1820. Octr. 13 Spanish liberticide measures 4 §. 2. Press violation Reasons

against libel law

Any such liberty It may be said, and has been said is unnecessary. For that in

the case of inaptitude through delinquency, the delinquency will, on the part of

some portion of the body of public functionaries those who will be able willing

and ready to perform their respective parts towards the opposing to the

delinquency /repressive/ measures of repression, in the shape of punishment in

so far as needful, and in all other needful shapes: and that as to inaptitude

clear of delinquency, either it will not have place it will have place only for

a short time, at the end of which it will in some way or other be removed.

To this again the answers are {short} {plain} and conclusive.

I. First as to inaptitude as evidenced by delinquency. 1. In the first place

there can not under any Monarchy be any such necessary concurrence. In the next

place, if there could be and were it could neither /could it/ be equally

effectual nor could the remedy applied by it be applied at so cheap a rate.

II. So likewise in the case of inaptitude clear of delinquency. 1. In the case of

inaptitude as evidenced by delinquency. 1. In the case /situation/ of rulers in

chief – rulers who see none above them in the scale of power, none capable of

operating upon them by means of punishment or any other repressive instrument of

repression the absurdity of any such expectation is palpable. A man will not

concurr in imposing pain /evil/ /suffering/ in the shape of punishment or any

other repressive shape on himself. The supposition is a self contradictory one.

2. In the case /situation/ of any functionary subordinate to them, the case is

still the same. If there is misrule it is by the will and for the benefit of the

rulers in chief that it has place. If it be to their own prejudice /the

prejudice of those same rulers/ that the transgression committed by the

subordinate has been committed, yes in that case they will be ready enough to

punish for it: but if it be not to their prejudice, if it be only to the

prejudice of the people at large, they will not meddle /interfere/ with it: much

less if they themselves be in any degree participators in the profit which in

any shape is looked for from the offence.