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JB/064/099/001

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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.


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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.


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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
.


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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

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