date

1821 Oct. 29 B To Toreno 3
1821 Oct. 29 B

To Toreno

3 o

Letter VII

Blasphemy

4

4

When, for an act by which no small evil either in the shape of pain or less of pleasure is produced, punishment is appointed to be inflicted, attention should be paid—not merely to the deal of coercion and thence of uneasiness imposed on every person who feel disposed to practice the act, and the punishment to which men may be subjected for practising it but to the facility afforded to malitious adversaries for the subjecting to the punishment by means of false testimony men by whom no act of the sort in question has really been committed. In this case in a manner more particularly manifest are all acts which leave behind them no perceptible material traces, and in particular spoken words.

The greater the publicity of the act the less the danger of mischief on this score. But if it be of such a nature as that it is capable of being committed in the presence of no more than a single person, as in the case of words spoken, attach punishment to the evil[?] you thereby give a sort of licence to every person who has malice /malicious enough/ to accept it a licence to subject every adversary of his at pleasure on condition of declaring in the way of judicial testimony that a act of the sort in question has been done by the individual in question when assertion has no foundation in fact.
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  • Title: [10 May 1808 I. Reasons Ch.I]
    Description: 10 May 1808

    I. Reasons

    Ch.I

    §.3. Certainty

    In the instances of several groupes of offences, so variable or so faint are the lines of separation by which the offences in the same group are distinguished from one another, that although after the evidence has been delivered, there will be no doubt that one or other of them has been committed, yet, till the evidence has been thoroughly sifted and considered, and even after all the consideration that can be given of it, it may still be doubtful which.

    Instances of these groupes are

    1. {Murder and Manslaughter

    2[?]. So again[?] among wrongs affecting person, Disablement, Disfigurement and Mutilation: distinctions natural in themselves but unknown to lawyers' language.

    3. {In the popular deportment of the language} Theft, Fraudulent obtainment and Embezzlement.

    4[?]. {again} Destruction and Deterioration[?] both of them as applied to things moveable or unmoveable, considered as the subject-matters of property.

    4. Instead of both, Blackstone employs malicious mischief: an improper term since malice is not a necessary accompaniment of the production of either of those pernicious effects.

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  • Title: [1821 Oct. 31 To Toreno 3]
    Description: 1821 Oct. 31

    To Toreno

    3

    Letter VII Religion

    §. Facienda—Reason

    11

    4

    {9} 8.

    Inserendumne? where[?]?

    The Censorship in question established, and as per Article | | of the proposed Code the political chief in /of/ the Province (suppose) appointed Censor, a pastoral charge for the Bishop of a Diocese contained within the Province is presented for a licence. This licence will be either granted or refused. Suppose it granted, you have reason to believe /presume/ that there is nothing noxious in it: for if there be, whatsoever be the mischief produced, , the Political Chief by whom the licence has been granted is responsible Suppose it /the licence/ on the other hand refused. If refused, on sufficient ground every thing is as it should be: mischief is prevented, and the purpose of the law answered. But if refused without any ground at all, still there is no considerable harm done. For be the composition ever so excellent ever so useful, no parts of its real use is thus excluded /shut out/: for to the Bishop, as to every other man, for this discourse as for almost any discourse, the press is open and free.
  • Title: [1821 Sept. 26 To Toreno Letter]
    Description: 1821 Sept. 26

    To Toreno

    Letter IV or V or VI

    § 3 Conditions

    Maxims by J.B

    *9

    *5

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    Should these observations be found to contain any thing in them worth notice, many more might have been /be/ added that would not have been found less so. Here however I /they/ must end. In these upon recollection I perceive that there is nothing that in substance I have said elsewhere: and in particular in those works of mine of which the existence at least in French has[?] is to the Gentlemen in question so well known, and by the existence [of] which if there be any thing good in them so little good effect has been produced: nothing that in a less imperfect form I will not submitt to the /your/ Spanish Nation, if your rulers will leave it possible to me.