[clx. 361]

1822 July 25

Constitut. Code Rationale

Securities

5 Moral Counterforce

Public Opinion Tribunal

Evidence etc

A circumstance which has a natural tendency to provoke falshood and through falshood, injury evil to the prejudice of the government by which the restraint /restriction/ is imposed, is the resentment which the restriction itself imposes: a resentment than which nothing can in any case be better grounded or more just. Where oppression is exercised and there is no other remedy, no other defence against it is afforded by the nature of the case, falshood if not justifiable is at any rate comparatively excusable. Of every such restriction the effect and object is to secure efficiency and impunity to oppression and depredation: to oppression in every shape, the worst shapes imaginable not excepted. From no course that can be taken by the endeavour to put an end to such an instrument of oppression can any evil be produced comparable /equal/ to the evil included /produced/ by the application of this instrument of oppression, if the application be effective.

To the encountering of such endeavours by appropriate falshood the grand objection is /are in general/ that it will be unnecessary /needless/: for seldom are they emplyed but for the purpose of concealing enormities, the correct statement of which would suffice for the infamizing of the rulers /oppressors/ without the addition of any thing that is not true: and that, in proportion as the falshood comes to be discovered, the discovery casts reproach upon the heads of those concerned in the propagation of it, and discredit upon such reproachful imputations as are true.

2. Another objection is that by one falshood /false report/ detected and brought home to the author or any person concerned in the dissemination of it, while conscious of the falshood his own reputation is /may be/ so damaged, that from his mouth or pen what is true will not be taken for such.