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20 Aug 1809
Parl y Reform
Corruption
'.1. Distinctions
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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.}
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Title: [20 Aug 1809 Parl y Reform Corruption]Description: 20 Aug 1809 Parl y Reform Corruption '.1. Distinctions 2 2 1 o 2. As to the parties - In every case of corruption two parties at the least are {considered as} concerned: 1. he by whom the matter of corruption is administered or endeavoured to be administered: the corruptor or would-be corruptor {actual or intentional} 2. he by whom it is received or endeavoured to be obtained: the /person actually or intentionally/ corrupted or would-be corrupted person. (a) Considered as existing on the part of the corruptor or would-be corruptor, the corruption has been termed active: considered on the part of the corrupted or would-be corrupted person, it has been termed passive. Active corruption is that which has place on the part of the corrupted: passive corruption is that which has place on the part of the person corrupted. 3. As to the occasion The occasion on which the vitious connection has place may either be 1. transient or 2. permanent. The corruption is transient where the application made of the matter of corruption is made all at once, or has /having/ for its object the engaging the corrupted person in question to do some one particular act, as for instance to give to /in favour of/ a particular person on some one individual occasion his vote {or with reference to this or that particular object to pursue this or that particular line of conduct.} In this case it is that it is /It is more particularly in this case/ frequently apt to be characterized /designated/ by the word bribery that the word bribery is apt /wont/ to be employed in speaking of it. The corruption is /may be termed/ permanent where the application made of the matter of corruption is /either is itself/ a continued act, or has for its object the engaging /causing/ the corrupted person to persevere as well as to engage in for a length of time in such general line of conduct as is settled or understood between the parties. + (a) Illustration from case of L d Castlereagh and the Trivium[?] &c. + Insert here or preteà places[?] and pencil[?] for illustration. Transient or permanent 1. on the part of the matter of corruption on the part of the conduct to be allowed.
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Title: [15 Aug 1809 Parl y. Reform B +. Necessity]Description: 15 Aug 1809 Parl y. Reform B +. Necessity 1 o B.II Influence Ch.1. Explanations '.4. Matter of corruption {2} {2} {Bribery and corruption are commonly spoken of together: and this without much notice taken of their points of /the sort of relation whether of/ difference and coincidence /or coincidence which subsists between them/. But the relation they bear to one another. But as well from the points on which they differ, as from the points on which they coincide, results of no small importance in practice may be seen to flow. Corruption is in its impact by far the most general and extensive of the two: bribery is but one; [...?] that the most mischievous modification of it.} {In the execution /On the occasion/ of this as of any other trust a man or his conduct may be said to be corrupt, he to be corrupted, to have acted or been about to act under the influence of corruption, when /in so far as/ to the prejudice of his principals his conduct has been determined by considerations of good or evil considered as having resulted or being about to result to himself: the good or evil thus laid in contemplation by him may be termed the matter of corruption.} {On the same occasion a man is not said to have been bribed, to have been guilty of receiving a bribe - to have acted or been about to act under the influence of a bribe unless the shape in which the matter of corruption is considered as acting upon him be that of good, nor even then unless that good be considered as being in the shape of the matter of wealth.} {Thence[?] it is evident that the matter of corruption is not only in extent and variety but in effective force much superior /greater/ than the matter of bribery. Of Corruption that which has for its source /in/ the power /hands/ of the Crown, will hereinafter be shewn to be much more dangerous and pernicious than that which has for its source in the hands of individuals. And the /one/ reason is it will bee seen that the Crown has in its hands the matter of corruption in so many shapes in which its force is v. much more effective.}
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Title: [21 Aug 1809 + Parl y Reform]Description: 21 Aug 1809 + Parl y Reform Corruption Candidate's 1 '. Bribery or other corruption on Parliamentary Election cases on the part of a Member or Candidate. We have seen the mischief that results from /to the community from/ corruption of the passion head on the part of a Member of Parliament, in respect /on the occasion/ of his conduct in Parliament /that assembly/: we have seen how much beyond the mischief of corruption in any other form, and particularly in the form of bribery is that which is produced by the union of any lucrative office held at will with a seat and vote in parliament /the House of Commons/. We have seen the indication afforded by corruption in this shape respecting /in relation/ the character of the corrupted individual. We come now to that species of corruption to which the election made of those members of the legislature is liable to give birth: corruptor, the candidate for the situation of member, party corrupted or liable to be corrupted the person having a vote on the occasion of the election by which that situation is filled. Let us in the first place consider the sort /mischief of this species/ of corruption as flowing or liable to flow from the act of the corruptor in the /his/ character of candidate.
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