[xxxviii. 28]

1822 July 21

Constitut. Code Rationale

Securities

Moral Counterforce

Public Opinion Tribunal

Evidence and Comments

? Defamation no grounds

for suppression

55 or 1. Of private defamation the evil is manifest: but under it lies unperceived good.

1. Defamation imputation false and mendacious effects of the 1st. order are less evil than where it is true: a man suffers less from the imputation, when groundless than when true.

2. The effect of the 2d. order are all good: viz. danger and belief of danger on the part of men under temptation to do the evil thus falsely imputed.

What no one can fail to see is that by being guilty a man is more exposed to the imputation than if not guilty

Inducements equal in both cases, no defamer but could find it more convenient to impute guilt where it existed than where it did not.

56 or 2. Note that currency knowingly given to imputations known to be groundless is justifiable: or antipathy to the imputer ill grounded: or the punishing of him, on sufficient proof, improper.

57 or 3. All that is meant is imputations, grounded and ungrounded together, ought not to be suppressed for the more effectual suppression of ungrounded ones.

The Public Tribunal should not be suppressed for the mere suppression of the false information conveyed to it.

58 or 4. Suffering being greater where a man is guilty than where not, stronger of course will be the marks of uneasiness and the desire to effect suppression and exercise vengeance.

59 or 5. Vexation in case of non-guiltiness are

1. Fear of loss of reputation.

2. Expence of time and labour in calling on the calumniator for proofs.

3. Do. by eventual defence, by a counter argument, with or without counter evidence.

For comfort, consciousness of innocence: thence assurance of ultimate acquittal.

60 or 6. Vexation in case of guiltiness.

1. Fear of loss of reputation much greater.

2. Expence of time and labour in the endeavour to exhibit counter argument with or without counter evidence, accompanied with fainter hope, or saved by despair of success.

Discomfort, consciousness of guilt: thence assurance of ultimate condemnation.