date

1822 Sept. 23 Tripoli Securities against
1822 Sept. 23 Tripoli Securities against Misrule ?6. V. Secret Banishment

Observations on the subject of preventive measures /measures of prevention/

against injurious and secret banishment

For security against secret and injurious banishment two obvious measures of the

preventive cast /kind/ present themselves. One is - prohibiting egress without a

passport; the other is prohibiting egress without previous entry of the fact in

an official Register book.

It may perhaps be too much to say that in no state of things either of these

means ought to be employed: but what may be said with truth is - that generally

speaking the evil of the remedy will preponderate /be found preponderant/ over

the good. The state of things will be an extraordinary one if for one instance

in which the egress is involuntary on the part of the individual there will not

be hundreds not to say thousands in which it is voluntary Say for argument's

sake, one thousand. Here then in the hope of saving from the greater vexation a

single person, a thousand are subjected to the lesser. But in the case where a

passport is rendered necessary, neither in its length nor therefore in the /its/

aggregate amount has the vexation any certain limit. Power without limitation

over every one who has need of the passport is thus given to the functionary or

functionaries whoever they be whose signature or signatures are necessary to the

giving validity to it: and thus to save /for the hope of saving/ one from

injurious banishment, a thousand are exposed to arbitrary confinement

confinement not the less vexatious for not being injurious. /against law/.

In the case where simple registration is all that is required, the power of

granting or refusing the passport not being given in a direct way, the danger of

abuse may seem as if materially lessened if not removed. It is not by a great

deal however so effectually lessened in reality, as in appearance; for still so

long as the minute in question remains unmade, the confinement is as effectual

as if it had been a passport /the case had been that of a passport/ that had

been delayed.
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  • Title: [1822 Sept. 23 Tripoli Securities against]
    Description: 1822 Sept. 23 Tripoli Securities against Misrule ?.6. Secret Banishment

    ?6. V. Security against injurious banishment

    Injurious banishment is where without or otherwise than according to lawful

    sentence of a judicatory a subject of the State is, to his vexation, by force,

    unlawful intimidation /commination/ or fraud /deceit/, sent or kept out of the

    territory of the State or any part thereof.

    If out of the whole territory of the State, the banishment is external; if out

    of this or that particular part, internal.

    The intimidation /commination/ is unlawful, if the means employed be a threat of

    vexation by unlawful means, or even of lawful prosecution for other cause than

    injury done to the individual by whom the menacing /comminatory/ intimation is

    conveyed or to some other individual on whose behalf he is entitled to

    prosecute. Quere whether to insert this?

    Of every sentence of banishment, external or internal, pronounced by a

    subordinate Judicatory notice shall, by the earliest opportunity be sent to the

    office of the Head Judges nor shall the sentence be executed, until confirmed by

    his signature: nor then executed, until thirty days after the sentence has been

    read in the Chamber of audience.

    Every person who knowingly and wilfully has been contributory to the injurious

    external banishment of any person shall suffer imprisonment for a length of time

    equal to that during which such banishment shall have continued /had place/: and

    shall moreover to the extent of his means be compelled to contribute to the

    furnishing compensation in a pecuniary shape for the injury.
  • Title: [1822 Sept 22 Tripoli Securities against Misrule]
    Description: 1822 Sept 22 Tripoli Securities against Misrule IV. Secret Confinement

    Any person to whom by any such Keeper any such acknowledgment has been made may

    repair to the Judicatory of the District in which such place of confinement is

    situated, or to any nearer Judicatory, and there require of the Judges that the

    person so under confinement may be produced before them, and at a public

    audience, inquiry made into the cause of such confinement: which inquiry made

    the person shall be remanded, or set at liberty, or otherwise dealt with as the

    case may require.

    What is here said of a prison shall be understood of any other place in which

    whether according or not according to law the person in question is under

    confinement.

    If to avoid his being produced to the Judicatory, as above, a prisoner is

    shifted from place to place, all persons concerned in such shifting and

    conscious of its having that for its purpose, shall be /are/ responsible as for

    injurious imprisonment.
  • Title: [1822 Sept. 29 Tripoli - Security against]
    Description: 1822 Sept. 29

    Tripoli - Security against Misrule

    Preliminary Explanations

    Lastly, in regard to judicial procedure: and in particular that most essential branch of it, which regards the collection of evidence. In vain would any arrangements for the prevention of injurious confinement, injurious banishment or injurious homicide, or for the termination of injurious confinement and injurious banishment (not to mention any other injuries) be established, unless, on each occasion the means of ascertaining by sufficient evidence the facts thus respectively denominated were in existence In so far as they are in existence, it is well. But, in the country in question, not to speak of other countries it seems but too probable, that no such adequate means are in existence. Hence the attempt that will be seen, towards the furnishing them, or at any rate the endeavour to make some contribution towards a result so universally desirable.

    Such are the arrangements, which have presented themselves as being indispensably necessary to the particular purpose here in hand, namely the affording security to individuals against injurious vexation in the several shapes in question, by the hands of rulers. Should they be found at the same time applicable, and in no less degree, to the affording security against these same injuries at the hands of individuals, and thus a more effectual one than has as yet been provided in those same instances by any existing Code, here will be an additional benefit. This incidental benefit will be seen to be the more valuable, when it is observed that supposing the provision to fail, in a greater or less degree, to be effectual against the injury, where it /in a case where it/ is by the hands of rulers that it has been, or would otherwise have been inflicted, it may still be more or less effectual in the case where it is by the hands of individuals that it has been, or would have been inflicted: understand of such individuals, to whom, in the prosecution of their evil designs, the rulers of the country do not take upon themselves to give support.