1821 April 29

Needless continued

Constitution

Penal Law

Under an absolute Monarchy, any discourse of a nature otherwise than agreeable to the Monarch, (or any of those by whom execution and effect is given to his will,) is, if uttered by word of mouth in the hearing of any other person, a seditious discourse: if committed to print or writing, a seditious libel: such of course is the character of every discourse by which intimation is given, that in this or that particular, still more if in general, the system pursued, or the conduct of those who act under it, might if different from what it is, be better than what it is -

Under a limited Monarchy the case, is in these respects the same,

Under a Representative Democracy suppose conspiracy not impossible - suppose it not groundless - still there could be no need of it. Under a Representative Democracy, individuals in any numbers, may in any place, at any times, meet and say and here /hear/ whatsoever, (whether in relation to the system pursued or in relation to the conduct of those who act under it), is agreeable to the respective speakers, to whatsoever degree it may be otherwise than agreeable to the hearers, or to their common rulers. Be the purpo/rt/se of what is thus said what it may, the speaking of it will not be seditious speaking: written or printed, unpublished or published, a paper in which it is contained, will not be a seditious libel. Suppose a proposition made for killing, or beating a Judge, a Governor, a President: for pulling down or plundering his house, a proposition to any such effect if followed by any correspondent endeavour will be an offence against person or property as the case may be and punishable as such: for a Judge, a Governor, a President is an individual: But in neither case would it be either true /lese/ Majesty humain[?] or /divine or human or/ so much as sedition: at any rate, if by the Legislature of any such state, the Judge, was suffered to punish it as such, it would be in humble imitation of an original, by the imitation of which on any one occasion, they ought to be covered with shame.