JB_167_222.xml

Title: [[clxvii. 222] 1821 Jan y 31.]

Description: [clxvii. 222]

1821 Jan y 31.

Rid Yourselves

'.3 Creoles unwilling

We have an old jest-book story of a Frenchman's account of the English beverage called punch. There was the brandy, to make it strong: there was the water to make it weak: there was the lemon juice to make it sower; there was the sugar to make it sweet: in a word, it was the liquor of contradiction. Spaniards In this liquor, you may behold the architype of your Constitutional Code so much of it as applies itself to the dominion over Ultramaria.

JB_164_086.xml

Title: [[clxiv. 86] 1820 May 29 Emancipation]

Description: [clxiv. 86]

1820 May 29

Emancipation Spanish

Thus stands the case as to pure representative democracy. But your form of government my friend yours is not /as yet at least/ a pure representative democracy. It is a mixt Monarchy: a mixt Monarchy composed of Monarchy and Democracy with little or no /but a slight tincture/ of Aristocracy. The official power in the hands of the Monarch and his advisers: the elective power in appearance and to a greater or less degree in reality, in the hands of the otherwise subject multitude.

Now then see what sort of a thing a Mixt Monarchy is.

Punch, the sort of beverage which originated in England, and was for some time peculiar to England - Punch, according to the doctrine put by the jest-book into the mouth of a Frenchman, is the liquor of contradiction: there is the brandy to make it strong, there is the water to make it weak, there is the lemon to make it sower, there is the sugar to make it sweet.

With at least equal truth and to somewhat greater use, a mixt monarchy may be said to be the constitution of contradictions money power and factitious dignity. There is the elective power in the hands of the subject many to make /secure on the part of/ the sharers of the legislative branch of the efficient /operative/ power the due fulfilment of that duty /brief/ there is the administrative branch of the efficient /or operative/ power the aggregate mass of the external instruments of felicity and objects of universal desire, in the character of the matter of corruptive influence in all its shapes and in the whole of its amount to secure on the part of those same trustees the violation of their trust.

JB_129_024.xml

Title: [8 Oct. 1810 Parl. Reform Plan. Ch]

Description: 8 Oct. 1810

Parl. Reform Plan. Ch.1. Qualifications

8 Oct. r 1810

{1. Disqualifications none but such as would obstruct the proceedings by annoying the

assembled Members. }

{2. Primary internal qualifications the only d o ultimately

material.

{3. For the possession of these on the part of a majority their[?] free choice of

Electors is sufficient security}

{4. Want of qualification, even primary, no inconvenience in any instance unless in

that instance existing on the part of a majority}

{5. Interest adverse to that of the majority of the people no objection unless it had

place in the case of a majority of the members as under the system of corrupt

influence at[?] now lies.}

{6. If it were an objection it ought to shut out Scotch & Irish Members.}

{7. Therefore it applies not to Catholics, Jews, Mahomedans &c.}

8. An interest not extensive enough to prevail by votes can only prevail by arguments

8. To acknowledge of any such interest that it is likely to prevail by arguments is

to acknowledge that it is in the right.

Logical View

{1. Connection between Qualifications and disqualifications – external and factitious

& determinate elements of[?] […?] […?]

2. Sole use of both, securing the pecuniary internal qualifications.

General impropriety

3. Effect of /of any/ such legal disqualifications counteracting free choice it

affirms[?] that the elector will /may/ make a bad choice: bad in the respect in

question.

Particular propriety}

{4. Like cases where such counteraction[?] can be justifiable}

{2 The instance of bad choice liable to be immense enough to compose an efficient

majority of unfit persons. Placemen Kings dependents}

{1. A single person capable of doing a mischief which the majority could not prevent

or remedy. […?]manship & Womanhood.}

5. Opulence a false security for all elements of aptitude. viz. Probity:

intelligence: intent for action ( disposition to action

belongs to probity)

Harm of independence: compleat, not producible by opulence: as against constituents

not desirable.

6. Particular judgement of Electors (if free and numerous) a better test /proof/ of

relative aptitude than any of these general spots, of

inaptitude.

7. For special causes, produced or discovered since […?] expectation may be reasonable: presumption, ha this been known, he would not

have been elected: - but subject to re-election.

§.1 + Qualification & disqualif. their object real

& pretended

§.2. + Qualifications required at present.

§.3. + Disqualifications established at present

§.4. + To require a qualification is to establish a

disqualification

§.5. + Effect of disqualification with reference to the

rights of Electors

§.6. + Proper and improper causes of disqualification -

principles

§.7. Proper causes

1. […?]ness as on physical account

§.8. – 2. Womanhood

§.9. Office-holding (civil) […?] included

§.10. Improper courses.

1 […?] a moral

§.11.2 Sincerity

§.12.3. Want of opulence

§.13.4. Furnishing goods a labour for public service

§.14. Alienage.

§.15. Independence – here for a sign /mark/ of aptitude.

Qualifications and disqualifications […?] […?] in shares when the

people would prefer than[?] it becomes 17

th

[?] […?] under the proposed reading[?]

17 Nov r 1809

Parl y Ref m. B. Plan. Ch. 1.

Art. 1. Qualifications

§.2. Primary & 2 dary.

1.

Qualifications, primary /internal/ & secondary /exterior/ - p.1.

2.

Primary, probity and intelligence, and active talent p.1.

3

Secondary conduce[?] to primary. p.1.

4.

Power and will concurring, effect follows. p.1 –

5.

Power & will to fulfill this official duty concurring fulfillment follows.

p.1.

6.

On degree of (appropriate) intelligence depends power of

fulfillment as to this duty.

7.

On d o of probity, will as to d o. p 2

8

Hence all secondary qualifications are referable to probity & intelligence,

and active talent as the primary d o to which they are

subservient. p.2.

{ Next after this part

§. on Independence.

{ 9 or 1.

Secondary qualifications positive and negative.

10 or 2.

Positive fitting a man for the situation p.3

11 or 3.

Negative consisting in the absence of such as w d unfit him. p.3.

12 or 4 –

A negative qualification is the absence of a disqualification

13 or 5.

Between qualifications and disqualifications the line of distinction is variable

& depends on the accidental structure of language }

§.3. Probity first

14 or 6

Interest being such as to engage a man in a course of conduct opposite to probity,

intelligence tends but to unfit him p4

§.2/3/. {Primary &} 2 dary.

§.3. Probity first

15 or 7

Hence though both are indispensable probity with reference to the majority requires

for the […?] of it the greatest care. p4

16 or 8

In a trustee, probity (relative) consists in subservience

to relative interest of his principal.

17 or 9

If greatest happiness of greatest number be the end of government – a member is

trustee for his constituents & the people: immediately for his constituents ultimately for the

people for whom his constituents are themselves trustees. p5.

18 or 10

To fulfill his duty the line of conduct he pursues must be such as in his own judgment is most subservient to that end:- viz –

whatsoever be the line pointed out by any other will. p.6.

1

+ 1. Alienage.

2

+ 2. Non-use

Disqualifications improper convicted

8

+ 2. Criminality of nos[?] specified by law

6

3. + Exclusion indirect by the King

7

4. Exclusion indirect by an individual other than the man himself

4

5. + Peerage or possession of a Membership of /in/ the House

of Lords.

3

6. + Priesthood.

5

7. + Judgeship.

10

8. + Heterodoxy.

11

9. + Sincerity.

9

10. Libelling

12 Royal family[?].

Statute[?] test of persons disqualified or once supposed to be so.

1 + Aliens and persons naturalized

+ 2. Minors

+ 3. Clergy.

* { 4 Heirs apparent of Peers

+ * { 5. Ambassadors or Foreign Ministers

+ * { 6. […?] Geo r[?] and attendants in

House of Lords.

+ 7. Peoples[?] of Returning Officials[?]

+ * 8. Sick.

+ * 9. Outlaws and in Executions[?]

+ 10 - {Accepting[?] Officers[?]}

11 {Members […?]ing for other places}

I

1

{§.1. Primary and secondary

I. 2

§.2. Secondary position and negative.

I 4

§.3. of primary probity more to be aimed at than intelligence. viz on the part of the

majority.

I 3

§.4. Why probity, rather than independence }

I 3

§.5 6 Probity to be aimed at in the aggregate rather than in

individuals separately considered.

See Attendance.

§.6. Parl. y probity whence[?] it consists: as towards King

independence: as towards peoples dependence.

I 7

§.7. Means of securing the maximum of both.

1 No vote to Placemen or Pensioners {or Contractors?}

2. Annual dismissibility by constituents

I 8

§.8. Unimportance of probity as against private advan[?]:

{ Ch. 2. Of special disqualifications

II

§.9. Disqualifications – unimportance of all but those which consist in

innoxiousness.

II

Ch.3. Of pecuniary qualifications or rather disqualifications

II

§.10. Pecuniary qualification – uselessness[?] and mischievousness of the requisition

of it.}

Persons disqualified or liable to be proposed to be disqualified

{I. Absque delicto

1. Females

2. Aliens

3. Peers

4. Priests }

II. Propter delictione

+ 1. Convicts of infamous crimes

2. Libellous convicts

+ 3. Dissenters in Religion