date

1818 March 30 Parl. Ref. Bill
1818 March 30

Parl. Ref. Bill

Reasons

III. Electors - Who

Vote-conferring Certificate

Explanations

5

For excluding as compleatly as may be all these inconveniences inconvenience in all these shapes, the ruling principle is not to present to the official person any evidence but such but of that sort of which the genuiness and sufficiency may be ascertained by a momentary glance the correspondence for example between two documents which to be genuine must be duplicates of each other, each of them occupying but an instant[?], and that so moderate in the discussion as by a practiced eye to be comprehended by a momentary glance.

Upon /Under/ this same principle, another expedient is to committ to the person /individual/ in question the choice of the Judges of the person by whom in quality /acting in the character/ of Judges, the validity of the title is to be pronounced.

Not many are the /great is the number/ cases in which consistently with any tolerable chance for justice, any such choice could be allowed. Of the numbers of them small as it is, this however happens to be one. Why? because so circumstanced is this particular case, that in the event of false decision /judgment/, conviction and punishment may be made sure. That the individual in question is /should be/ able to read, is able to read and write as the case may be this is all that is desired. But in relation a man who is not able suppose it declared by the person in question that he is able, let him but be called upon to do that which he has thus been declared to be able to do, by the supposition he will be unable: by his inability thus proved, the falshood, the guilt the delinquency of those by whom he was declared to be able is thus proved.

Out of spite and malice it may be said /will it be said?/ it may happen that a man shall in case of a judicial inquiry, learn upon his benefaction, and though in truth able counterfeit an inability by /on/ the demonstration or declaration of which they may be convicted. This is always possible: but such business is never probable: and his ability being supposed, scarcely can it happen but that by this or that individual who would testify to that effect, the ability of his will have been manifested by acts.
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  • Title: [1818 April 27 Parl. Ref. {Bill} []
    Description: 1818 April 27

    Parl. Ref. {Bill} [...?]

    Reasons Note

    II. Electors Who

    Reading Qualification

    Reasons

    {2}

    *6

    {by an unquestionable sort[?] which sort /and that sort/ is constituted in the instance of such individual constituted by the faculty of taking into and keeping in his view not only the limit[?] of the laws to which he stands bound to obey, but, upon occasion, the arguments that have been employed for and against the several measures to which the several persons for or against whom he is /may be/ called upon to give his vote, have respectively been known or expected to give their support or their opposition, as the case may be: in one word by the faculty of reading.}

    Note (a)

    The time necessary and sufficient for a person, in an adult state, to acquire the faculty of reading, in such sort as to be able to read any passage out of the English Bible, and thence baking[?] terms of act and service[?] and words newly derived from other languages dead and living, may on the ground of simple experience be stated at no more than two months: and this without prejudice to the quantity of time commonly bestowed /employed/ on /in/ productive industry, by those whose means of living are altogether dependent upon it.

    Partly by his own personal /immediate/ exertions, partly by the means of disciples trained up by him for the purpose, Mr Thaddeus Connellam[?], a native of Galway in Ireland has already communicated the faculty of reading, to the degree of proficiency above particularized, to upwards of 40,000 of his countrymen: he himself, with the exception of a bare subsistence upon the most frugal scale serving gratuitously, and his disciples likewise upon the same generous terms. Many of his /these/ pupils have also been taught to write several of their letters, written in a good hand, as well as in a correct style, and spelt with propriety, I have myself seen. The hours thus employed in his Schools are - three hours before going to work and three hours after leaving work: leaving 12 hours for work and meals, and six hours for sleep. This account I have taken from his own mouth, and from the character I have heard of him from several inestimable[?] quarters, I believe it to be true.
  • Title: [The plan I have pursued of taking the old]
    Description: The plan I have pursued of taking the old foundations as well in the literal as the figurative sense of the words, to build upon and that to the utmost of their extent, is liable to no objections that I can see. The having recourse to a new choice is liable, as will be seen, to very forcible objections, such as nothing short of absolute necessity would compel me to encounter with.

    1. Unavoidable and indefinite delay: delay to the very commencement of the play, to say nothing of its completion. The former choice consumed upwards of three years. 2. Superior hardship to any other proprietors on whom the lot might fall in the event of a new choice. The Archbishop of York in whom the fee simple is in right of his See has no objections: he has no ground for objection. His interest is small: his income could not sustain any diminution: it could not but receive an increase. Earl Spencer (Lessee under the See for lives) Earl Spencer when he came to his Estate (which was since the valuation) found it with this lieu on it. He took it subject to this lieu: of which being so notorious, it is impossible he should not have been apprised. From this burden it has never been discharged: the stop put to the execution of the plan was considered not as final but momentary: two years afterwards it was still considered as such by the Committee of the House of Commons [See Report 1784.] At no time has the final dereliction of it been declared by Administration. It has all along, if I am not much misinformed, been kept upon the Carpet. M r Pitt & Lord Thurlow may perhaps recollect the audiences given by them to the intended Architect, the late M r Blackburn.

    To any other unwilling proprietors a similar burthen would be new and unexpected: and of willing proprietors with fit land belonging to them I have neither any knowledge nor any tolerable hope.

    Thus it stands as between proprietor and proprietor: and as far as neighbourhoods may be supposed to be concerned, thus also does it stand as between neighbourhood & neighbourhood.

    A new choice (as far as the Proposer were to be concerned in making it a power from which he could not be wholly precluded as will be seen presently) a new choice would lodge a very strong and extensive power in the hands of an individual, who were he to listen to the suggestions of personal interest or affections might be under temptation to abuse it. He might pick out situations adapted to his own interest or caprice to the disregard of much superior interests on the part of great numbers of individuals. By
  • Title: [1823. Feb y. 27. Greece. J.B's Observations]
    Description: 1823. Feb y. 27.

    Greece. J.B's Observations on particular Articles.

    Judiciary

    In each Judicatory, efficient cause of location, the choice made, and will declared, by the Minister of Justice. Efficient cause of dislocation, votes to that effect by the majority of the Electors appertaining to the Judicial district or sub-district as above, as the case may be. This, without cause necessarily assigned. The Electors being on each day after giving their votes on the occasion of the election of a Representative in the Legislative Assembly, called upon to give their votes for or against the existing Judge, but not in favour of any other person in the character of a Candidate for that same situation. In case of a majority for displacement, obligation on the Minister of Justice to place another individual in that same Judicatory, but with power to place in any other Judicatory the so displaced Judge. On the part of the Electors, No specific assigned cause for such displacement need be made necessary, but in the nature of the case no proposition to that effect could ever be made with any prospect of success without assigned causes in abundance. Power to the Minister of Justice to propose to any Judge at any time, and accept his resignation, and upon refusal or silence to displace him, assigning or not assigning a specificcause or causes. Power to the so displaced Judge to stand forth in public for the vindication of his character, and to contest the existence or the sufficiency, or both, of any causes so assigned. On this head some provisions of detail would be found requisite.

    Reasons why the power of location should, in regard to all these Judicatories, be in the hand of a single person, the Minister of Justice: 1. the object of the judicial system taken in the aggregate being to give and secure execution and effect to the whole body of the Law all over the territory of the state taken in the aggregate, one main business of the Minister of Justice will be, according to the measure of his ability, to secure consistency and symmetry in the plan and mode according to which such execution and effect is given or professed to be given in every such field of Jurisdiction throughout the state.

    The