date

1818 Sept. 10. 4 14
1818 Sept. 10.

4

14

Instructive and impressive as it was – the Reformists /cause of reform/ by this expense what did they /it/ gain? perhaps nothing. In the sale of seats said the anti reformists of all parties /classes/ of both parties – in the sale of seats, according to your own averments /so yourselves maintain/ consists the mischief: well this sale, and with it the mischief, we will prevent. The offence that has been committed we will not punish: for it would be /were/ too much to expect that where all are guilty all should join in the punishment of one who has been no more guilty than they, and in whose case to distinguish it from theirs there is nothing but the misfortune of having by a rare accid /and untoward/ accident been brought to light. But though we will not concurr in producing the evil of punishment what we will concurr in is the producing of all the good that can ever be produced by punishment. This good is the prevention of the offence. In the production of this good (when the time came continued they when the time came) we have actually concurred. The offence is prevented: and this is the Act /law/ by which it has been prevented.

Not only by the real Reformists at large, but by the sham /pretended/ Reformist by whom in its original state the Bill was brought in protestation was made, that by the Bill in the state in which it had been converted into a law nothing effectual was done. But though nothing useful or effectual was done still however there was a something done: the dispute turned upon the quantum: and the least that /which by any body/ could be allowed to the Tory Ministry was that in the declaration that a traffic of this sort ought not to be carried on or permitted, they themselves had joined.
Similar Items
  • Title: [13 July 1807 18 Letter V]
    Description: 13 July 1807

    18

    Letter V

    III. Litigat prevented 2 o

    VI. iracundus

    The above in the case where the welfare of a person under power, for example in the character of a wife or suppose wife, a ward, or an apprentice, or the good condition of a thing susceptible of a value of affection, as a token of love or friendship, a house, a horse, a picture, or other rarity of art or nature, is at stake.

    When nothing more is at stake than mere money or ordinary money's worth, the faculty of affording in this way to the passion of enmity any considerable gratification will be taken away of course, or proportionably lessened, by every reduction made in the quantity of factitious expence and vexation, the power of creating which is, under the technical system, upon sale to every dishonest individual whether in the station of plaintiff or that of defendant is disposed to purchase it.

    On this as on former occasions note once more the difference between the two masses of injustice, the unavoidable and the optional: the unavoidable that which it being necessitated by the system, the parties in their respective stations are forced to concurr in the creation of, on pain of not being received to act in those their respective staions: the optional, in the manufacture of which the party is allowed to concurr without being thus compelled: the unavoidable part may be removed to a certainty and in every case by the substitution of the uncorrupt system to the corrupt one: that done the removal of the optional part will depend in each instance, upon the temper and prudence of the party under temptation: upon the force of the regard he has, at the moment of trial for his own ultimate interest and welfare. But this supposes the Judge to have done his part towards the prevention of the mischief, as well as you yours.
  • Title: [1819 May 14 C § 3[?]. To {Erskine]
    Description: 1819 May 14 C § 3[?].

    To {Erskine}

    Disfranchisement

    §.2 Evil 2. Quere[?] not permitted[?]

    9

    1

    Along /Together/ with those who are stiled guilty /legally proved to have done the obnoxious /forbidden/ act and on that account are legally stild guilty/, it punishes a number of others who not having been proved guilty, can not consistently with the rules of justice, for any such purpose as that of punishment be concluded to be guilty; and perhaps have not really been so, any of them.

    Not regarding the receiver in this case any more than the giver, as instrumental in the production of evil in any shape – {pathological, moral at large, or political} evil /in any shape whatsoever – sensible evil, moral evil/ in my eyes even where the forbidden act is /has been/ committed by him /the law has actually been contravened,/ no such person is a fit object of punishment.

    But of the evil resulting from such punishment it can not be denied to be an aggravation that along with those by whom the law, such as it is, has not been contravened /offended/ are punished /punished[?]/: perhaps in superior numbers /in such numbers/: others by whom neither that nor any other law has been contravened: and who have not been either in a legal sense or in any imaginable sense guilty. For instance whatever be the offence, and whatever be the punishment, if he who is punished has a family his /the/ family is punished with him. For be the offence /transgression/ what it may, if /where/ to those who have not been guilty the punishment is extended, who is there that can /on sufficient grounds can/ justly regard himself as safe! No one: unless he belong to the confederacy of the ruling few, who having secured to one another impunity for transgression in every shape, are, whatever may have been their transgression, safe.

    For the making of this objection, the occasion presents itself but too frequently in Honourable House. When it does present itself, and it is thought advisable to encounter it by an answer, a /the/ common course is to bring to view this or that measure which upon the whole is not unpopular, but in which it can not be denied but to a greater or less extent this effect has place. No doubt that where the opposite good preponderates, by evil in any shape or to any amount in so far as it necessarily and unavoidably has place, no sufficient objection is /can be/ constituted. But in so far as it is proposed to give admittance to it, its unavoidableness ought always to be /always/ proved, never taken for granted.

    It is among the axioms of the logic of tyrant {– without or even against our will} evil has place, therefore on each occasion by our will may as much as we please may be added to it.
  • Title: [1819 March 14 Letter 6. Whigs Anti]
    Description: 1819 March 14

    Letter 6. Whigs Anti Reformists

    Erskines Reform I. or III Shape

    Earl Grey

    9?

    3

    10

    disagree on the question how far it was advisable to go in those measures by which the appearance of endeavouring at the end should be kept up. Differ they would of course: and if they could not have differed otherwise, nothing could have been more easy for them than to have agreed to differ: and suppose them all agreed – suppose Honourable House as unanimous in wishing for reform as it was in wishing the contrary, there was the Monarch – there were the Lords – there was the balance of the Constitution – what could one branch of the legislature do against two? There was the Revolution. What? could they have done any thing more for the people than was done at and by the Revolution? Oh no perish the people rather that would be to “cast into shade the character of the Revolution itself.” [*] For why? a little beyond the Revolution it suits not Your Lordships “Great body” ever to budge: the people were made for the Revolution: not the revolution for the people.

    people. Change Kings and welcome as often as they can find one that will suit them better than the one we have. This is what they are always ready to do: ready to do when /whenever/ it is impossible to be done /when nobody wants it to be done/, and no good to be done by doing it /no reason for doing it/. Change Kings and welcome! any thing but change representatives: any thing but suffer the people to choose those whom they are said to choose {any thing but to substitute the thing which is to the thing which is not:} any thing but suffer the people to save themselves from being systematically oppressed and plundered by their pretended protectors

    [*] p. 2