JB_126_264.xml

Title: [19 Dec r 1809 Parl y Reform]

Description: 19 Dec r 1809

Parl y Reform

Ch. Mischief of Dependence

1

A Member of Parliament is a trustee: he is a trustee appointed /nominated/ by his Electors his constituents to watch in a certain way over the interests of themselves {and their fellow subjects for whom they themselves are but in trust}.

If in any point in lieu of his own will guided by his own understanding a trustee accepts for the rule of his conduct the will of another /any other/ person possessing and actuated /directed/ by an interest separate from and opposite in any respect to that of the trust to that of the persons for whom he is in trust, the consequence is to the extent in which such substitution takes place, a sacrifice of the trust, a sacrifice made by him as to so much of the interests and of the persons so committed to his charge.

Then and by this means takes place to the prejudice of the persons whose interests are respectively committed to the care of the perfidious trustee, every mischief that the nature of the case /their respective situations/ are susceptible of.

The trustee is he of a factor? /consigner of goods?/ Entering into a confederacy with the purchaser, he sells them to him at an under value, sharing with him the extra profit.

Is he a land steward? He lets the /his employer's/ land at an under rent, receiving fines from the tenants - fines not for the /use of his/ landlord's use but for his own.

Is he the Guardian of a rich heir or male ward? He finds out dishonest masters and dishonest tradesmen, and shares with them their double profits /and keeps[?] them under contributions[?] allowing them double prices/.

Is he the Guardian of an opulent female a rich heiress for his ward. He sells her to a fortune hunter.

JB_126_259.xml

Title: [15 Dec r 1809 Parl y Reform]

Description: 15 Dec r 1809

Parl y Reform

Influences

Ch. Mischief of Dependence

3

7

Of all this argument what is all this while the object? - what is it that it is brought to prove? Simply this, viz. that be the trust what it may, be the bribe what it may, be he that /who/ is ready to offer it who he may, be the trustee who he may, the trust is not so likely to be well and faithfully executed by him in case of his being at liberty, as in case of his not being at liberty to take bribes - to take money on condition of his being obsequiousness to the will and thence subservient to the interest of the corruptor and doing in the exercise of it such and such acts, being acts beneficial and serviceable to the personal interest of the corruptor, whatsoever be the mischief done by them to the interest of the trust in a word that therefore a trustee ought /should/ not on this or that individual occasion accept to his own use of any one who offers it money or money's worth on condition of his doing under or by colour of the authority given to him by the trust any /this or that/ act at the choice of him by whom such gift is tendered: that in a word for a vote to be given by him on this or that one particular occasion a Member ought /should/ not if it be possible to prevent it be /preventive[?] be/ suffered to accept of money or money's worth from an individual /a private/ hand.

JB_126_256.xml

Title: [14 Dec r 1809 Parl y Reform]

Description: 14 Dec r 1809

Parl y Reform

Influences

Ch. Mischief of Dependence

4

Exemplify to[?] a Member

All this is beyond dispute. But it is in name /a verbal description/ only and not in its essence /real character/ that this case is different from the other. - Why? - because in following the guidance of the foreign understanding he still is following the guidance of his own: it is by his own understanding - not by foreign will that the foreign understanding was pointed out as being in the superior degree in question the relatively /comparatively/ fit and fittest guide: - the will that guides is not another's but his own.

Be the trust what it may - the principal who he may, and the trustee also who he may, this much seems placed /to stand/ beyond dispute.