[xxxviii. 22]

1822 July 13

Constitut. Code Rationale

Securities

5 Moral Counterforce

Public Opinion Tribunal

A few Articles

Exposition and Rationale

1. Securities for Moral aptitude.

4. Moral responsibility

5. Legal responsibility

2. Moral responsibility what? Subjection to power of popular or moral sanction as applied by (Democratical Section of) Public Opinion Tribunal.

3. Legal responsibility, subjection to power of political (including legal) sanction, as applied by legal judicatories under the Government.

4. Public Opinion Tribunal, feigned for discourse sake, by analogy as applying the rewards and punishmts. of the popular or moral sanction.

5. Anglice Petty Common Jury a Committee of Public Opinion Tribunal organized.

6. Import from which this requires to be distinguished: belonging to him possessions whereby, for the purpose of punishment, Government may, if so disposed, take hold.

7. Real and important the distinction. Anglice┌ - in many a man responsibility by possession, without do. by effective subjection

8. Example. King: possession peculiarly ample: subjection by punibility none either in fact or by law.

9. Other situations responsible by law, not in fact. Witness

1. Chancellor and his Vices

2. Twelve superior Judges.

10. 1. Legal responsibility comes first to be explained: moral not clearly intelligible but by means of it. By punibility responsible: by law, conduct to any possessor of, or sharer in supreme operative power in a Monarchy absolute or limited.

(Note case of Spanish and Portugueze Kings under the Constitutions.

11. I. Monarchy absolute. Under absolute Monarch no functionary unless Monarch pleases, whatsoever the evil of his misdeeds to the universal interest.

12. Thus far by no such responsibility of a subordinate is counterforce opposed to superordinate's power: self contradictory the supposition.

13. Not so Monarch giving consent, which by casual circumstances may be brought about. Supposed case - Finance Minister defending King, and prosecuted before a Judicatory.

14. II. Monarchy limited. Case here not materially different. Here too direct impunity may be given by law: but indirect is found commonly more convenient. Of limited Monarch, and his instruments, the proceedings are more exposed to observation: in public's eyes direct course suppose palpably opposite to received notion of justice, resistance might at length be produced, and by resistance trouble. If so, case requires that some indirect course be taken by vengeance. Slaughterers, for example, sent off or rendered undistinguishable: failing, sent physical means, legal are at hand so numerous and intricate that by explanation of them a volume might be filled.