[clx. 339]

1822 July 11

Constit. Code Rationale

Securities

5. Moral Counterforce

Public Opinion Tribunal

?. Expository Matter

Fourth Security for Appropriate Moral Aptitude in Official Situations and in particular the all-commanding ones, the counterforce applied to the operation /force/ of sinister interest in those same situations, viz. Moral responsibility.

Fifth Security, as above, Legal responsibility.

The counterforces, thus distinguished - responsibility in its two modes require in the first place a joint coinsideration

By moral responsibility understand here the result of subjection - effectual /effective/ subjection to the power of the popular or say moral sanction, as applied by the Democratical Section of the Public Opinion Tribunal

By legal responsibility understand subjection - effectual /effective/ subjection to the power of the political including the legal sanction, as applied by the several legal Judicatories that have place under the Government in question

By the term Public Opinion Tribunal understand a fictitious entity - a fictitious tribunal the existence of which is for the purpose of discourse, feigned by the help of analogy, feigned by /under the pressure of/ inevitable necessity for the purpose of discourse, to designate the imaginary tribunal or judiciary by which the punishments and rewards are applied of which the popular or moral sanction is composed.

A Jury, supposing the members of it placed /located/ by chance a Jury exercising its functions in the manner of a Common Petty Jury under English Judicial Procedure may be considered /regarded/ as being a Committee of the Democratical Section of the Public Tribunal organized