date

[clx. 347] 1822 July 12 Constitut
[clx. 347]

1822 July 12

Constitut. Code Rationale

Securities Counterforce

4. Legal

5. Moral

Evidence etc necessity of

Defamation necessity of

To save himself from being restrained in the commission of one evil act he renders himself an accomplice in /accessary to/ all others

Of every such indication - and of every such comment - the effect or tendency is defamation: defamation with reference to the party to whom the alleged pernicious act whatsoever it be is thereby imputed. To oppose defamation as such to oppose without exception or discrimination every act to which the term defamation can with propriety be applied is to act as an accomplice to all crimes as an instrument of all mischief of all misery, as above

Every such act is therefore a virtual confession of such complicity: of such hostility to the happiness of the greatest number

In the sinister interest by which they are engaged /led/ in the endeavour to effect such suppression, functionaries engaged in giving execution and effect to the acts of a bad government and functionaries engaged in misdeeds for their own benefit in disobedience to the good acts of a good government are naturally joined by individuals concerned or meaning to be concerned in such pernicious acts to the repression of which the power of the legal sanction is not applicable.

Proportioned every where to the hostility of the form of government and of the practice under it to the greatest happiness of the greatest number will of course be the exertions made by the Governors to deprive the governed of this security to keep the governed for ever deprived of this their only security: the only security which the nature of the case admitts of.

To profess to be a supporter either of good government or of good morals and at the same time to profess to be desirous of seeing defamation suppressed or even restricted in the /a/ case in which the imputation conveyed by it is true, is little less than a contradiction in terms: put the two branches of it together the desire is a desire to see the same thing be and not be at the same place and the same time - a desire that the same thing shall and shall not have place at the same time.
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    Evidence brings to view the individual not in question with the circumstances on which its effects, good and bad, on community's happiness depends.

    Comment, indication correct or incorrect, of the supposed or alledged effects of do. on do.: with or without the probability of the supposed act, and the supposed agent's supposed part in it.

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    28. Proportioned to the hostility of the form of government and the practise │   │ to the greatest happiness are the exertions of course made by the Governors to deprive the governed of this security

    29. In these endeavours, on the part of those whose power constitutes the legal sanction, to suppress the sole security against the abuses which to them are benefits, they are naturally joined by all others, who, having committed, or having it in contemplation to committ misdeeds in any shape, punishable, as such, by either sanction, fear appropriate evidence and comment.

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  • Title: [[clx. 345] 1822 July 12 Constitut]
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    The less the quantity /mass/ of counterforce which in his endeavours to promote his particular interest at the expence of the universal interest a public functionary finds /feels/ opposed to him in other shapes, the greater the need there is of its being opposed to him in this shape /his finding something opposed to such his endeavours/. Monarchy an absolute Monarchy is therefore the sort of government in which there is the greatest need of it the need of it is most pressing, and in which accordingly if in a Monarchy the end of government was the greatest happiness of the greatest number, would be established with the greatest alacrity /promptitude/, and supported /maintained/ with the most anxious care. But in a Monarchy in general, and of Monarchies an absolute one in particular is that form of government it is not possible that the greatest happiness of the greatest number ever should have been or ever should be the end of government in which it is not possible that the end of government should ever have been or ever be any other than the greatest happiness of that one with or without some comparatively small number of sharers. Accordingly in every Monarchy not the maintenance but the suppression of this same prime security to good government and good morals has been the object of the most anxious and uninterrupted care

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    This indirect mode of corruption by garbling is not altogether so mischievous as either of the two others. Of the matters kept from publication no such individual selection can be made as in the other case. Still however selection /separation/ in no small degree mischievous can be made and is made. For particulars and examples see the case of England.

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