date

1822 Nov. 4 Tripoli. Securities against Misrule
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.
Similar Items
  • Title: [1822 Nov. 6 Tripoli. Securities against Misrule]
    Description: 1822 Nov. 6 Tripoli. Securities against Misrule 3o Preliminary Explanations ?.

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

    Necessary to the existence of an Ordinance in a binding state are three

    distinguishable operations: namely scription, sanctionment and registration

    1. Scription. by this understand the act of composing and committing to writing

    the matter in question 2. Sanctionment. By this understand the investing it with

    binding force, by some person or persons generally recognized as being possessed

    of the correspondent power. 3. Registration or say recordation. By this

    Understand the depositing and keeping in some appropriate receptacle, the

    individual instrument to which the act of sanctionment has been applied. But for

    this, the correctness and even genuineness of all copies written or printed

    might stand exposed to doubt and dispute.

    Minute and useless will the distinctions thus brought to view be apt at first

    sight to appear Upon a second view nothing it will be seen can be farther from

    being so. Scarcely /No where/ will that country be seen, in which throughout a

    vast and indeterminate portion of the field of action and legislation an

    operation so essential as sanctionment will not be seen wanting to that matter

    to which notwithstanding is given nevertheless the name and binding force of

    law.
  • 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. 5 Tripoli. Securities against Misrule]
    Description: 1822 Nov. 5 Tripoli. Securities against Misrule. 3o Preliminary Explanations

    ?. Remedy Publicity 2. Operations 1. Ordinances 2. Sanctionment

    Thus far, /now as to Enactment/ Ordinances, such as the nature of the case

    requires /appropriate and adequate to the exigency/ - have been supposed to be

    already in existence. If so it be well. But suppose the state of things to be in

    the contrary case? what is then to be done

    Case 1. In relation to the matter in question no Ordinance of the above

    description in existence. But on the occasion of judicial decisions, the

    standard of reference composed of anterior decisions, or inferences deduced from

    them.

    In the European Governments, with the exception of the few instances if any in

    which /small extent to which in general/ Codification has had place such is the

    state of the rule of action, under the dominion /where the rule of action is in

    the state/ of what is called Common Law or Unwritten law. On most parts of the

    field of law a quantity of matter has been written - written by men not invested

    nor so much as pretending to be invested with the power of legislation

    /legislative authority/: and out of this huge and shapeless mass of writing the

    Judge on each occasion makes choice of such portion /portions/ as appear to him

    best adapted to his purpose: to the purpose which is most agreable to him,

    whatever it may happen to be. In this state of things Singularly unfortunate, if

    not unskilful must that Judge be who out of so rich a [...?], fails on any

    occasion to find that which is most agreable to his wishes whatsoever they may

    happen to be: to his wishes, guided as they can not but be by what at the moment

    he looks upon as being his interest.