date

[clx. 353] 1822 July 15 Constitut
[clx. 353]

1822 July 15

Constitut Code Rationale

Securities Counterforce

4. Legal

5. Moral responsibility

Evidence etc its necessity

In regard to the net amount of the benefit of which this counterforce is capable of being the instrument, for lessening the net amount of it, by operations applying /applied/ to the mass /stock/ of information and the channels of conveyance through which, as above, it has to pass, for lessening the net amount of this benefit, the nature of the case affords two expedients or courses of action /policy/. The One consists in the blocking up of the channels, and thus /thereby/ stopping in the whole or in part the current of information that would otherwise make its way through them to the eyes and ears of the public - of the members of the community taken in the aggregate. The other consists in rendering in a greater or less quantity and degree corrupt and delusive the stock of information which comes so received: the one system may be stiled the obstructive /blockading/ system or the obstructive policy the other, the corruptive. The obstructive operates by the simple diminution /substraction/ of the quantity of such information as being correct, is at the same time usefully instructive. The corruptive operates by the addition of a mass of information in itself false and designed to be fallacious. /deceptious./ And note /Note here/ that by substraction, deception may be produced as well as by corruption. To this purpose all that is necessary may be /what may happen to be sufficient is/ to render partial the stock which is suffered to pass on /passes on/: partial that is to say in the bad sense of the word in which it means conducive to deception /being the sense in which it is used when subservient to injustice/: that which would operate /is regarded as operating/ against the side meant to be favoured by the deceit being stopped, while that which is regarded as operating in favor of it is suffered to pass on.
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    41. Channels through which, almost exclusively, this counterforce is supplied, are -

    1. Press at large.

    2. Periodical Press.

    To all virtue, to all happiness, does every man render himself an enemy, who contributes to lessen the net mass of benefit in relation to which they are channels of conveyance.

    42. Means of lessening net benefit of Public Opinion Tribunal - its stock and channels of information included.

    1. Blockading the channels.

    2. Corrupting the information.

    Say blockading and corrupting systems.

    43. Blockading acts, by substraction: corrupting by addition.

    But by substraction also, if partial, viz. in the sense in which partiality is injustice, corruption, thence deception may be effected: viz. by stopping what is supposed favorable to one side, while do. to the other is passed on.

    44. Modes of blockading.

    1. Licensing System.

    2. Prosecution System.

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    1. Prohibition applied to every thing.

    2. Permission applied to some things.

    45. Disadvantages of simply prohibitive and punitive compared with licensing system.

    1. Operation weak: effect uncertain.

    Licensing employs in the first instance physical force: say seizing the impression of the work. Thus it operates on body: also on mind: viz. by intimidation: say fear of loss, by future similar works if prepared for publication: stopping the publication of one work already written, it prevents writing of unanswerable ones of the like tendency. The fear it employs, is the fear of uncompensated loss of time, labour, and expence.

    3. It makes known to the whole community the evil it tries to produce in the shape of suppression of good: and this excites odium: licensing conceals it from every eye.

    46. 4. The punishment, which it seeks to inflict, it holds up to view, and thus too excites odium. So, by the vexation and expence of prosecutions: in these, even the prosecutor shares.

    By licensing, this special odium, as well as the vexation and expence is avoided.

    47. By prosecution, punishment is employed, to produce the effect of prohibition.

    1. If at Common Law, the subject is fictitious: as to the act, for which the punishment is sought to be inflicted, there has been none: as to future contingent similar ones, each man is left to imagine a prohibition, from the case in which he sees the punishment applied: i.e. by comparison of his contemplated work with the punished do.
  • Title: [[clx. 352] 1822 July 14 Constitut]
    Description: [clx. 352]

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    Of the channels through which, if at all information in both its shapes as above, must find its way to the public ear /eye/ and the public eye /ear/ beyond all comparison the most ample and efficient are those in the designation of which the collective term the press is commonly employed: and of these again the most ample and efficient are those for the designation of which the collective term the periodical press is employed. Every act by which the net mass of benefit derivable through these channels is lessened or endeavoured to be lessened is of the number of those by which the agent /actor/ is rendered as above the /an/ enemy to all mankind to all happiness to all virtue to all mankind.

    There are two modes by which this enmity has the capacity and is in the habit of exerting /exercising/ /exerting/ itself: the one is by corrupting /poisoning/ these same channels; the other is by lessening the aggregate calibre of them by blocking them up.

    The poisoning plan is carried on by keeping the information on one side suppressed, while passage to information on the other side is left free. In this mode it is by the setting of licensers over the press that the mischief is affected Under this mode again are comprized two specific modes: one consists in preventing as it were by physical means the issuing forth of the /such[?]/ obnoxious /apprehended/ information, the other consists in the punishing those by whom any such information has already been issued forth, and thereby /thus/ by intimidation preventing the issuing the like in future. The former mode is pursued by the establishment of a Censorial or Licensing Office; the other establishment of a system of judicial prosecution for the acts on which the denomination and to the agent the effects of criminality /crime/ are thus attached.
  • Title: [[xxxviii. 27] 1822 July 15.]
    Description: [xxxviii. 27]

    1822 July 15.

    Constitut. Code Rationale

    Securities

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    48. If at Statute Law, the subject of the prohibition has been described: thence, the case in which punishment will be applied.

    49. By taxation may be produced in some sort the effect of corruption as well as of obstruction. By taxation, works that can not pay the tax stand prohibited: those that can and do permitted. Hence, the information is corruptly partial to the detriment of the comparatively poor: information that seeks to deceive them is poured in upon them: information that seeks to afford them useful instruction, is kept out of their sight.

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    ( Here give them)