1819 Oct. 5

Parl Reform Bill

Reasons

§ 5

§ 8

Art. Secresy

3

3

3

In so far as it is by the idea of evil that the effect is produced {is endeavoured to be produced} the influence is stiled the influence of intimidation or terrorism: in so far as it is by the idea of good, the influence of corruption, of which bribery is one species: namely the coarsest and most prominent.

In all these several cases it is universally understood – assumed by every one /all/, denied by none that the influence of will on will ought not to be exercised: that an Election produced by any such means is a Miselection: a Miselection, to wit in principle, howsoever /whatsoever/ it may happen to be by law. A circumstance by which the universality of this undertaking is testified is the sentiment of disapprobation which stands associated with these words, and which fails not to be called forth as often as they are mentioned.

That it is universally understood that no influence of will on will ought thus to be employed in giving direction to votes – that election produced by such influence is Miselection even according to law, is established in the case of both these opposite modes of influence.

That by influence of the intimidative kind operating with effect Miselection is understood to be produced is declared by the law or custom of Government under which Soldiers /Military Band/ under the command of the Monarch are removed from all places in which Elections are held.

That by influence of the corruptive kind, operating with effect Miselection is understood to be produced is declared by those Statutes which in such multitude and with so much effect have been the professed intention of preventing Election bribery.
Similar Items
  • Title: [1819 Oct. 5 Parl. Reform Bill]
    Description: 1819 Oct. 5

    Parl. Reform Bill

    Reasons

    §. 5

    §. 8

    Art. Secresy

    4

    4

    4

    On the occasion Where arrangements are required /understood to require/ to be taken for preventing any part of the standing army from being present at an Election the understanding is – that in case a vote were given in a direction displeasing to the Monarch or some servant of his the voter might materially be put to death or otherwise corporally injured: otherwise but for this supposition the freedom of Election could not be disturbed by such a cause. {But that /the cause of the prohibition/ which is thus universally regarded as unconstitutional /inconsistent with the Constitution/, and capable of giving to an Election the character of a Miselection is the substitution of another /a different/ persons wish to that of the voter, not the degree of injury by which that effect is produced /circumstance of its having for its cause an injury offered to the person of the/: {for} if injury to the voter were the cause, the prohibition would not extend to the case of bribery: for by a gift given to a man no injury is done to him /in gift surely there is no injury/.}

    This therefore /Such then on the part of the ruling few/ has always been ostensibly the object /an object aimed at in appearance/ – namely to preserve the breasts of the voters from the influence of will on will, in whichever /whatever/ shape endeavoured to be exercised. Had this been really the object the object aimed at in reality influence acting by /endeavour for preserving them against influence operating in the way of/ intimidation would have been more anxious than endeavours for preserving them from influence operating in the way of corruption: for fear of evil operates with much more effect than hope of good. The anxiety /endeavour/ would not have applied itself exclusively to intimidation issuing from the crown /throne/: it would have extended itself to intimidation issuing from any source whatever.

    By secresy of suffrage, combined with other arrangements here provided, Miselection by /from/ reason of influence acting by corruption may, it will be seen be effectually /sufficiently/ excluded: may now and might have been at all times. But by secresy of suffrage alone, Miselection by reason of influence acting by intimidation may now, and at all times might have been excluded to /in/ a much more perfect degree excluded.
  • Title: [1819 Oct. 5 Parl. Reform Bill]
    Description: 1819 Oct. 5

    Parl. Reform Bill

    Reasons

    § 5

    § 8

    Art. Secresy

    6

    6

    6

    Thus then against Miselection so far as producable by influence of the intimidative kind, it is the nature of secresy of suffrage to afford a compleatly effectual remedy: against Miselection do far as producible by the only remaining mode of influencing will a remedy wanting little of being compleatly effectual nothing at all when conjoined with those others which are here[?] provided /and which/ some of which /them/ are already in use.

    While the open mode leaves the door open to Miselection as produced by sinister influences in both shapes, acting in both shapes throughout the whole field of Election with unchecked force. It thereby is continually productive of Miselection to an amount /such an amount/ which baffles all calculation. to which no calculation can apply itself.

    Only this much is incontestable, namely that the amount is such as of itself to give to the Constitution a character quite different from anything that it is said to be and in profession intended to be.
  • Title: [1819 Oct. 3. Parl. Reform Bill]
    Description: 1819 Oct. 3.

    Parl. Reform Bill

    Reasons ult o

    §.8 Election how

    Art. Secrecy

    4

    If it be admitted that an Election is not properly performed any further than as the person wish declared by such vote is the uninfluenced wish of the person by whom the vote is given{and would be so independently of all external influence exercised by will on will as above} it follows that every Election in which if on all sides those votes were struck off which the direction given to which would not have been what it was were it not /had it not been/ for such external influence, is /has been/ in principle a Miselection: that the appellation Miselection belongs with propriety to the case thus exemplified: and that the conclusion /result/ in question is an evil, and as such a proper object of avoidance.

    When in this particular the Constitution in its present state is defended, it is always on the supposition that /no such effect as/ the effect thus secretly produced is not the effect really produced /is produced/: and in a countless number of instances this supposition is compleatly and incontestably /and notoriously/ false: false in a number of instances so great but yet so countless that all that is known of the number of them is that it is such as to give to the constitution a real character and effect directly opposite to that which in form and pretence is nevertheless so continually attributed to it.