1822 Dec. 13

Tripoli. Securities against Misrule

7o

Preliminary Explanations

?.2. Remedy

Publ. Opin

?.3. II Functions or Operations of unofficial

?. Functions or Operations of the Supreme Unofficial compared with those of the Official Judicatories.

The several operations contained /included/ in this part of the business of one English Newspaper being thus taken as and for a specimen or sample of the functions of a Sub-Committee of the Public Opinion Tribunal, let us see in what way the mode in which these several functions are there performed by it agrees with, and in what way it differs from, the mode in which those same functions are most commonly performed in and by an Official Judicatory.

To the present purpose the list of them may be /they may be enumerated/ as follows -

1. Receiving claims and accusations

2 Receiving oppositions and defences.

3. Receiving, compelling, collecting and storing evidence.

4. Receiving, and hearing or reading arguments of parties, litigants or advocates.

5. Forming opinions or judgments on do.: with correspondent will.

6. Giving expression to such judgments and will.

7. Giving impression to such expression.

8. Giving diffusion to such impression

9 Giving execution and effect to such judgment and will.

Distinct in themselves are all these several operations and in and by the ordinary Judicatories, who have at their disposal the time of other men as well as their own time at their disposal, as well as the channels of communication at command, they are performed at different times and in regular order /succession/, as above displayed.

In and by the Public Opinion Tribunal, the Members /a Member/ of it not having, generally speaking, either the /any/ channel of communication or the time of any other person at his command, the /these several/ operations can not respectively be performed but as opportunity /occasion/ offers; and when opportunity /occasion/ does offer, it must be made the most of, and the several operations, all of them, or as many as can to advantage be performed, be performed at once.
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  • Title: [1822 Dec. 9 Tripoli. Securities against]
    Description: 1822 Dec. 9

    Tripoli. Securities against Misrule

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    Preliminary Explanations

    ?.2. Remedy Publicity

    Publ. Opin. Tribunal

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    As to the Operations or /called/ functions they may be thus enumerated

    1. Receiving claims and accusations: claims referring to what is called the civil-branch i.e. the non-penal branch of judicature; accusations, to the penal.

    2. Receiving oppositions and defences: oppositions, to claims; defences against accusations.

    3. Receiving, compelling, collecting, and storing evidence: viz. in support of the claims and the oppositions as well as claims, of defences as well as accusations.

    4. Hearing or reading arguments or say reasons of parties or advocates or both.

    5. Forming on each occasion an opinion or say a judgment, with the /a/ correspondent will

    6. Giving expression to such judgment and will

    7. Giving execution and effect to such judgment and will

    Amongst different judicatories it is evident may these functions in various ways be distributed. But to the attainment of the ends of justice the exercise of them all is necessary it is necessary that some persons or other in some way or other they should be all performed

    Attatched to /[...?] in some way or other in the string of/ these essential operations may be other incidental ones such as citations, applications for delay, and so forth. But to the catalogue of essential ones it will be found that these belong and that there are no others that do belong to the catalogue of essential ones.
  • Title: [1822 Decr. 13 Tripoli. Securities against]
    Description: 1822 Decr. 13 Tripoli. Securities against Misrule. 7o Preliminary Explanations

    ?.2 Remedy Publicity Publ. Opin Tribunal ?.3. Functions compared

    7 and 8. From the Newspaper Editor the aggregate of this mixt mass of evidence

    and argument together with the accompanying as preliminary matter as above and

    the expression given to the judgment and will as above receives of course

    impression and diffusion in the way of his business. Here then the several

    functions of giving impression and diffusion to the expression given to the

    judgment and will in question and to the expression given to them stand

    exemplified.

    Here state the supreme utility and efficiency as compared with practice of

    Ordinary Judicatories

    9. In ways and by members of this same unofficial judicatory in a number

    altogether out of the reach not only of enumeration /general perception/ but of

    calculation execution and effect will naturally, and as it were of course be

    given to the /a/ judgment [...?] in question, namely by the consequent will, and

    ill offices - positive and negative - as above. Here then the function of giving

    effect and execution to the opinion or say the judgment in question stands

    exemplified.
  • Title: [1822 Decr. 13 Tripoli. Securities]
    Description: 1822 Decr. 13

    Tripoli. Securities against Misrule

    7o

    Preliminary Explanations

    ?2 Remedy Publicity

    Publ Opin Tribunal

    ?.3. Functions compared

    of All the other classes the infuence [...?] into insignificance

    These unofficial if equally well

    informed of facts would be better

    judges than the official functionaries,

    viz as being more [...? ...? ...?] thought.

    From a review of the above several functions or operations may be formed a deduction of no mean /small/ practical importance /use./ /moment/. This is the /[...?]/ prodigious importance /magnitude/ absolute and comparative of the situation /profession/ and functions of this President and leading member of so many Sub Committees of this not the less supreme and all-comprehensive /embracing/ because unofficial judicatory: the importance in an absolute and more particularly in a comparative point of view: comparison had with all other members of all other and whatsoever classes, as abovementioned

    Next to him in the order of importance comes the author of this or that work of a publication on publications of works belonging to this or that department in the field of politics - of that vast field the whole of which lies with his domain and is every day coming under the survey of this unofficial functionary /all-embracing superintendent/.