JB_024_249.xml

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

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.

JB_024_248.xml

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.

JB_024_251.xml

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.