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<head>LIBELS JUSTIFICATION.</head> | <head>LIBELS JUSTIFICATION.</head> | ||
<note>Now either this is true, or it is <add>if</add> it is not it deserves no regard <add>if it</add> is, then men should be encouraged <add>and</add> stimulated to do so. How what <add>more</add> effectual stimulant than the <add>motive</add> of self-preservation?</note> <note>In treating of subjects of this delicate nature I would wish if possible not to know that <add>how</add> many persons, particularly <add>how</add> many great persons have treated on them before. To differ <add>for the sake of difference</add> from them, <del>whoever they are</del> they whoever they are, may believe me whoever I am, is of all things the farthest as <add>it is</add> from my interest, so also for my intentions.</note> <del>I know</del> it has been said and is the standing answer <add>observation</add> upon the occasion, that justified<lb/> | <p><note>Now either this is true, or it is <add>if</add> it is not it deserves no regard <add>if it</add> is, then men should be encouraged <add>and</add> stimulated to do so. How what <add>more</add> effectual stimulant than the <add>motive</add> of self-preservation?</note> <note>In treating of subjects of this delicate nature I would wish if possible not to know that <add>how</add> many persons, particularly <add>how</add> many great persons have treated on them before. To differ <add>for the sake of difference</add> from them, <del>whoever they are</del> they whoever they are, may believe me whoever I am, is of all things the farthest as <add>it is</add> from my interest, so also for my intentions.</note> <del>I know</del> it has been said and is the standing answer <add>observation</add> upon the occasion, that justified<lb/> | ||
<add>in Libel</add> ought not to be admitted, because the calumniator <del><gap/></del> <add>might</add> and ought to have brought <add>the</add><lb/> | <add>in Libel</add> ought not to be admitted, because the calumniator <del><gap/></del> <add>might</add> and ought to have brought <add>the</add><lb/> | ||
person calumniated to Justice. It is something to say he <hi rend='underline'>ought</hi> & <hi rend='underline'>might</hi>; but it <add>is</add><lb/> | person calumniated to Justice. It is something to say he <hi rend='underline'>ought</hi> & <hi rend='underline'>might</hi>; but it <add>is</add><lb/> | ||
something more to say he <hi rend='underline'>will</hi>. Now I say by admitting justifications he <add>will</add><lb/> | something more to say he <hi rend='underline'>will</hi>. Now I say by admitting justifications he <add>will</add><lb/> | ||
he will in many cases where he never would <add>have</add> done so otherwise — it is <add>not difficult to see that it</add> is less trouble<lb/> | he will in many cases where he never would <add>have</add> done so otherwise — it is <add>not difficult to see that it</add> is less trouble<lb/> | ||
to call a man a <del><sic>traytor</sic></del> or a forger, <add>or a thief a <gap/> or a cheat</add> than to prove him so: and sloth <add>that stifles</add><lb/> | to call a man a <del><sic>traytor</sic></del> or a forger, <add>or a thief a <gap/> or a cheat</add> than to prove him so: <note>But they would deny me their esteem: which I <unclear>ambitionate</unclear> much, if</note> and sloth <add>that stifles</add><lb/> | ||
many <add><del><gap/></del> salutary</add> accusations that self-preservation would have called forth. Public Zeal or<lb/> | many <add><del><gap/></del> salutary</add> accusations that self-preservation would have called forth. Public Zeal or<lb/> | ||
private spleen happily directed may carry a man thus far in a thousand instances<lb/> | private spleen happily directed may carry a man thus far in a thousand instances<lb/> | ||
where it would carry him no further: it would leave him at the edge of the road of <add>public</add><lb/> | where it would carry him no further: <note>I suppressed that difference, and the reasons on which it is founded <gap/> the public would refuse <gap/> theirs which I ambitionate more, if <add>for the same motives</add> I omitted to give those reasons <del>all</del> <add>every advantage in</add> that <gap/> force of which <add>every power</add> I am master.</note> it would leave him at the edge of the road of <add>public</add><lb/> | ||
accusation, not always to be travelled in without <sic>expence</sic>, and never without trouble.<lb/> | accusation, not always to be travelled in without <sic>expence</sic>, and never without trouble.<lb/> | ||
the Eloquence of the Legislator may display itself in declamations on the<lb/> | the Eloquence of the Legislator may display itself in declamations on the<lb/> | ||
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him of making those two interests coincide. [This as every body must perceive is<lb/> | him of making those two interests coincide. [This as every body must perceive is<lb/> | ||
only active principle upon which the <del>legal mechanism</del> <add>whole Machine of Jurisprudence</add> depends <add><gap/></add> for its <del>operation</del> <add>motion</add>] But if his<lb/> | only active principle upon which the <del>legal mechanism</del> <add>whole Machine of Jurisprudence</add> depends <add><gap/></add> for its <del>operation</del> <add>motion</add>] But if his<lb/> | ||
sagacity <del>teaches</del> <add>punishes</add> him with none, at least it should teach him <add>not</add> to expect such as offer of themselves | sagacity <del>teaches</del> <add>punishes</add> him with none, at least it should teach him <add>not</add> to expect such as offer of themselves <note><del>Designing</del> intent only on treading the <add><gap/></add> path of present animosity, they would <gap/> themselves <add>unexpectedly <gap/></add> engaged <add>insensibly</add> in the broad road <add>track</add> of public utility, & pressed into the service of Justice. <add>the Law.</add></note><gap/> than any other; it is this that a </p> | ||
<note>If there is a principle <add>in penal Jurisprudence</add> less contrived & </note> | |||
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LIBELS JUSTIFICATION.
Now either this is true, or it is if it is not it deserves no regard if it is, then men should be encouraged and stimulated to do so. How what more effectual stimulant than the motive of self-preservation? In treating of subjects of this delicate nature I would wish if possible not to know that how many persons, particularly how many great persons have treated on them before. To differ for the sake of difference from them, whoever they are they whoever they are, may believe me whoever I am, is of all things the farthest as it is from my interest, so also for my intentions. I know it has been said and is the standing answer observation upon the occasion, that justified
in Libel ought not to be admitted, because the calumniator might and ought to have brought the
person calumniated to Justice. It is something to say he ought & might; but it is
something more to say he will. Now I say by admitting justifications he will
he will in many cases where he never would have done so otherwise — it is not difficult to see that it is less trouble
to call a man a traytor or a forger, or a thief a or a cheat than to prove him so: But they would deny me their esteem: which I ambitionate much, if and sloth that stifles
many salutary accusations that self-preservation would have called forth. Public Zeal or
private spleen happily directed may carry a man thus far in a thousand instances
where it would carry him no further: I suppressed that difference, and the reasons on which it is founded the public would refuse theirs which I ambitionate more, if for the same motives I omitted to give those reasons all every advantage in that force of which every power I am master. it would leave him at the edge of the road of public
accusation, not always to be travelled in without expence, and never without trouble.
the Eloquence of the Legislator may display itself in declamations on the
Beauty of men's giving up their private Interest to that of the Public: But his real merit
is only seen in the fewer or more occasions with which his sagacity forces him
him of making those two interests coincide. [This as every body must perceive is
only active principle upon which the legal mechanism whole Machine of Jurisprudence depends for its operation motion] But if his
sagacity teaches punishes him with none, at least it should teach him not to expect such as offer of themselves Designing intent only on treading the path of present animosity, they would themselves unexpectedly engaged insensibly in the broad road track of public utility, & pressed into the service of Justice. the Law. than any other; it is this that a
If there is a principle in penal Jurisprudence less contrived &
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