JB/064/110/001

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1817 Dec. 20

Art. 2. Reasons

2 (a)
Imputation groundless,
why this liberty permitted – Answer
1. Short of this it wd be
nothing.

Juries apart and the
connection between the
supreme and the judicial
powers imputation
grounded punishment

To pronounce certain the imputation
grounded wd. in
the judicial power be
regarded as schism against
the supreme.
2. Jury trial but a
palliative. Jury not
under the seductive
influence of government
a rare incident.
3. Even sinister interest
apart, custom and sinister
prejudice suffice
to render them, useless
by accident, partial to
the ruling powers.

Secrecy exempts Jurymen
from that check
of the moral sanction to
which single Judges stand
exposed.

4. Even when adverse
in opinion and affection
to the Rulers, timidity
and ignorance subject
them to the direction
of the Judge.

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Art. 2. Reasons

2 (b)
1. Liberty why
to terms full of unmerited
approach.
Answer 1. Else the liberty
illusory.
Proper or improper wd.
be determined by the
Judge.
Unable to deny altogether
the justness of the imputation
he might always
the propriety of
the terms.

Not to declare ye term
improper wd. be to
in the strength of the reproach:
though a degree
of strength which might
be improper in a Judge
might not be improper
in a private person.

2. Thus when delinquency
guilt has been exposed
and not on the delinquent.

3. The privation of
mischief punishmt.
so acted is needless.
The degree excessive
the public will not
join in casting so much
as it does but will
cast more or less of it
in the accuser.

4. I am for liberty, but
against licentiousness
a plan employd. by hypocrisy
and folly for
extinguishing liberty
of the press –
Allow the plan to justify
himself in the extinction
of liberty a
man need but to
the word licentiousness.

5. Licentiousness in fact
means nothing but a liberty
I do not approve.

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Liberty not distinguishable
from licentiousness.

So being as by any
impropriety imputed
to the terms on which
the offence has been
pronounced punishment
is held to be capable
of being incurred.

The formula alone
now be namely this
professed to be believed
& be extended.

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Liberty not distinguishable
from licentiousness

Between such imputations
the utterance of
which is necessary and
such the utterance of
which is not necessary
to good government it is
impossible to draw the
line.

Forbade such imputation
in any case you deprive
yourself not only of
all check to your will
but of all information
to your understandings.
You deprive yourself in
not only of the right of
passing judgment on your
conduct, but of the right
of making complaint
of whatever sufferings it
may happen to them to
endure.

For no complaint
of suffering can be , but a
concern in the government
under which such suffering, have place
be inferred.

Let even a decree
be have been judicially pronounced
asserting in the most
express terms the right
of every subject to give
his opinion relative to
the manner in which
the business of government
is conducted,
altogether fullsome will
be the thing securely
thus afforded.

Identifier: | JB/064/110/001"JB/" can not be assigned to a declared number type with value 64.
Date_1	1817-12-21	Marginal Summary Numbering	2a, 2b
Box	064	Main Headings	Liberty of the Press
Folio number	110	Info in main headings field	Liberty of the Press
Image	001	Titles	Art. 2 Reasons
Category	Marginal summary sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	E3
Penner		Watermarks	JOHN DICKINSON & C<…> 1813
Marginals		Paper Producer	A. Levy
Corrections	Jeremy Bentham	Paper Produced in Year	1813
Notes public		ID Number	20464
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