date

1818 May 15 Parl. Reform Bill
1818 May 15

Parl. Reform Bill

VIII Penal Securities

Electioneering lying

8

2

The subject of this principal branch of libel law of so important a branch of

institutional law – can it be thus discussed as it were in a parenthesis?

Well but As to Electioneering lies of the laudatory cast shall these too be put upon

the list of offences? shall these be put thus as it were on the same level with

defamation? No surely: if the purpose and tendency of them were out of the question,

assuredly not: under the familiar name of white lies, or any other they might be left

to the comparatively light rod of the moral censor. But the mischief here in question

is the choice of a representative less apt, instead of a representative more apt, the

choice of a wrong person instead of the right one /a wrong choice made/. Now this

effect the undesirableness of which is not exposed to denial may it not be produced

by a groundlessly favourable opinion of one of two rival candidates, as by a

groundlessly unfavourable opinion entertained of the other? Unquestionably.
Similar Items
  • 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.
  • Title: [1818 May 14 Parl Reform Bill]
    Description: 1818 May 14

    Parl Reform Bill

    ult o Text?

    VIII Penal Securities

     N.B. Electioneering Defamation involves in it the Definition of a libel of the

    Defamatory species

    Modes of simple falshood continued

    Falshood tending to produce Miselection

    Electioneering falshood is 1. Electioneering defamation. 2. Electioneering

    mendacious /false/ laudation. 3. Miscellaneous Electioneering mendacity /falshood/ to

    the

    any other species of false report false report to any other effect having for its

    object the diminishing or encreasing the probability of success on the part of a

    proposed Member or of any person in contemplation of his being proposed as a

    Member.
  • Title: [1818 May 15 Parl. Reform Bill]
    Description: 1818 May 15

    Parl. Reform Bill

    Reasons

    VIII Penal Securities

    1

    Penal Securities. Presenting to view on this occasion any

    system of provisions which under this head can be stated as any thing like complete,

    is unfortunately what the nature of the case does not admitt of. To do so would

    require the touching /writing[?]/ /operating/ upon topics which extend over the whole

    field of penal /the penal branch of/ law: and how ill the room necessary for such an

    operation can /could/ here be spared is abundantly /sufficiently/ evident.

    What on this occasion a man can not but wish is – to comprehend {within the

    operation of the penal part of the number[?] afforded} the offence of whatever

    /every/ description by which the evils here in question, viz Miselection,

    Non-Election and Null-Election are liable to be produced. But to the accompaniment of

    this object two insuperable difficulties present themselves.

    The One is that which regards the distinction for the expression of which, in the

    language of the law the words principal and accessory are

    in use among lawyers in the language of the law

    The other is that which regards the subject of Electioneering

    lies

    For the making any thing like an adequate provision relative to /under/ the first of

    these heads, the language is altogether inadequate /in use wants much of being

    adequate/. The conceptions entertained on the subject are to a great extent

    indistinct and inadequate /unsettled/: and when such is the case with the conceptions

    themselves such can not but be the case with the language employed in giving

    expression to them.