1822 Nov 26

Tripoli. Securities against Misrule

5o

Preliminary Explanations

?.2. Remedy, Publicity

Public Opinion Tribunal

Thus much as to the disease; now as to the remedy: of the two only possible remedies which the nature of the case /disease/ admitts of, the only one that belongs to the present purpose. For conveying a general idea of this remedy, a single word publicity may in some sort /for the moment/ serve: but before the nature and operation of it can be conceived with any tolerable degree of distinctness and clearness, considerable explanation will unavoidably be necessary.

Publicity? - but to what acts applied? Answer. In the first place to the acts of rulers; in the next place to the opinions formed in relation to them by subjects: publicity of /to/ the acts, knowledge of the acts being necessary to the existence of the opinions

The existence of such publicity being supposed, and the degree of it perfect, in what way does it contribute to the object /effect/ in question, namely the affording security against misrule? Answer Be the government /acts of the governors/ ever so arbitrary, the subject many /subjects/ in proportion as they conceive /form/ and make public their respective opinions in relation to them, act in so far in the character of Judges: of Judges sitting in judgment over the conduct, and in this way /thus far/ exercising rule over the rulers themselves.

Exercising in any way rule over their rulers how then is it that they can remain subjects? Answer. In the way of direct mandate and irresistible /coercive/ power, no: in no such way can they give direction to the conduct of these same rulers. Not so in the way of indirect and gentle power, or in one word influence: for in this same way do even children, at an age in which nature places them under the absolute dominion of their parents, operate on and give direction to the conduct of those same parents. But the particular way in which the effect is brought about, may call /will call presently/ for further explanation.
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    The here proposed system of arrangements has for its object, as the title imports the applying, to such of the evils as are most apt to be produced by the immediate agency of the Monarch or those in authority under him, such remedies as present the least unpromising chance of obtaining the application of them at his hands.

    One word - misrule - will serve for conveying a general conception of the disease: another word, - publicity, for conveying the like conception of the remedy:- the only remedy (it will be seen) which without a change in the form of the government, the nature of the disease admitts of.

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    Note that to the simplify the conception, the direction taken by the suffrages in question is on this occasion supposed to be in the instance of every one of them the same. But as by the supposition the subject of these suffrages is in every instance some act of oppression, exercised by the Sovereign on individuals, there is nothing in this supposition in any considerable degree forced and likely to be wide of the truth /that seems likely to be in any very considerable degree wide of the truth./
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    Publicity its extent is as the number whose cognizance the matter has [...?].

    1. Subjects of or for notification and thence publicity and thence for

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    something having or designed to have the authority of law 1. In the first place

    come the several ordinances, of which misrule, in each of the several shapes

    against which a security is by this system endeavoured to be provided will have

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