date

1822 Sept. 27 Tripoli - Securities
1822 Sept. 27

Tripoli - Securities against Misrule

20

Preliminary Explanations

?. Remedy, not inoperative.

The shapes in which vexation is here endeavoured to be combated combated by arrangements applied to it in each particular shape - are not all the shapes in which the evil is capable of shewing itself nor yet all those in which it is wont to shew itself. For against these, thus taken in the aggregate, security more or less effectual is already in every country taken and must therefore in the country in question, be on the present occasion supposed already provided, by the existing laws. The only vexations belonging to the present purpose are those which on those over whom power is exercised are in a more particular manner liable to be inflicted by those by whom that same power is possessed. Meantime these being the same persons, at whose disposal every thing is that bears the name of law has been placed or left, to seek to afford by means /by making in the shape/ of new laws /laws/ security against those at whose disposal those laws will be when made is an enterprize which, to a first view can scarcely fail to wear the face of absurdity: as well (may it be said) as well seek to obtain security against the attacks of an armed man, by means of other arms placed in that same man's hands. Such (it must be confessed) would be the absurdity if it were necessary that the armour in the manufacturing of which he will /must/ be requested to concurr, should be armour of the offensive kind, or even of the effectually defensive kind, and that intended to be in any manner employed against himself. But on his part this conception is not a necessary, nor altogether certain one. Against depredation and oppression from which he himself derives in any shape any benefit - against depredation and oppression exercised only by and for the benefit of the rich in general or even his own instruments and other subordinates in particular - it may happen to him not to have any strong or determinate reluctance to see a tolerably effectual security provided: and as against any oppression which it is, or may come /at any time come/ to be his pleasure to exercise, what may happen is - that it will not be very plainly visible to him how it is possible that any supposed security can in reality be efficacious. But more of this when the proposed remedy together with the evil in all its shapes have been distinctly brought to view.
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  • Title: [1822 Sept. 25 Tripoli Securities against]
    Description: 1822 Sept. 25

    Tripoli Securities against Misrule

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    ?.10. Analytical view

    ?.10 Heads under which the Securities may be ranged

    The way may now perhaps be found sufficiently prepared for a list of the several shapes in which the evil - oppression is liable to operate. The provision of detail by which the remedy is endeavoured to be applied will follow under these several heads when the nature and use of the remedy have been explained. Meantime, by a short distinction however the nature of them will in some instances be rendered the more distinctly visible. Oppression may accordingly be distinguished into primary and persevering into that which is in its original state, and that which is in a more matured and rooted state: in the one case it may be stiled simple oppression; in the other case ultra-oppression

    Modes of Oppression against which security is here endeavoured to be provided are as follows -

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    2. Secret Confinement, viz of the person of an individual: confinement, namely within the walls of a prison, or within any other less narrow space.

    3. Secret Banishment: i.e. by forcible exportation or in any other way exclusion of an individual from the whole of the dominion of the state in question, or from this or that part of it.

    4. Secret Homicide.(a)

    5. Mysterious disappearance: namely disappearance of an individual from a cause as yet unknown: it may be any of the above three - confinement, banishment, or death.

    Note(a)

    (a)Against vexation in all these three shapes provision is of course already made in the existing system of law whatever it may be, and, the vexatious act being made punishable, secresy is of course an accompaniment endeavoured to be given to it. But when hands by which the injury is inflicted are of the number of those which are armed with power, that power extends to the giving to the whole operation a degree of secresy beyond any which could be given to it by ordinary and powerless hands and for the maintenance of secresy, even where power is irresistible the avoidance of odium affords commonly an adequate inducement. By the arrangements proposed under these heads secresy will be found combated by instruments of elucidation of which none are every where in use and of which some are not any where as yet in use.
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  • Title: [1822 Sept 27 Tripoli. Securities against]
    Description: 1822 Sept 27

    Tripoli. Securities against Misrule.

    Preliminary Explanations

    ?.4. Misrule its authors

    Considered in its application to assignable individuals, misrule may be termed vexation: the persons considered as the authors of it being persons clothed with power, the vexation may be termed oppression In so far as from the burthen thus imposed, benefit in any shape is received by the authors, or by any whom they are in this way disposed to favour, the oppression is depredation.

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