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.
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  • Title: [1822 Nov. 3 Tripoli - Securities against]
    Description: 1822 Nov. 3 Tripoli - Securities against Misrule 3o Preliminary Explanations ?

    Remedy - Publicity Subjects

    Publicity its extent is as the number whose cognizance the matter has [...?].

    1. Subjects of or for notification and thence publicity and thence for

    notification 1. Ordinances - 2. Transgressions or say violations of those same

    ordinances: 3. /3. Suffrages/ Opinions formed by the several Members of the

    Public Opinion Tribunal, in relation /on the subject of/ those same

    transgressions as compared with those same ordinances Transgression supposes

    something transgressed; in the instance here in question that something is

    something having or designed to have the authority of law 1. In the first place

    come the several ordinances, of which misrule, in each of the several shapes

    against which a security is by this system endeavoured to be provided will have

    been a transgression: Ordinances: or supposed rules having the effect of

    ordinances ordinances inhibitive of vexation and oppression in all its several

    shapes. If at the time of giving binding form to these several securities

    /establishment to security in these several shapes/, ordinances adapted to the

    purpose are already in existence, it is well: if not, fresh ordinances for the

    purpose must on this occasion be provided. 2. In the next place come whatsoever

    instances of transgression happen to have /take/ place. If none, so much the

    better the ordinances have in the compleatest manner possible fulfilled their

    purpose. If within the time in question any transgressions have had place, the

    number of them being given, the nearer the number by which notification and

    publicity have been received to the total of the number that have had place, the

    better.

    Go next to number of members to whose cognizance be [...?].
  • Title: [1822 Nov. 4 Tripoli. Securities against Misrule]
    Description: 1822 Nov. 4 Tripoli. Securities against Misrule Preliminary Explanations ?.2.

    Remedy - Publicity 1. Subjects

    This influence with its several possible degrees it may seem may be laid out of

    the account altogether, for of the persons on whom by possibility it is capable

    of being exercised, the only persons here in question are the Members of the

    political community in question - considered in their character of members of

    the Public Opinion Tribunal belonging to it. Thus accordingly when considered in

    a general point of view for the most part does the matter stand. One part

    however there remains in relation to which the sort of influence in question is

    capable of having a distinct operation. The suffrages suppose of all the members

    of this tribunal take the same direction: they being all of them pronounced in

    condemnation of the oppressive act in question. Thus far as between suffrage and

    suffrage it makes no difference which was the result of a self-formed opinion

    which of them the result of an opinion derived from the influence exercised on

    the mind in question by that of some other member exercised whether on will or

    on understanding, or on both together. But, though, by the supposition the

    direction taken by /in which/ the suffrages /act/ is the same, and the ultimate

    number of them, by what cause so ever produced, is the number in question, yet

    the degrees of energy with which, upon occasion, they may respectively be

    disposed to act in conformity to those same suffrages may be to any amount

    different: and in each case this degree of energy may be greater or less

    according to the nature and force /energy/ of the influence received.
  • 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.