JB/064/099/001

Click Here To Edit

1818. July 1st.
Penal Code.Political Defamation

1.
On the continent, no
licence – no experience.
In England, some licence
– prosperity greater
than anywhere else.
In U.S. perfect license,
prosperity perfect.

2.
Position assumed that
the more effectual
check on bad Government,
the less the prosperity.

3.
Positions necessarily involved
in the doctrine
in question.

4.
1. That, for maintenance
of good conduct, the
less check on misconduct
the better.

5.
Endeavour of these men
to destroy the moral
sanction.

6.
From ruler's misconduct
people have
no resource – from
people's do. rulers
have the whole power
of government.

7.
2. The other position
is, that by true imputations,
not by false
ones, will the apprehended
mischief be
produced.

8.
Pain of mind suffered
by a ruler an evanescent
quantity.

---page break---

9.
Mischief from discontent
none till
realized by some offence
against individuals
which it rarely is.

10.
From calumny ruler
suffers less than
individual.
1. He has 11. more sympathy
for his support.

11.
2. He has usually money,
necessarily power
for his compensation.
Not so the other.

12.
To punish the imputation
of misrule is
to exclude the operation
of the moral sanction,
in the character
of a check to it.

13.
Misconduct in his
own interest to be
expected from every
man.

14.
The less check to this
impulse, the greater
it's effective force.

15.
In the instance of
the subject many,
the laws a check to
misconduct.

16.
In the instance of
the ruling few, no
such check.

17.
The laws a check to
their misconduct
in their private capacity
only.

---page break---

18.
That political sanction
is a check to political
misconduct
of rulers is a contradiction
in terms.

19.
Political functionaries
punished for
private offences against
individuals – not for
their political conduct.

20.
Examples
Sir Thos. Rumbold,
Warren Hastings
Sir Elijah Impey,
Lord Melville &c.

21.
Accusation by the
House of Commons
an inadequate punishment.

22.
Thence, in the case
of the ruling few, demand
for a check
upon misconduct.

23.
1. Evils of association
of the subject many
as nothing compared
to the evils of association
of the ruling
few.

24.
2. Subject many under
the strongest of all
checks to misconduct,
viz. the legal sanction,
not so the ruling
few.

25.
Evil at it's maximum,
and the strongest remedy
inapplicable.

26.
One instrument remains
in the power
of the moral sanction –
viz. the printing
press.

---page break---

27.
By defamation only
or vituperation can
this instrument act.

28.
Defence carried on
1. By evidence.
2. By argument.

29.
For evidence and for
argument money
necessary for their
obtainment.

30.
In this respect, advantage
possessed
by Defamee over Libeller.

31.
Example from the
late trial at Derby.

32.
Such the advantages
possessed by the Constituted
authorities
over the alledged libeller.

Identifier: | JB/064/099/001"JB/" can not be assigned to a declared number type with value 64.
Date_1	1818-07-01	Marginal Summary Numbering	1-32
Box	064	Main Headings	Penal Code
Folio number	099	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
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	20453
Box Contents