date

1822 Decr. 13 Tripoli. Securities against
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.
Similar Items
  • 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 Dec. 13 Tripoli. Securities against]
    Description: 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.
  • Title: [1822 Dec. 9 Tripoli. Securities against]
    Description: 1822 Dec. 9

    Tripoli. Securities against Misrule

    7o

    Preliminary Explanations

    ?.2. Remedy Publicity

    Publ. Opin. Tribunal

    ?.1. Judicatorys Attributes

    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.