JB/034/180/001

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1823 Sept. 14

Constitutional Code

(9) 6

By libel law to utter either by word of mouth audible or by visible sign or by writing
any discourse the tendency of which is to bring vile hatred or contempt
upon any functioning of government is a punishable offence. Use
of every discourse the tendency which has for its tendency either
to make known as having been committed by any functioning
government any act inbly required as mischievous, or to
be regarded as mischievous any act which though known to have been
by them hadmay not all have been regarded as mischievous the
undoubtable tendency can not butwill be the bringing either into hatred or contempt or both of such
all <add>every</add> such act act and of all whose endeavour, are employed either in promoting
the exercise of it or in preserving the action of it from assault the
punishing powercensure of the law.

To establish tyranny as mischievousexcruciating as one ever established
by the most cruel ministers men mankind were ever tortures by
nothing is wanting but impunity to them to establish this impunity
nothing is wanting but the concealment in some case of the
mischievous acts in other cases of the mischievous tendency of this
to establish such concealment nothing is wanting but the steady
exercise of libel law as it stands in England - that steady exercise
upon the constancy of which the peace and happiness of the community in all
cases were it is pursued by the law with effect depends. If then to this branch
of the law of England Juries win uniformly to concurr in giving
execution and effect, nothing more would be needful to the establishing
in England a tyranny in afflicter as that of Nero or Domitian Caligula
in ancient Rome or that of Philip the second are modern Species
For the establishment of such a tyranny in manner as abuse English
Judges have done their utmost in all times: in the situation in which
the form of government pleased then their it is not in the nature
of man that they should have done otherwise

[a]of any exception the law
they have been too
few and man to
be production of any exclusive
effect

As to Juries, under the influence of one or other of the
ever fruitful causes of practical error namely sinister interest, interest
begotten prejudice, authority-begotten prejudice, and indigenous
they have generally speaking concerned with Judges in the same course.

Identifier: | JB/034/180/001 "JB/" can not be assigned to a declared number type with value 34.
Date_1	1823-09-14	Marginal Summary Numbering
Box	034	Main Headings	constitutional code
Folio number	180	Info in main headings field	constitutional code
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c9 / c6
Penner	jeremy bentham	Watermarks	j whatman turkey mill 1822
Marginals		Paper Producer	admiral pavel chichagov
Corrections		Paper Produced in Year	1822
Notes public		ID Number	10454
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