6 Jan y 1810

Parl y. Reform

Influence

Ch. 17 Mischief & Disrepute

'.2. Mischievousness I. Member

11

3

In regard to the situation of Member, of the several different modifications of parliamentary corruption which it seemed of use to distinguish and bring to view, the order in the scale of mischievousness seemed to be as follows: viz. Case is[?] Modification the first, occupying the highest place: corruption having for its effect, on the part of the Member an habitual state of Court or ministerial dependence. The corruption or corrupt state of the Member's mind habitual, the influence of the mater of corruption applied to it having for its effect /fruit/ the placing and keeping him /his mind/ in a state of undue and corrupt dependence on the Corrupter General, the King, his agents and subordinates and agents: thence his conduct in a correspondently habitual state of undue obsequiousness.

2. Modification the second. The corruption or corrupt state of the Member's mind habitual, as before, the influence of the matter of corruption applied to it having for its effect /fruit/ the placing and keeping his mind in a state of undue and corrupt dependence on the particular corruptor, viz. the patron of the seat.

The title which the first mentioned of these two modifications of parliamentary corruption has to a higher place than the other in the scale of mischievousness will not easily be disputed.

{ In the former case the dependence with the consequent obsequiousness is assured and long continued, lasting as long as the parliament lasts, and the undueness of both being it rendered equally certain and lasting by the necessary predominance of sinister interest on the part of the King and his dependent subordinates and agents, coupled with power sufficient /adequate/ to the purpose of pursuing that sinister interest with constantly considerable effect.}
Similar Items
  • Title: [6 Jan y 1810 Parl y. Reform]
    Description: 6 Jan y 1810

    Parl y. Reform

    Ch. 17. Mischief & Disrepute

    '.2. Mischievousness. I. Member

    16

    8

    4. Modification the fourth. an improper vote given, having for its effect the rendering an undue service to some individual, and for the object and efficient cause the gaining the favour of some other individual, whether having or not having a seat in the same house, or else the gaining of some undue advantage the value of which not being in such sort liquidated as to be expressible with correctness by any particular man, the receipt of it can not in common acceptance be understood to come under the denomination of bribery. acceptance of a bribe.

    N B The corruption is in this case but occasional and momentary.

    The circumstance by which this species of corruption is placed below the three others is this - viz. that in these cases, if any /whatsoever/ undue obsequiousness takes place, considered as a habit it either by the supposition is, or at least naturally will be habitual the instances /exemplifications/ of it being repeated during the Member's continuance in the seat: whereas in the present case there is no habit: it is only in and by some one single act that by the supposition the undue obsequiousness exemplifies itself.

    5. Modification the fifth. The impropriety of the vote the same as in the fourth case. But the shape in which the benefit acting in this case in the character of the matter or efficient cause of corruption presents itself, is distinct and the amount of it liquidated: for example a determinate sum of money - ,50. ,100 received by the Member for the vote which on the individual occasion in question be delivered.
  • Title: [3 Jan y 1810 Parl. Reform.]
    Description: 3 Jan y 1810

    Parl. Reform.

    B.II. Influence. Titles of Chapters and Sections.

    Part I.

    Exequent[?] /Excreatory[?]/ mass[?]

    Ch. 1. Of Influence, Dependence, Independence, Obsequiousness

    and Corruption. and Bribery

    {§.1. Influence, due and undue }

    §.2. Dependence and obsequiousness.

    §.3. Dependence, the only considerably mischievous fount of undue influence.

    §.4. Of Corruption.

    3 or 2

    Ch. 2. Of the Matter and efficient cause of Corruption – and material cause of undue

    influence.

    §.1. Matter of Corruption – its general nature.

    §.2. Modifications of the matter of corruption – their respective corruptive powers.

    §.3. Distinction between King-created article and ordinary d o –

    its uses.

    § Different articles suited to different purposes.

    2 or 3

    Ch. 3. Dependence, its mode and degrees

    §.1. Where the possessor of the benefit is the dependent

    himself.

    §.2. Where the possessor of the benefit is a friend of the

    dependents.

    8

    Ch. 8. Of the influence of Property.

    7

    Part 2[?] continued[?]

    Ch. 7. Of dependence on a party in partiones[?] +

    Ch. 8. Of the consequence of corrupt Boroughs and other Electoral Districts on party

    dependence.

    Part I

    4

    Ch. 4. Gratitude, considered as a bond of dependence /an efficient[?] bond[?] of

    corruption/.

    §. 1: Bond, the affection[?] or the duty

    §.2. To afford ground for the affection, the benefit must

    be irrevocable.

    §.3. The affection rare in this case.

    §.4. Immorality of the affection in this case.

    If private[?] interest[?] is the shape[?] no other[?] interest[?]

    […?] or that[?] See Spencers virtua[?] & Graves[?] motives[?]

    §.5. Sinister interest by which the duty has been imposed.

    §.6. or Ch. Bonds of dependence, their invisibility Consequence – Frequent Elections

    &c necessary.

    Ch. 5. Dependence, in what cases undue, and in what manner mischievous –

    /{ Ch. 5. Mischief of conduct[?] […?]}/

    or

    { 6

    Independence in what sense desirable.

    §.1

    §.2. Objection answered. }

    5

    Ch.6. Of the Dependence of Members on their Constituents.

    §.1. Instructions ought not to be made legally binding.

    §.2. Instructions ought not to be considered as morally binding.

    Ch. 7.* Of Corruption &c considered as applicable /accident[?]/ to the

    situations of Member and Elector indiscriminately. See Ch. 19 How to combat

    &c.

    §.1. Radical error in the mode of treatment.

    §.2. Cause of the error, sinister interest

    §.3. Leading principle. Sole immediate seat of the mischief parliament itself.

    Part II Corrupt Memb.

    Ch. 2. Corruption &c its mischief in the case of a Member –

    I. The corruption habitual – Corruptor, the Crown.

    §.1.1. Mischief to the state.

    §.2.2. Mischief to the mind of the individual corrupted, habitual insincerity.

    §.3. On the Opposition side, the insincerity has /had/ necessity for an excuse.

    §.4. After parli y reform, no such necessity would have place.

    §.5.3. Mischief to the mind of the subordinate corruptor.

    §.6.4. Mischief to the King’s mind.

    Ch. 9. Continuation as

    II. The Corruption habitual; corruptor an individual – patron of the seat.

    §.1. Mischief to the state +

    §.2. Mischief to the mind of the corrupted incumbent. +

    §.3. Mischief to the mind of the patron. +

    Ch. 10. Continuation

    III. Benefit gained or sought by the Corruption, possession of a seat.

    §.1. Mischief to the state.

    §.2. Mischief to the mind of the incumbent /purchaser/ or proposed incumbent

    /purchaser/

    §.3. Mischief to the mind of the patron or supposed patron /seller or proposed

    seller/.

    Ch. 11. Continuation.

    Doctrines of the Speaker of the H. of Commons A o 1809 concerning

    this case examined.

    §.1. The doctrine examined

    §.2. Anecdote for illustration

    Part II Corrupt Membs

    Ch. 12. Continuation.

    IV. The corruption occasional: benefit gained or sought, a particular vote – matter

    of corruption liquidated.

    § 1. Mischief to the state

    § 2. Mischief to the mind of the individual corrupt ed.

    § 3. Mischief to the mind of the corrupt or.

    Ch. 13. Continuation.

    V. {The corruption occasional: benefit gained or sought, a particular vote:} matter

    of corruption, unliquidated.

    §.1. Mischief to the state.

    §.2. Mischief to the corrup ted mind.

    §.3. Mischief to the corrupting mind. In case of bribery, briber or bribee must

    put[?] confidence: this confidence in […?] violated: no real[?] disparity[?] than is

    produced by it.

    Part III. Corrupt. in Electors.

    Ch. 14. Corruption – its mischief in the case of an Elector.

    §.1. Leading[?] principles

    §.2. Boroughs open, close, and pocket -

    §.3. Scales of mischievousness as between the three species according to the

    Speaker’s doctrines and the above.

    §.4. Anecdote for illustration Dialogue between a great character and a little one.

    Ch. 15. Continuation.

    §.1.
  • Title: [6 Jan y 1810 Parl y. Reform]
    Description: 6 Jan y 1810

    Parl y. Reform

    Ch. 17. Mischief & Disrepute

    '.2. Mischievousness. I. Member

    15

    7

    3. Modification the third. Case of a seat purchased by the sitting Member of an individual or a small band of individuals into whose hands no matter by what means the power of thus disposing of it has fallen has happened to fall.

    The circumstances by which this modification is placed in the scale of mischievousness is no other than that preponderant probability of Court dependence by which the last modification has been seen to be placed in that same scale.

    The circumstance by which this third is placed below that second modification is this: viz. that in the /that/ second case the sitting Member being by the supposition placed in a situation of habitual dependence is thereby inured to that habit of obsequiousness which in such a station may with propriety be termed undue obsequiousness, whereas in this third case, the sitting Member having purchased his seat, and not being subjected to the seller or any one else by any bond of dependence, not so much as by the tie of gratitude, is, unless and until it happens to him by any fresh and free and fresh act of his own to place himself in a state of dependence, free so long as he continues in the seat, to act as he [...?] fit.