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Mar. 1809
Press. Ch. 4. Kindred Offences.
Natural distinctions
§§.5.4. Party affected
1.
IV. Party affected
Taking these offences
in the aggregate, the
party may be
1. Another individual
2. The wrong-doer himself.
3 A class
4. The public.
p.1.
2.
But in this respect
differences are observable
among the four offences
viz
1. In defamation the
description of the party
admits all the modifications
He may be even
the defamer himself.
With direct intention
not readily but with
indirect intention, whoever
does a known disreputable
act thereby
defames himself.
3.
2. In vituperation the
party vituperated cannot
so easily be the
vituperator: though
by groundless or indecorous
vituperation
he defames himself
as above. p.2
3(a)
1. Self vituperation exemplified
in Harper's case.
2. Exhibited by another,
the effigee would have
been a "libel" as sure
as a ("wooden) Gun".
3. Infamy if any raised,
no difficulty here as
to when it would fall
4. Well for yr world if
no greater infamy
were produced by libel
or other offence agt
reputation. p.2.
4.
Stockholders (to produce
the cheating them) called
blood-suckers: soldiers,
cut-throats.
The staff in these
& other such cases has
recoiled on the hand without
touching the mark.
p.3
Natural distinctions
§§.5.4. Party affected
5.
1. In corporal insult
party so insulted
cannot be —
1. the insultor —
2. a class —
corperation, though a
common seal, has
not do nose any
more than do "conscience"
(Ld Coke)
3 — the public — hero's
(not a
but a wish) embraced
not breech or rage.
p.4.
6.
4. In insulting menacement
party so
insulted may be
individual or class.
But execution cannot
fall except on an
individual, & then
the offence becomes
bodily insult.
I will kick &c
every Stockholder,
Solder, Jacobin, Anti
Jacobin p.5.
Natural distinctions
§§.5.4. Party affected
1
VI. Aggressor: The
termed used because
when he is not
under law, offender
or wrong-doer is inapplicable.
p.1.
2.
Coteris paribus, the
higher the stroker, the
deeper the wound
3.
In England, the highest
possible aggressors in
this way are them
Chancellor & 12 Judge
including the 4 presided
by the Custor morum
p.1.
4.
Hence the deepest
wrong, & if capacity of
wrong doing were not
wanting, wrong — of this
kind ever inflicted, was
inflicted on the reputation
of the whole public by
the 12 Judges in their
firebrand definition.
Act imputed, a compound
of arson assault
& murder p.2.
5.
Drawbacks in this case —
1. No wrong — The dictum
of the otherwise
wrong-doers, the declarers
of law, the
Standard of rectitude.
p.3
6.
2. As to the depth of the
wound the question remains
proposable
Against such an
object, and with such
skill, what the depth.
7.
Direct answer neither
easy not safe.
If infamy be thus
raised, let the reader
judge when it falls.
(a)
Old woman & thunder.
p.4.
8
2. Wound aimed by
Ellenboro' at London
and its police as
per Mayers advertisement
in
7 Mar. 1809. p.5.
Natural distinctions
§§.5.4. Party affected
9.
1. Impecability the same
here, as above —
10
Admitted that goodness
of this police was no more
under his cognizance
than the strength of
Phillips intellect. p.5.
11.
But doubts as to the
right would be removed by
a glance towards Dorchester
or Gloucester fast.
p.6.
12.
As to depth of wound
guess whether greater
than if inflicted by
A or B, being taken from
a company habituated
to pour contempt
at random, without
thinking whether deserved.
p.6.
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press ch. 4 kindred offences |
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