JB/064/098/001

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1818. Jany. 18.
Penal Code.Ch. Offences affectg. reputatn
§. Wrongful aspersion

49.
Rulers aware that
misrule liable to be
produced from exclusion
of information.

50.
But, on the other
hand that their interest
is opposed to that
of the many.

51.
Also, that this opposition
could not
fail to be exhibited
were the press free.

52.
This opposition so
great that the loss
to them by exclusion
of information far
less than the loss wd.
be by it's dissemination.

53.
Under these circumstances,
liberty of the
press hopeless under
any Government
in whose eyes there
is any possibility of
its suppression.

54.
Accordingly, under
no Government but
the English is there
any chance of liberty
of the press.

55.
But for the Whigs it
would have been
long since extinguished.

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56.
Common Law Judges
have done all they
can to suppress it.

57.
By establishment of
a censorship not
within the powers of
the Judge.

58.
No liberty of the press
in the substantive
law of England – it arises
only from the
change of impunity
from juries.

59.
But juries power
in this case compleatly
arbitrary.

60.
The security therefore
worse than useless
unless the Jury really
impartial and free.

61.
But, except in the City
of London, such impartiality
owing to nothing
but accidental
oversight and negligence
of the Servants of the
Crown.

62.
Whatever good repute
Juries have, owing entirely
to the whigs.

63.
This one of the instances
in which the interest
of the Whigs the
same with that of the
subject many.

64.
Interest of the Whigs
in the liberty of the
Press.

65.
But this security has
no place out of Britain,
and there it
hangs by a thread.

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66.
No government founded
on supposed all-perfection
of rulers.
In every Government,
inaptitude supposed
to exist on the part
of all the members,
excepted only the Monarch
in a monarchy,
the members of
an the aristocracy in
an aristocracy.

67.
Though all perfect,
they would be in constant
need of information
respecting matters
of fact.

68.
In the rulers, no practice
so flagitious that
custom will not render
the people indifferent
to it.

69.
Only by the cloak of
custom can be concealed
the impudence of the
human being of preventing
exposure and complaint
of all his acts,
however mischievous.

70.
Under compleat liberty
of the press, common
assertion that no Government
could hold together.

71.
Falsity of this proposition.

72.
J.B.'s – challenge to
any person to stand up
and defend restriction
on the press.

Identifier: | JB/064/098/001"JB/" can not be assigned to a declared number type with value 64.
Date_1	1818-01-18	Marginal Summary Numbering	49-72
Box	064	Main Headings	Penal Code
Folio number	098	Info in main headings field	Penal Code
Image	001	Titles
Category	Marginal summary sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering
Penner		Watermarks	B&M 1828
Marginals		Paper Producer	Arthur Moore; Richard Doane
Corrections		Paper Produced in Year	1828
Notes public		ID Number	20452
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