1818 June 18

Parl. Reform Bill

Abregé

VIII Penal Securities

4

Opposite in one point of view /in its own nature/, but alike capable of being in its

ulterior effects productive of the evil in question, viz. Miselection is the false

and deceptious magnification: to /on a particular score specified or individualized:

viz. when to the person in question is ascribed some individual act which if done by

him would have been meritorious but where to either was wholly […?] or was an act in

which he had no part. To/ the individual thus unduly characterized /of whose

character the false description is given/, no injury, it is true, is done: but to the

public in the first place, and in the next place to the more worthy rival the injury

done in this case is exactly as great, as in the case of defamation. If when criminal

consciousness has place, the one ought to be punished, neither ought /should/ the

other, where the falshood has for its effect or intent[?] /design/ the production of

public evil in this shape, go unpunished.

On this occasion as on others carefully distinguished from defamation ought vituperation to be: by defamation misconduct either in an

individual shape or at any rate in a specific shape as designated by the name of such

crime or crimes[?] or some action by which the agent is rendered an object of general

contempt or hatred, is imputed. By vituperation no such particular imputation is

conveyed. A sentiment of […?] or disapprobation being expressed, but without any

specific ground for it, whatsoever evil, if any may be the result is scarcely more

apt to attach upon the individual by whom it is uttered /levelled/. Opposite to

ungrounded vituperation is ungrounded eulogy or laudation. Of each the force and tendency may be /is capable

of being/ counteracted by the other: they do not, either of them on this occasion any

more than on any other appear to present a demand for penal visitation. Be it what it

may, punishment where needless is much worse than useless.