Representative British Orations Volume 2 (of 4): With Introductions and Explanatory Notes
History
Representative British Orations Volume 2 (of 4): With Introductions and Explanatory Notes
Speeches, addresses, etc., English
In these extraordinary circumstances, I repeat that I must consider
this as the first of a long series of conflicts between the greatest
power in the world and the only free press remaining in Europe. And
I trust that you will consider yourselves as the advanced guard
of liberty, as having this day to fight the first battle of free
discussion against the most formidable enemy that it ever encountered.
You will therefore excuse me, if, on so important an occasion, I remind
you, at more length than is usual, of those general principles of law
and policy on this subject which have been handed down to us by our
ancestors.
III. Those who slowly built up the fabric of our laws never attempted
any thing so absurd as to define, by any precise rule, the obscure and
shifting boundaries which divide libel from history or discussion.
It is a subject which, from its nature, admits neither rules nor
definitions. The same words may be perfectly innocent in one case, and
most mischievous and libellous in another. A change of circumstances,
often apparently slight, is sufficient to make the whole difference.
These changes, which may be as numerous as the variety of human
intentions and conditions, can never be foreseen nor comprehended under
any legal definitions, and the framers of our law have never attempted
to subject them to such definitions. They left such ridiculous attempts
to those who call themselves philosophers, but who have, in fact,
proved themselves most grossly and stupidly ignorant of that philosophy
which is conversant with human affairs.
The principles of the law of England on the subject of political libel
are few and simple, and they are necessarily so broad, that, without
a habitually mild administration of justice, they might encroach
materially on the liberty of political discussion. Every publication
which is intended to vilify either our own government or the government
of any foreign state in amity with this kingdom, is, by the law of
England, a libel.
Public-domain text, read in full here on John Shaqi.
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