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_253.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

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/.

JB_024_257.xml

Title: [1822 Dec. 15 Tripoli - Securities against]

Description: 1822 Dec. 15 Tripoli - Securities against Misrule. 7o Preliminary

Explanations ?.2. Remedy - Publicity Publ. Opin. Tribunal ?.3. Power

III. Incorporeal field of jurisdiction of a judicatory - extent of the classes

of suits or causes appertaining to it. i.e. of the rights, on which claims may

be grounded, and the wrongs on which accusations may be grounded.

In the case of the /an/ official judicatories, the rights which their field of

jurisdiction embraces are those only of which, proceeding according to /under/

the system of procedure pursued by them more good than evil with reference to

the interests they are employed to give support, may be produced, as supposed

may, it is supposed be produced by their interference: and so in the case of

accusations. By the unofficial Judicatory cognizance is taken not only of all

these of these same rights and wrongs - claims and accusations, but also of all

others in which the interests of the community in respect of the several

individuals included in it are by /are concerned, in the opinion of/ the several

members of the standing Committee of the Judicatory and of its several Sub

Committees as above, are concerned.

It is the ether in which all these orbs move: a medium which may be an unresting

one, but which may at any time become to an indefinite degree a resting one: and

that in such sort as to render them the whole aggregate of them motionless.