date

1820. Octr. 12 Spanish liberticide measures
1820. Octr. 12 Spanish liberticide measures 13 §. 2 I. Press violation Reasons

against libel laws

Thus it is that by every endeavour on the part of a public functionary to

destroy or narrow this liberty two things are made probable not to say certain:

in his mind a consciousness of inaptitude on the part of himself or his

associates in the system or both, and a desire to seek /derive/ such a

gratification to himself from the /another’s/ sufferings of another: from the

sufferings of an individual by whose exertions service has been done to the

public /by whom the public has been served/: criminality and vindictiveness:

criminality, or at the least inaptitude: and the severer the punishment, and

taking all together the greater the force he employs or endeavours to employ for

this purpose, the deeper he affords reason to conclude has been or is intended

to be his guilt, or else the sharper his vindictiveness.
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    It is specified /specifically/ /specifically/ without being individually

    described, if for example the words be – he is a thief or he is a robber – this

    and nothing more. It is specifically and individually described, if the
  • Title: [1820. Octr. 12 Spanish liberticide measures]
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    As on each particular instance /occasion/ every functionary who in the shape of

    criminality or in any other feels in himself symptoms of inaptitude will in the

    way /shape/ of punishment and all other shapes by argument as well as all other

    means do what depends upon him /employ his exertions in the endeavour/ to

    prevent the disclosure of it, so under every system of governmnet under which

    for the benefit of the sharers in it misrule is exercised and supported: all

    such arguments as present themselves as affording a chance of their producing

    the desired impression on those to whom /those minds on which/ they are

    employed, will of course be anxiously looked out for and collected and made the

    most of. But by /among/ all who are partakers in any sinister every argument,

    how absurd and weak so ever in itself, that is presented to them in that

    character every argument how absurd and weak so ever in itself: just as among

    persons concerned in the making profit of forged /counterfeit/ paper money the

    knowledge of its being counterfeit /what it is/ does not prevent the circulation

    of it.

    But with the exception of the government of the Anglo-American United States, no

    government that hath as yet been in existence /known/ has had for its actual end

    and object had any thing better than the furtherance of the narrow interest of

    those /the ruling few/ by whom it has been constituted and carried on, at the

    expence and to the sacrifice of the public many: in other words, to the extent

    of the sacrifice thus made, every such known government has ever been a

    purposely organized system of misrule: and therefore to preserve from disclosure

    all the particulars of all such misrule, and to that end in conjunction with all

    other means to employ in support of misrule in general, and against the

    disclosure of it such arguments as could be devised has been among the most

    constant and most anxious of their cares and their endeavours.
  • Title: [1820 Oct. 12 liberticide measures 12 §. 2]
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    As whether in this advantageous /distinguished/ situation or not, any act

    tending to the prejudice of his /a man’s/ reputation in any point will naturally

    be apt to call forth his displeasure, so in the case of a man /on the part of a

    man/ by whom any such advantageous situation is occupied a natural object of his

    endeavours will be – to prevent and so far as that is not possible /endeavour

    fails/ to avenge every injury or supposed injury done or endeavoured to be done

    to him in that provoking /galling/ shape: and where power has not been wanting

    the death of the offender has very commonly been regarded as a means not too

    expensive to be employed in the prosecution of this end.

    The more consummate the inaptitude, and thence in case of criminality, the more

    intense and extensive the evil of which the /his/ criminal conduct has been

    productive, the greater the evil which the functionary has to apprehend from the

    disclosure of it, and thence the heavier the punishment with which it will be

    his endeavour to visit the offender to visit all persons concerned in the

    casting of the imputation the greater in a word the quantity of force /power/ in

    all shapes which it will be his interest and endeavour to employ towards the

    repression of it: in the case of an imputation not yet cast but apprehended,

    self-preservation will in proportion to the magnitude of his guilt be earnest in

    applying to this purpose the utmost quantity of force possible: in the case of

    an imputation already cast, the care of self preservation will dictate the

    employing of this same quantity of force against all such offences /evils/

    apprehended in future, to which the desire of vengeance will add its claims in

    satisfaction for what is past.