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[lxxxiv. 177]
1822 Feb. 14
?.5
V
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For the obtainment and reciprocal communication of this knowledge and of the judgments grounded on it the people have two distinguishable but intimately connected means or instruments written and visible discovery circulated by means of the press, and oral or /and/ audible discourse uttered and communicated at public meetings.
On either occasion and in /through/ either way /channel/ if on the subject of matter of fact falshood be uttered with the intention to produce deception, or through rashness ie for want of that examination and caution which ought to have been exercised /bestowed/ whether the intention be /were/ or be /were/ not in existence the tendency of the falshood /assertion/ is to produce deception, and in respect of the mischief /diminution/ that may thus be produced in the greatest happiness of the greatest number presents a right and proper demand for punishment: for if such falshood be /were/ permitted they might be as effectually debarred from all salutary exercise of their constitutive power as they could be by being debarred from the faculty of receiving correct and appropriate information as above. True it is that the means /channels/ of counter[?] information would remain as open to the contradiction and refutation of the falshood as to the dissemination of it. But in many cases /it will often/ happen that the refutation will not be able to reach every ear or every eye that the falshood has reached: or if it /and when it/ does that it will not have reached it time enough to prevent /exclude/ the pernicious consequences.
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Title: [[clx. 361] 1822 July 25 Constitut]Description: [clx. 361] 1822 July 25 Constitut. Code Rationale Securities 5 Moral Counterforce Public Opinion Tribunal Evidence etc A circumstance which has a natural tendency to provoke falshood and through falshood, injury evil to the prejudice of the government by which the restraint /restriction/ is imposed, is the resentment which the restriction itself imposes: a resentment than which nothing can in any case be better grounded or more just. Where oppression is exercised and there is no other remedy, no other defence against it is afforded by the nature of the case, falshood if not justifiable is at any rate comparatively excusable. Of every such restriction the effect and object is to secure efficiency and impunity to oppression and depredation: to oppression in every shape, the worst shapes imaginable not excepted. From no course that can be taken by the endeavour to put an end to such an instrument of oppression can any evil be produced comparable /equal/ to the evil included /produced/ by the application of this instrument of oppression, if the application be effective. To the encountering of such endeavours by appropriate falshood the grand objection is /are in general/ that it will be unnecessary /needless/: for seldom are they emplyed but for the purpose of concealing enormities, the correct statement of which would suffice for the infamizing of the rulers /oppressors/ without the addition of any thing that is not true: and that, in proportion as the falshood comes to be discovered, the discovery casts reproach upon the heads of those concerned in the propagation of it, and discredit upon such reproachful imputations as are true. 2. Another objection is that by one falshood /false report/ detected and brought home to the author or any person concerned in the dissemination of it, while conscious of the falshood his own reputation is /may be/ so damaged, that from his mouth or pen what is true will not be taken for such.
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Title: [[lxxxiv. 116] 1822 Jany 22]Description: [lxxxiv. 116] 1822 Jany 22 ult¼o ?5 If by any Government professing liberal opinions professing the taking for the end©in©view of its measures the greatest happiness of the greatest number ie the object /end/ to the attainment of which its measures are directed © if by any such Government after the notice given by this paper has come under its eye this measure of universal invitation be omitted to be employed © if instead of it the close mode of legislation be employed the omission will be a certificate that the greatest happiness of the greatest number is not taken by such Government for the end in view to the attainment of which its measures are directed: that its professions in that particular are not sincere: that it is not by regard for universal interest that its measures are determined, but by a regard for an interest opposite to that universal interest © by a regard for the particular and sinister interest of the majority /greater/ or the most influential portion of those among whom the powers of government are shared. That, antecedently to the receipt of such notice, the close mode should have been pursued, is /was/ altogether natural: for whatsoever after having been continues to be customary, can not be otherwise than natural: natural and in so far as custom excuses /absolves/ /covers/ from blame, unblamable /blameless/. But customariness is not the same thing with contributoriness to the greatest happiness of the greatest number: and when notice of this has been received, the apology /plea/ which custom makes is gone: and the proof of insincerity and of a disposition demonstrative of a breach of trust on the part of the Governors if not of inaptitude in the form of government with reference to the greatest happiness of the greatest number, remains /is/ conclusiveÁÁ
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Title: [[lxxxiv. 104] 1822 Jayn. 16.]Description: [lxxxiv. 104] 1822 Jayn. 16. Codification Offer ?.5. Admission Universal Applied to audible discourse - to discourse orally uttered /antecedently employed/ these preventive means /measures/ consist in the prevention of meeting, for the purpose of delivering and hearing such discourse Applied to visible discourse discourse graphically delivered /uttered/ they consist in Censorship in the prevention of all use of the press without licence /permission/ first obtained at the hands of the possessors of the power thus /so/ subject to be abused, or what comes to the same thing appointed by them or subject to their influence, or linked with them by a community of sinister interest By whomsoever appointed every person occupied in the sitting in judgment over any such discourse for the purpose of granting or refusing a licence stands exposed to corruptive influence influence of sinister interest and interest-begotten prejudice in the same manner as a Representative of the people is: and sooner or later, say rather from the first moment will be seen to be corrupted accordingly to be more or less subject /in a state of actual subjection more or less entire/ to such corruptive influence. Of such suppression if carried into effect in both its branches, the effect will be to give a compleat licence to misrule in every possible shape. Of every act directed to the purpose of effecting such suppression in either of these branches, the tendency and obvious and incontestable object /design/ and end in view is to establish such licence. Every such act /endeavour/ is an endeavour to destroy whatsoever is good in the Constitution in question: it is an act demonstrative of the endeavour to convert the form of government into an unbridled despotism. In so far as it is successful, every such endeavour demonstrates the inefficiency of the Constitution in question with reference to its declaredly intended object - the greatest happiness of the greatest number: it demonstrates that the functionaries by whom the subject many are governed are their enemies and oppressors to demonstrate accordingly that it is the interest of the greatest number to change, if by any means it be in their power to substitute to the Constitution which admitts of such an abuse the only Constitution which does not admitt of such an abuse. Thus it is, that by all the art of man the intentions of those by whom suppression or repression in any degree is endeavoured to be applied to the freedom of appropriate public discussion thus applied can not be represented as being more mischievous than they actually are.
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