[clx. 379]

1822 July 21

Constitut. Code Rationale

Securities

5. Moral Counterforce

Public Opinion Tribunal

Aristocratical faction

?. Aristocratical Faction by which the tutelary force of the Public Opinion Tribunal is weakened and misapplied

or

Sections into which the Public Opinion Tribunal is divided

or

Sections of the Public Opinion Tribunal - the Democratical and the Aristocratical

Before any thing further is said of the power and usefulness of the Public Opinion Tribunal in the character of a Judicatory applying the power of the popular or moral sanction in the character of a counterforce to the action of sinister interest in the breasts of those at whose /who have at their/ disposal is placed the force of the political including the legal sanction, to prevent misconception an operation necessary to obviate misconception is the bringing into a notice a sort of faction which in this judicatory never has failed, nor in the nature of man /the case/ ever can altogether fail to have place. This faction is that which may be called the Aristocratical faction.

The Members of which it is composed are as the name imports the Members of what is called the Aristocracy: of the Aristocracy of what materials so ever composed: by what signs /marks/ so ever these Members may be found distinguishable from the rest.

Taken in the aggregate By one common and essential mark they may be distinguished in the first instance /at first glance/, and that is - the smallness of this aggregate when compared with that of the great body from which they are distinguished: and from this simple mark simple as it is follow consequences of the most comprehensive and decisive quality in /importance with a view/ practice