1821 Oct. 1

To Toreno

2 o or 3 o

Letter IV

Religion

Censorship

29

3

4

3

Admitting /Now suppose/ that the expedient of Censorship and Licensing must here be employed, now as to the mode of it. The Constitutional Code under the head of the power given to the King in Article 171 Para 15 Gives in a direct way to the King, in relation to Decrees of Councils and Bulls of Popes, the power of licensing or keeping back those instruments with the advice of the Council of State in some cases and the supreme Judicatory in other cases. Here we have an example of licensing in the direct mode: and this is the only mode employed in the Constitutional Code.

Now for an example of licensing in an indirect mode: an indirect mode /course/ employed and for ought I know invented by the Legislative Committee.

Their course /mode/ is to leave to all persons at whose hands they are apprehensive of annoyance in the mode in question namely by mischievous writings, the liberty of publishing them. But no sooner are they published, than if there be any thing mischievous in them, it is made the duty of some temporal functionary his duty under severe penalties to call them in and do what depends upon him for preventing the dissemination of them.

This is what in an English proverb is called shutting /waiting to shut/ the stable door till after the steed is stolen. The temporal functionary is bound to stop /put a stop to/ the mischief done /produced/ by the spiritual functionary. But at what time? Not till after to an indefinite amount the mischief which it is thus endeavoured to prevent has been produced.