JB_128_190.xml

Title: [1818 May 15 Parl. Reform Bill]

Description: 1818 May 15

Parl. Reform Bill

Reasons

VIII Penal Securities

Electioneering lying

7

1

Another difficulty with which the subject is encumbered is that which regards the

species of misconduct, so unhappily unfrequent in practice, so unhappily unprovided

with all preventive legal remedy – so compleatly unprovided with any single-worded

name, but of which by the two words Electioneering lying

/falshood/, some general conception may be conveyed.

The mischief thus brought to view shall it be suffered to remain altogether without

so much as an attempt to provide a remedy? the species of misconduct thus brought to

view shall it remain altogether in a state of /covered under the protection of/

impunity? If so, against how powerful how unhappily frequent, and frequently how

unhappily successful a cause of Miselection must the public interest remain

undefended?

On the other hand behold how the difficulties under /with/ which the endeavour to

provide a remedy of the penal class has to struggle.

Under this denomination will be seen to be enclosed the following division. 1.

Electioneering lies of the defamatory cast. 2. Electioneering lies of the laudatory

class: 3 Miscellaneous electioneering lies tending to give birth to the mischief in

question, viz. Miselection.

Under the head of defamation come Electioneering lies of

the defamatory cast. But to the head of defamatory belongs by far the most extensive

and the most important part of libel law: that branch of the law, by which what

remains good /little remains undestroyed/ of the Constitution is under continual

danger of being swept pushed down into the very bottom of the hulk[?] of

despotism.

JB_128_205.xml

Title: [1818 June 18 Parl. Reform Bill]

Description: 1818 June 18

Parl. Reform Bill

Abregé

VIII Penal Securities

4

Opposite in one point of view /in its own nature/, but alike capable of being in its

ulterior effects productive of the evil in question, viz. Miselection is the false

and deceptious magnification: to /on a particular score specified or individualized:

viz. when to the person in question is ascribed some individual act which if done by

him would have been meritorious but where to either was wholly […?] or was an act in

which he had no part. To/ the individual thus unduly characterized /of whose

character the false description is given/, no injury, it is true, is done: but to the

public in the first place, and in the next place to the more worthy rival the injury

done in this case is exactly as great, as in the case of defamation. If when criminal

consciousness has place, the one ought to be punished, neither ought /should/ the

other, where the falshood has for its effect or intent[?] /design/ the production of

public evil in this shape, go unpunished.

On this occasion as on others carefully distinguished from defamation ought vituperation to be: by defamation misconduct either in an

individual shape or at any rate in a specific shape as designated by the name of such

crime or crimes[?] or some action by which the agent is rendered an object of general

contempt or hatred, is imputed. By vituperation no such particular imputation is

conveyed. A sentiment of […?] or disapprobation being expressed, but without any

specific ground for it, whatsoever evil, if any may be the result is scarcely more

apt to attach upon the individual by whom it is uttered /levelled/. Opposite to

ungrounded vituperation is ungrounded eulogy or laudation. Of each the force and tendency may be /is capable

of being/ counteracted by the other: they do not, either of them on this occasion any

more than on any other appear to present a demand for penal visitation. Be it what it

may, punishment where needless is much worse than useless.

JB_128_170.xml

Title: [1818 May 9 + Parl. Reform Bill]

Description: 1818 May 9 +

Parl. Reform Bill

{Text} 3 o Exposition

VIII. Penal Securities

3

1

Causes /Offences/ by which Miselection may be produced are – 1. Forgery. 2.

Fraudulent personation. 3. False assertion in writing or by word of mouth. 4.

Deceptive deportment 5. Delivery or purveyance[?] of unfree suffrage. 6. Undue

exclusion of Votes. 7 Undue introduction of Votes.

I Offences tending by means of simple falshood to produce Miselection are as follows,

viz.

1. Where, by means of his signature an assertion, made by a proposed Voter is in

respect of any of the matters so asserted by him in the tenor of his Vote-conferring

Certificate, {not conformable to the truth} /{untrue}/ in any material particular,

untrue

2. Where, by means of his signature, an assertion made by a Certifier, in the tenor

of a Vote-conferring Certificate is in relation to /respect of/ any of the matters so

asserted by him, in any material particular, untrue

3. Where, by means of his signature an assertion made by a Recommending Nominator in

the tenor of a Recommendatory Certificate, framed for the purpose of nominating a

proposed Member, is in relation to any of the matters so asserted by him, in any

material particular untrue.

Any such false assertion {i.e. made /conveyed/ as above,} is /was/, if made for the

purpose of deception and thereby of producing the mischief /evil/ in question,

accompanied with criminal consciousness and intention.

Any such false assertion so made is, if not made for the purpose of deception,

liable to have been produced by culpable heedlessness or rashness.