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1822 July 21
Compleat. Code
55 or 1.
Of private defamation the evil is manifest: but under it lies unreceived good.
1 Defamation imputation false and mendacious effects of the 1 st. order are less evil than where it is true: a man suffers from the imputation, where groundless than when true.
2. The effect of the 2 d. 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 would find it more convenient to impute guilt where it existed when where it did not.
56 or 2.
Note that currency knowingly given to imputations known to be groundless if 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 supposed for the more effectual suppositions 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, though of course will be the marks of uneasiness and the desire to effect suppression and excite vengeance.
59 or 5.
Vexation in case of not guiltiness are 1.Fear of loss of reputation 2. Expence of time and labour in calling on the calumniator for proofs. 3. D o., by eventual defence, by a counter argument, with or without counter evidence.
For comfort, consciousness of innocence: thence assurances 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 assurances of ultimate condemnation.
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