date

1822 Decr. 13 Tripoli - Securities
1822 Decr. 13

Tripoli - Securities against Misrule

7o

Preliminary Explanations

?.2. Remedy Publicity

Publ. Opin. Tribunal

?.3 Functions compared

Follow, under the above several heads, a few observations, having for their object the bringing to view the principal points of agreement and difference beween the one sort of judicatory and the other.

1. Receiving accusations. Note that, in the case of a claim conception not being quite so simple, it may on the present occasion /for the purpose of the present exemplification/ be put aside. In the Newspaper in question an allegation is made of misconduct /misdoing/ in a certain shape as having had place on the part of a certain functionary or set of functionaries: the accuser whether the Editor himself or a correspondent makes to this purpose no difference. Here may be seen an instrument of accusation received, and here may be seen an exemplification of it. /the function of receiving accusations stands exemplified./

2. Receiving defences. for /Of/ the exemplification given /made/ of the exercise of this function indication will be given /made/ presently.

3. On this same occasion a correspondent mentions /makes mention/ perhaps /of/ this or that particular as having fallen within his own knowledge: for the security of Editor and Printer the name though not signed, having or not having been privately communicated. Here the function of reception of this piece[?] of evidence and, at the same time, that of the impression and /of it, and that of the/ diffusion of it stand exemplified.

At the same time whether directly by means of appropriate and direct questions, or at any rate indirectly and virtually, by means of positive /affirmative/ /apposite/ allegations as above, the party accused is called upon either to confess the /act/ thus indicated act with the /its/ inculpative circumstances, and at the same time thus directly or virtually to confess the impropriety /culpability/ of it, or to deny the act or some essential inculpative circumstance or circumstances belonging to it, or admitting what is above to argue in justification of the act.

The next day or the next but one suppose, the party thus called, argues suppose in justification of the act; but at the same time either directly avows the having performed /done/ it or by his silence or the turn given to his argument virtually admitts it. Here the function of compelling evidence stands exemplified.
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  • 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

    On the former day, intimation was /is/ moreover given, of certain other persons, as having been percipient witnesses of the act or this or that inculpative circumstance belonging to it, and as being thereby rendered capable, if so disposed, of becoming /rendering themselves/ in relation thereto reporting narrating or say deposing witnesses Here a commencement of the function of collecting evidence stands exemplified.

    Purchasers, in number more or less considerable, being in the habit of filing and preserving the numbers of the Newspaper in question as they come out, here the function of keeping in store in a word of storing the stock of evidence in question stands exemplified.

    4. With the evidence thus received, compelled, collected and kept in store, are commonly at the same time mixt up and thus received and kept in store, in some proportion or other, matter on both sides bearing the character of argument: argument having for object the bringing to view either the probability or improbability of the alledged act or of the alledged inculpative circumstances, or the impropriety or propriety of it, or both together: each party by or with the argument he delivers, directly or virtually calling for counter argument on the other side. Here then the function of receiving arguments at the hands of parties litigant or their advocates, or both, stands exemplified. The function of reading or hearing these /the/ arguments this mass of argument together with the correspondent mass of evidence is in this case left to the purchasers and other readers or hearers of the Newspaper, each one exercising it for himself, or his associates /this or that associate of his/.
  • 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 against]
    Description: 1822 Decr. 13 Tripoli. Securities against Misrule 7o Preliminary Explanations

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

    5. and 6. On receipt /Having received/ from his correspondent the

    above-mentioned letter and thereupon the several other masses of evidence and

    argument above-mentioned, the Editor in the course of the controversy forms and

    declares some opinion or say judgment of his own, provisional or definitive, in

    favour of the accusing or the defending side. Here the functions of forming and

    that of giving expression to such opinion and judgment stand exemplified.

    The judgment suppose is a judgment declaring conviction, and passing sentence of

    condemnation on the party so accused. But in such judgment and sentence of

    condemnation is included an opinion that the by the party thus condemned a

    disreputable act has been committed an act whereby he will be lowered

    /depressed/ in the estimation of other members of this same unofficial

    judicatory in an indeterminable and incalculable number: in consequence of which

    depression he will naturally in the natural course of things be deprived in some

    sort and proportion or other of their good offices, and upon occasion even be

    exposed in some sort or proportion to positive ill offices at their hands: and

    in such judgment is naturally at least if not necessarily and virtually included

    the declaration of a will or say a desire that such shall /should/ be the

    result.

    By this President and leading member of this Sub Committee of the Public Opinion

    Tribunal by which cognizance is taken of this affair - by him, not to speak of

    others who agree with him expression is given to the judgment so formed. But by

    others in an incalculable number by whom no judgment is expressed, a judgment on

    the subject - the like judgment suppose is [...? ...? ...?] formed. But the

    judgment being formed, though no expression is ever given to it, a correspondent

    will, as above is naturally formed, a correspondent will, from whence result

    substraction of good offices, and performance of ill offices, as above.