date

1820 Oct. 18 Spanish liberticide measures
1820 Oct. 18 Spanish liberticide measures 5 Letter 2 Public Discussion 5

 These Sheets Nos 5 6. 7. 8. 9. 10 were not employed in terminis in the Letter

sent.

On this part of the field of thought and action as on every other, whatsoever

law is made finds the gound covered with the mark of liberty. With the exception

of those by which coercion is taken away or modified, no can have place but

coercion is among the effects of it. But coercion is itself an evil: it

therefore ought not to be imposed without /on any other supposition than that of

its being pregnant with/ some more than equivalent good.

In the case here in question, the good if any in contemplation /that is arrived

at/ is the exclusion of some /an/ extensive political danger.

Now in the two cases in question the complexion of the danger is somewhat

different.

From an open meeting the danger in the only shape in which it can be apprehended

is that of mischief – mischief to persons or properties on the spot from some

sudden enterprize. From such a source, how extensive so ever the mischief may be

no permanent source of mischief can be apprehended.
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  • Title: [1820. Octr 18 Spanish liberticide measures]
    Description: 1820. Octr 18 Spanish liberticide measures 10 Letter 2. Public Discussion 10

    Where there is no ignorance there is no […?]

    In secresy in this case there is danger. True, but is that reason sufficient for

    prohibiting it? By no means. Throughout the whole field of government throughout

    the whole field of thought and action, look where you will you may see. Do what

    is proposed there is danger forbear doing it there is still danger. Do any thing

    or do nothing to avoid danger is impossible. The uncertain mischief with which

    the supposed danger is pregnant is it greater in value than the certain mischief

    of the proposed remedy? behold in this a question which should not ever be out

    of mind.

    Looking to the United States, where you may meet and form political schemes and

    be all the while as secret as you please, I see all this supposed danger at its

    height for forty years and not a grain of mischief from it in all that time: if

    forty years if this experience be not enough for you, look at any one of the

    original thirteen States or of the […?] two and twenty states, and see whether

    from the very birth of them the case has not been every where the same.

    True it is that if upon this part of the field of thought and action I were to

    feel myself under the weight of introducing regulation coercion and prohibition,

    this circumstance of secresy would be the first subject I should be for applying

    them.
  • Title: [1820. Octr 18 Spanish liberticide measures]
    Description: 1820. Octr 18 Spanish liberticide measures 11 Letter 2. Public Discussion 11

    Mr Gorelli makes no distinction. He will neither have excitation nor

    instruction: wherever he sees free discussion there he sees an enemy.

    Had the provision /his means of safety/ been temporary, some excuse might have

    made of it: but so far as words go it is everlasting. In one single town A

    danger whatever may have been amount of it had place for a few days: no actual

    mischief, as far I can understand, was the result of it. If so The mischief was

    after all but ideal. For remedy against a danger thus blown over – for this it

    is that Mr Goreli organizes a danger designed to last as long as the

    Constitution lasts, and designed for I can not see what less is designed to

    destroy it.

    A guard – a military guard – under the command of the President of the Cortes

    for the time being – had this been his means of safety – necessary or not

    necessary – I should have seen no danger in it. On the particular occasion in

    question, one regiment, the regiment of | | offered (I see it said) its

    services. Let these services be accepted and as above perpetual. I have no fear

    from them. Neither the Nation /people/, nor the King with all the remaining

    /other/ regiments, regulars and militia likewise, could have much to fear from

    this one regiment under such command, nor from many such regiments put together.

    Here then would be certain and everlasting force, provided against imagined and

    apprehended force, and that but contingent and should it have place, but

    momentary. Would not be sufficient.
  • Title: [1820 Oct. 18 Spanish liberticide measures]
    Description: 1820 Oct. 18 Spanish liberticide measures 6 Letter 2. Public Discussion 6

    From select meetings under a Constitution such as the Spanish no just ground for

    the apprehending danger can have place, unless on the supposition for the

    production of the corresponding mischief secresy be /is/ employed. Under the

    veil of secresy mischief may in great variety be produced mischief the

    production of which by open meetings would be hopeless. A plan of separate

    assassination might be organized: so likewise a plan of military operations to

    any extent, by direction suddenly given to a body already prepared and disposed

    and equipped for the purpose.

    In this case exclude secresy you exclude danger. Why? because secresy being

    excluded no mischievous enterprize can be formed but those to whom it would be

    mischievous have the warning of it have the information of it, /the intended

    evil/ and means thereby given to them of taking measures for their defence /the

    prevention of it/.

    {As the danger i.e. the more or less probable mischief is in the two cases

    different so is the good.

    In the case of the open /an open/ meeting, the principal shape in which it has

    place is that of excitation /its chief use is excitation: in the case of a

    select meeting, instruction.

    In the case of the select meeting, the principal shape in which it has place is

    instruction. mutual instruction.

    Of an open meeting the chief use is excitation: of a select meeting,

    instruction.}