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1810. Septr.
Penal Code.Ch. Offences affectg. reputation
§. Wrongful aspersion.
22.
2. Jury trial but a
palliative.
23.
3. Even sinister interest
apart, custom &
prejudice suffice to
render them, unless by
accident, partial to
the ruling power.
24.
4. Even when adverse
in opinion, timidity,
or ignorance will
make them decide according
to the Judge's
directions.
25.
Q.2. Terms reproachful
– liberty why allowed?
26.
Ans. 1. Else the liberty
illusory.
27.
2. When delinquency
exposed, punishment
would fall on the exposer,
not on the delinquent.
28.
3. For prevention of
mischief, punishment
so seated is useless.
29.
4. Liberty and licentiousness,
groundless plea
employed by hypocrisy
and folly.
30.
5. Licentiousness
means nothing but
a liberty not approved
of.
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31.
Desire of preventing
information. Motives
by which it is
produced.
1. Desire of continuing
misrule.
32.
2. Desire of preventing
all proof of inaptitude.
Perish the people, rather
than my claim
to perfection should be
disputed.
33.
By no good motive, by
no sympathy for the
public, can the desire
of the enslavement
have been produced.
34.
Only by self regarding
and dissocial passion.
35.
Never attempted but on
the assumption of perfect
excellence above –
of depravity below.
36.
Mischief not considerable
anywhere. In
France produced not
by but for want of it:
viz. under the
riots.
37.
Examples of perfect liberty
of the press but
one: viz. United
States.
38.
There, no mischief in
any shape – anarchy,
civil war or commotion
– Government
kept by it perfect.
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39.
Contrast between
United States and
English Government
in respect of waste,
corruption, commotion,
discontent.
40.
Sole instance of
prosecution in U.S.
it's results.
41.
Bill thrown out
with the party that
had introduced the
act.
42.
No mischief which
a ruler can suffer
from the liberty, comparable
to what the
commonalty may
suffer at his hands
from it's absence.
43.
Probability of misconduct
will increase
with the facility.
Such the proposition
involved in restrictions
on the press.
44.
On this proposition
founded that of the
excellence of the ruling
few, and depravity
of the subject many.
45.
In human nature
no such extremes –
the reverse of the
above proposition
nearer the truth.
46.
Liberty allowed – Licentiousness
disallowed.
47.
Consequence, that what
is disagreeable will
be punished not as
liberty but as licentiousness.
48.
No fixed line of demarcation
between them.
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