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1819 Sept. 28
Parl. Reform Bill.
Reasons
§.3. Eligible Who
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Numerous are the observations suggested by so long a list of particulars: proportionably ample the space which would be requisite for the bringing them to view. In consideration of the amplitude of this space For the present at least they must therefore be omitted: and the option betwixt acceptance and rejection must be left to stand on the ground of the general principle.
In some instances the inaptitude, being for argument sake supposed, the doubt as between admission and exclusion would turn upon the question of the number that in case of non-exclusion might gain admittance. The cases to which this objection /doubt/ more particularly applies are that of the Lawyer and that of the Clergyman.
As to the Clergyman, by a hereby proposed cause of exclusion, the beneficed Clergyman would stand excluded: namely want of time applicable to the exercise of the legislative function. But to the case of the unbeneficed Clergyman that cause would not extend. In the United Kingdom the exclusion supposed to have been already put upon every man who in the Established Church had entered into the profession, was not long ago confirmed But the occasion shewed that it was as usual in particular interest or affection, and not in regard for the universal interest that the exclusion had its cause.
The antipathy prevailing among the ruling few against Horne Tooke in this may be seen the cause of the division by which men in his condition were excluded not only from a seat in the House but from the profession of the Bar. This is among the cases of that retrospective and essentially unjust species of law which under the name of Common Law is so dear to lawyers and their dupes.
The case of the Lawyer is in this case similar. In the United States, and in particular in the Congress House of Representatives, so far as regards appropriate probity the evil produced by an exuberant number of lawyers I understand from a variety of quarters is very sensible felt: a proportion not less than that of three fourths of the whole number of 181 Members belonging to /being of/ that profession. Hence a general and scarcely resistible propensity and endeavour to keep the rule of action in a state as confused, indeterminate, and uncognizable as possible But the profession of a lawyer is the profession of every man who having no other special occupation devotes his attention exclusively or more particularly to the business of government
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Title: [14 Feb 1807 letter IV Resolut]Description: 14 Feb 1807 letter IV Resolut 6.7.8.9 Juries But on the /On the/ ground of the number of persons to whom by means of the expense the of the protection[?] of the law is denied in all civil cases the nature and amount of the price paid in this article /shape/ for the services whatever they may be of the learned persons to whose eye alone (except /excepted/ that of their partners[?] the malâ fide suitors in both sides of the cause excepted) the technical system causes[?] presents itself in a still more simple point of view. There are the great body of the people, to the amount of three fourths (not to push the inquiry any further) kept, to the extent of this system, in a state of perpetual outlawry to all civil purposes: excluded from the benefit of that comparatively inexpensive branch of technical procedure which affords Jury trial, excluded still more peremptorily from still more expensively branch called /which assumes and profanes the name of/ equity. But of the evil /mischief/ admitting it to be an /one/ evil, consisting in the exclusion of three fourths But of /To this degree/ three fourths of the whole number of the people may thus /to this degree be excluded from the benefit/ without any evil work /inconvenience/ [...?] be excluded from the benefit of civil justice, why not the remaining fourth? how slight soever the inconvenience in the present case of the exclusion put upon the three fourths, if it were extended on to the remaining fourth the addition thus made to the inconvenience would amount to no more than a fourth more of that which exists already, and which is so light as not to be felt as any thing, by those by and for whose by whose benefit it is produced.
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Title: [[129b-532] 26 March 1817 Plan]Description: [129b-532] 26 March 1817 Plan Cat 2 o Introd §. Attendance V. Repugnance V 4 “Five[?] hundred as good as lie[?]” Postpone or Superseded. {But} of all classes in whose instance absentation has for its cause the interest of the workshop, the class of all others in which the repugnance to constancy of attendance would be most universal is that of the man /purveyor/ of law: such of those in particular who in respect of quantity of business are at the head of their profession. If in their instance every idea of preference due to public over private /self regarding/ interest every idea of obligation as attached to this preliminary duty were not excluded men /none/ of this class /but/ would of course stand excluded. Note (a)? In what respects the public interest would by such exclusion be served in what disserved are questions which belong not to this place. As lawyers /men of law/ their professional interest is in a state of diametrical and immutable opposition to the universal interest: as statesmen the sinister interest of such of them as are of /whose place is on[?] the Ministerial side finds a counterpoise indeed but that a very inadequate one in the instance of such of those whose place is on the Opposition side. For any thing more than this, room can not there be spared. Note (a) (a) Within these last hundred years doubts have been entertained as to the compatibility of the Office of Master in Chancery with a seat in the Commons House: {and in a breast in which on most /other/ occasions the door is shut against decision[?] by owners of doubts[?] decision[?] has in in this instance /case/ it is said been suffered to creep in and in pursuance of /conformity to/ a profound and undivulgated rule of state policy practice accordingly determined /brought to shape/} of these doubts the origin is not very difficult to discover. On the part /breasts/ of the Ministerial lawyers both sinister interests that of corruption and that of profession /the workshop/ are in full force[?] /[…?]/: the interest of corruption being in profession. On the part of the Whig lawyers the sinister interest of the profession is equally alive, the sinister interest of corruption also alive, though as being but in expectancy, not so hasty as in the other cases. In the class of Masters in Chancery if in any class of lawyer it were possible that any regard for universal interest other[?] in the shape of the interest of the citizen[?] or in that of the interest of the suitor should have place it would be to[?] found. In the seat /office/ of a Master in Chancery if any where a man is at the end of his career in the line of ambition at the end of his career. To produce any such good as what in profession /pretence/ has been aimed at, the state rule should be – from the Master’s Office to take[?] the door of the Commons House open, and to keep inexorably shut whatsoever door led into any higher /other/ office.
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Title: [1819 Sept. 28 Parl Reform Bill.]Description: 1819 Sept. 28 Parl Reform Bill. Reasons §.3. Eligible who 5 5 Supposedly apt causes of exclusion here rejected are as follows I. Deficiency in respect of appropriate probity. To this head may be thought to belong the supposedly apt particular causes following: namely – 1. Alienage. 2. Religion – differing from the religion established by law. 3. Delinquency in any shape 4. Insolvency 5. Confinement or banishment on the ground of delinquency or insolvency. 6. Insanity. 7. Non-possession of property. 8. Possession of Power and Dignity: including those of Prince of the blood royal Peer of the Realm, Member of the House of Lords 9. Profession: for example that of Lawyer, and that of Clergyman; whether of the Established or any Non-Established Church. II. Deficiency in respect of appropriate intellectual aptitude and active talent: namely, 10. Immaturity of age 11. Mental insanity. 12. Caducity: mental infirmity through old age.
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