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1821 April 29
Needless continued
1
3
Constitution
Penal Law
Under an absolute Monarchy, any disclosure of a nature otherwise
than agreeable to the Monarch, (or any of those by whom execution
and effect is given to his will) is, if uttered by word of mouth
in the hearing of any other person, a seditious discourse if committed
to print or writing, a seditious libel: such of course is the
character of every discourse by which intimidation is given, that in
this or that particular, still more if in general, the system pursued,
or the conduct of those who act under it, might if different from
what it is, be better than what it is.
Under a limited Monarchy the case, is in these respects the
same,
Under a Representative Democracy suppose conspiracy not
impossible — suppose it is not groundless — still there could be no
need of it. uUnder a representative Democracy, individuals in any
numbers, may in any places, at any times, meet and say and lure hear
whatsoever, (whether in relation to the system pursued or in relation
to the conduct of those who act under it), is agreeable to the respective
speakers, to whatsoever degree it may be otherwise than
agreeable to the heavens, or to their common rulers. Be the purport
of what is thus said what it may, the speaking of it will not be
seditious speaking: written or printed, unpublished or published,
a paper in which it is contained, will not be a seditious
libel. Suppose a proposition made for killing, or beating a
Judge, a Governor, a President: for pulling down or plundering
his house, a proposition to any such effect if followed by any
correspondent endeavour will be an offence against person or property as the case may be & punishable as
such: for a Judge, a Governor, a President is an individual. But
in neither case would it be either lese- Majesty divine or human or so much
as sedition; at any rate, if by the Legislation of any such State, the Judge, was
was suffered to punish it
as such, it would be in
humble imitation of
an original, by the imitation
of which on any
one occasion, they
ought to be covered
with shame.
Identifier: | JB/037/037/001 "JB/" can not be assigned to a declared number type with value 37.
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constitutional code |
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needless continued |
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richard doane |
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