
1
"Friend to liberty, enemy
" to licentiousness" — ought
to be left to the driveller
and the hypocrite. p.1.
2.
1. To the driveller as
nugatory & —
like nequid nimis
p.1.
3.
2. To the hypocrite as
fit for nothing but imposing
on drivellers —
p 2
4.
In a speech more
pardonable on account
of the haste & pressure
Secus in print where a
man — has full time.
p.2.
5.
Too much to say it
is never accompanied
with dishonest intentions
Secus, to say it is exclusively
conducive to the
furtherance of such intentions
and presumptive
evidence of them. p.3
6
Sole tendencies of it —
1. — To engage men to keep
the restraints already
imposed by law undiminished.
2. or to add to them.
+ [+]1 p.3.
+ [+]1
Ch. 1. 6
No man will dare to say
I am an enemy to liberty:
thence every one who is
an enemy to the liberty, says
I am an enemy to the licentiousness.
J.B. ventures to say, till
the libe licentiousness can
be separated natural
to the liberty I am
a friend to both together.
7.Proposition asserted
the law on this head is
unfit to be enforced.
p.3
8
The safety of the constitution
is provided
not in the observance
but the breach of it.
p.4.
9.
For proof, see the
ensuing pages. p.4
10
If so, to endeavour
to procure even the
enforcement of the
existing restraints
much more any addition
to them — is to be
not a friend but an
enemy to the liberty
of the press. p.5
11
Tis enmity is real,
his friendship feigned
to disguise his enmity
Liberty is prved by him
as Baal by John. p.5.
Ch.2. State of Libel Law
§§.1 Origin of libel law
1.
The real state of the
law of libels say rather
of offences agt reputation
will hardly be credited,
or will be referred to the
unalterable nature of
things, unless its origin
be explained. p.6
1*
Causes of the tyranicalness
of the law of libels
1. Shape of the law unwritten
2. Authors, the Judges of
old time, displaced as
well as placed by the
King at pleasure. p.6*
2.
Liberty of the press
[so far as the constitution is concerned]
depends on the state of
the law relative to offences
against reputation:
viz. of public persons
as such.
Libel outstretches
offences agt reputation (a)
& fall short of it. (b) p.7.
3.
But permanency &
publicity being so important
to the effect
of discourse, libel throws
every other mode of
offending th reputation
into the background.
[+] p.7
[+] 3
In every discussion
relative to public measures
the reputation of
public man in high
situations is necessarily
involved
4.
Properties of libel law
1. Uncertainty
2. Tyrannicalness —
(so far as compatible
with uncertainty)
the free pass of the
constitution being
produced not by the
observance but by
the breach of it. p.8.
5.
To prove these aspertions
regard must be
paid as well as to adjective
as to substantive
law. p.8.
6
Uncertainty & tyrannicalness,
two vices
distinct in themselves
& capable of existing
each without the other
yet in the law of libels
exist together, & the
proofs are the same
for both. p.9
Ch
7
1. Uncertainty of yr law
on this head, sufficiently
proved by its being
unwritten —
Nullis p.9 *
8
But on this head, the
law is uncertain in a
particular degree: so
much so as to have no
other limit than its
tyrannicalness. p.9*
7*
Ellenbord's definition of
of a Libel in R v Cobbett
2. Jan. 1804 —
& which is good law || || And gives to public popular discussion
the same liberty
as to theft or murder
8* ||
||8*
<sic>Tyrannicalness is securely
combined with uncertainty.
1 Tyranicalness of the
law — it pronounces
criminal & punishable
all Newspapers and political
pamphlets published
within these
50 years. p.10
7* (a)
Question of actuality
& propriety continually
confounded by moralists
and lawyers, first observed by Nume
by moralists, through muddiness,
by lawyers thro'
sinister interest, in
their case under the
influence of that interest,
impropriety would from
actuality be the more
rational inference. p.10*
9.
2. Uncertainty proved
from the same passage
Injury &c — are ambiguous
— sometimes
referring to law, (as
per etymology) sometimes
not, as in
surgery. p.11
10
So prejudice &c
p.12
11
By the synonym
"violated" the legal sense
seems to be negatived
p.12
12
No man dares to say
I am an enemy to the
liberty of the press: he who
is so, instead of liberty
says licentiousness. p.6
13
If licentiousness means breach
of law (Judge-made included)
it is only by the licentiousness
of the press yr Constitution
is preserved p.6
14
J.B. till the separation
is made is a friend to the licentiousness
of yr Pres. p.6
15
On 45 years consideratn separation
appears to him feasible
plan below accordingly below.
p.7
16
If not better licentiousness
shd continue unrestrained
the existing restraints being
rendered inefficient: plan
below, any one Juryman being
sufficient in each cause. p.7
17
No wonder tht a system so
hostile to yr community shd be
praised by its makers and
preservers. p.8
18
The wonder is tht it shd be so
much admired by its victims.
p.8
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part i ch. 1 ch. 2 press ch. 1 indeterminateness ch. 2 state |
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