JB_024_275.xml

Title: [1822 Nov. 4 Tripoli. Securities against Misrule]

Description: 1822 Nov. 4 Tripoli. Securities against Misrule 3o Preliminary Explanations

?.2. Remedy Publicity I. Ordinances 1. Scription 2. Sanctionment 3. Registration

2. So much for the several subject matters to which the act of notification may

have need to apply itself. Now as to the several successive operations the

performance of which may be necessary to the production of the effect. of the

effect by whatsoever name designated - whether notification or publicity

These preparatory operations will be in a considerable proportion different

/varied/ according to the nature of the subject-matter: according as it belongs

to the head of ordinances or to that of transgressions, viz. /according as it is

composed of/ /according as it comes under one or another of the three above

mentioned denominations: namely/ Ordinances, transgressions, or suffrages.

1. First as to Ordinances

First let them /the appropriate and requisite ordinances/ be supposed already in

existence, and possessed of binding force.

If so far as regards the purpose here in question they are already present to

every mind capable of taking cognizance of the matter it is well. Unfortunately

there is not any where on the surface of the globe any country in which this

sort of omnipresence or any thing like it has place: not even in that country

the Anglo-American United States in which the productions of the printing press

are most extensively diffused: much less in Northern Africa, where even the

instrument itself has never yet been in use.

JB_024_272.xml

Title: [1822 Nov.4 Tripoli Securities against Misrule]

Description: 1822 Nov.4 Tripoli Securities against Misrule Preliminary Explanations ?.2.

Remedy, Publicity 1. Subjects

3. Suffrages. Understand by suffrages, the opinions produced in the minds of the

several Members of this same tribunal by the cognizance of the several

transgressions. The degree of publicity as applied to persons taking cognizance

of the several transgressions will be as the number of these suffrages.

Note that in the number of the members of this same tribunal is included the

number of all those on whose obedience as well the effect of the several

tutelary /salutary/ /general/ ordinances by which vexation is prohibited, as

also of any particular acts or particular ordinances in consequence of which any

acts of vexation and oppression are performed /exercised/ in violation and

transgression of those same general and salutary ordinances. Power on the one

part is constituted by and is greater or less in proportion to obedience on the

other. It is in the direct ratio of the obedience, and in the inverse ratio of

resistance. But the greater the number of the members of the whole community to

whom the existence of an act of oppression has been made known, the greater is

the number of those by whom on the occasion of an endeavour to exercise other

acts of a similar nature, supposing the past act notified to them not only may

obedience be withholden, but resistance opposed.

Rule. Abstraction made of the several degrees of influence possessed - influence

of understanding on understanding and influence of will on will included, the

actual power of the Public Opinion Tribunal will be as the number of the

suffrages actually declared in the minds of the several members: its power, as

supposed by other persons, and in particular the several /head functionary and

other/ functionaries to whose transgressions it is the object of this Security

to oppose a check, will be as the number of the suffrages which they expect to

find formed and delivered.

JB_024_295.xml

Title: [1822 Nov. 9 Tripoli - Securities against]

Description: 1822 Nov. 9 Tripoli - Securities against Misrule Preliminary Explanations ?

Remedy Publicity II. Transgressions

3 Obstacle 3. poverty: understand relative poverty - inability to defray the

expence, whatsoever it may be. Of the operations necessarily preparatory to the

ultimate publication above brought to view, an indefinite number may any or all

of them be unavoidably attended with an indefinite amount of expence. 1.

Collecting from places in indefinite number, each of them indefinitely distant,

persons capable of serving in the character of reporting or say deposing

witnesses. 2. Committing to writing the result of their respective depositions:

3. transmitting from judicatory to judicatory from office to office copies of

the written instrument to which the statement of the case was first consigned.

That provision might in some way or other be made for them, the case required

that these several sources of expence should be brought to view. In what

particular way such provision may most conveniently made will depend upon local

circumstances, such as lie not within the cognizance of him by whom these

particulars are offered to view.

Note here, that as well upon those who are likely to be most willing as upon

those who are likely to be most unwilling, should the tone of whatever

ordinances are issued for promoting publication be as forcibly imperative as

possible. The more irresistible in appearance the coercive process, the greater

will be the security given to those /him/ in whose breast any desire to

cooperate towards the beneficial effect in question has place: against the wrath

of the offended and denounced oppressor he has coercion to plead his excuse.