date

23 Dec r 1809 Parl y Reform
23 Dec r 1809

Parl y Reform

Ch.5. Both situations

'.1. Errors

2

2

But in the case of parliamentary corruption the seat of the disorder comprizes /disorder affects /applies itself to// two situations /stations/: viz. that of Member {of Parliament} and that of Elector: and in each of those situations corruption considered as the effect supposes and requires two different persons to be concerned in the production of it, viz the person to /by/ whom it /the matter of corruption/ is administered: and in the instance of each of these persons the disorder may require to be considered, forasmuch as it has been customary to consider it /customarily considered/, with respect to its influence on two distinguishable objects, a general and a particular one viz. the welfare /health/ of the country, and the health of the corrupted persons mind.

Moreover in each situation the part of corruptor may be performed on the one hand by the King or an agent of the Kings: or on the other hand by some individual not[?] dependent on either the one or the other.

In regard to the treatment of this disorder /offence[?]/ /species of delinquency/ or supposed disorder, if such it be to be stiled two dispositions seem to have been hitherto very generally prevalent: 1. in the first place a disposition and that a determinate one to foster it, and preserve it /to give encouragement /protection/ and encrease to it/ not only from cure /suppression/ but even from all abatement /check/; and a disposition /coupled with /all the time with/ disposition towards the offence[?] a disposition/ to apply punishment to it: always understood and provided, that by the application of the punishment no such effect will or shall or will be produced as the /any/ abatement, or much less the extirpation but rather the aggravation /the exacerbation/ of offence, in a word, for form's and reputation's sake to apply punishment to it, but so as, by confining the punishment to the cases in which the offence[?] is productive of least mischief or of no mischief at all, so to manage as that by the very punishment the mischief of offence so far from extirpated or so much as checked shall be encreased: things being so managed that by confining the punishment to the cases in which the offence if productive of little or no mischief, the offence /delinquency/ shall be confined to those channels[?] in which the mischief producible by it, is at its highest pitch.
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    Of the present inquiry the result in this respect /on this head/ will be seen to be that in the whole business there is no proper ground for punishment: that from the application of punishment to this case the best /least bad/ effect that can happen /result/ is the evil of punishment consumed in waste and without any abatement in the disorder: but that its natural and usual nay and even intended effect is to aggravate the disorder: that very disorder to which in shew and pretence it applies a cure.

    But that although by punishment the disorder can only be aggravated, yet without punishment it may very effectually be cured.
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    What I do not take upon me to say is - that on this occasion for the conversion of corruption into incorruption, all was done that might and ought to have been done:

    But what I do take upon me to say is - that so far as it went it affirmed the justice and in any point of view the propriety of applying to the disorder in question a remedy the burthen of which should fall /press/ upon shoulders /other shoulders/ other than these, to whom any share in the production in the disorder, any delinquency in any shape could be imputed.

    On the ground of a single act of corruption, to the prejudice of a multitude of persons to whom no act of delinquency in any shape could be imputed persons to many of whom it may have happened to resist /oppose/ on that occasion an effectual resistance to the temptation under the force of which the probity of so many others sunk, the election franchise was with respect to two /four/ seats out of the 558 (the then number), the election franchise was for the purpose of thenceforward giving additional freedom /freedom/ to the made Election in respect of these seats thrown open to other persons in an encreased number. Here then in the ground of an act of delinquency or[?] an act of corruption committed on one single occasion by one part of the whole number of the Electors, they together with a number of others not partakers in this or any other act of delinquency, are, no matter in what account particular /individual/ punishment, or general reform.
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     Oct. 12. 1809. Write this again, treating of Influence Corruption & Bribery together - and beginning with the ramifications of Influence - which include the other two

    Ch. < > Of {Influence Bribery and} Parliamentary Corruption.

    '.1. Divisions and Distinctions and Divisions.

    On the subject /Under the head/ of parliamentary corruption subordinate [...?] /objects/ fall /come/ to be considered: - 1. the situations liable to give occasion to the obnoxious practice thus denominated: 2. the parts borne in it by different persons on every occasion in which it has place. 3. {the nature of} the matter of corruption, being the matter by the application of which the effect designated by the word corruption is produced. 4. the effect or tendency of the practice in the different situations in which on the different occasions on which it is liable to have place; and this as well on the welfare of the community in general as on the moral character or rather disposition of the persons concerned in the character of parties. 5. The difference between corruption at large, and corruption in that particular shape in which it has been distinguished by the name of bribery.

    There are three situations, three very different situations in regard to which the effects of corruption require to be considered: 1. that of the Member of /Representative in/ Parliament considered as liable to be corrupted by the Minister /servants /adviser/ of the Crown/: 2. that of the same person in his character of candidate, considered as liable to give into the offence / practice/ of corrupting or endeavouring to corrupt his Electors: 3. and that of the Elector himself, considered as liable to be so corrupted.

    In all /each of/ these several cases the same term corruption is employed: but wide indeed is /are/ the difference/s/ between the acts /practices/ thus characterized /designated/ /so generally designated/ by the same name.

    The difference is matter of prime importance: because corresponding to and dependent on the difference as between these mal- /obnoxious/ practices will be the quality of the means which it will be proper and the quantity which it will be worth while to expend /employ/ in the endeavoured to suppress them.

    {In this view let us make the comparison of each to each considered in two points of view: viz. 1. in respect of the /species & degree of the/ mischief to the community: 2. in respect of the indications they afford concerning /respecting/ the dispositions concerning the degree of depravation in the moral /mental/ frame of the individual transgressor.}