date

1818 May 10 ┴ Parl. Reform Bill
1818 May 10 ┴

Parl. Reform Bill

3 o Text or Exposition?

VIII Penal Securities

6

4

IV. Offences tending to produce Miselection by violation of the freedom of suffrage

to produce {Wrong Election} /Miselection/ are /{are as follows, viz.} Election

Corruption, and Election Terrorism.

1. Where /Election Corruption is – where/ for the purpose of engaging a voter or any

other person on the supposition[?] of his having an influence on the mind of a Voter

to forbear delivering his vote, or to deliver a vote in a manner otherwise than he

would otherwise have voted, any person causes or endeavours to cause such voter to

believe, that by means of himself or any other person some benefit /good/, whether in

the shape of pecuniary gain money or any other shape, which would not otherwise

accrue to him will, in the event of his not voting or voting in a certain manner,

accrue to and be received by such voter, or some individual {or individuals} {in

whose property he takes an interest} connected with him by any special[?] tie of

/bond of self-regarding/ interest or sympathy.

2. Where /Election Terrorism is – where/ for the like person any person causes or

contributes or endeavours to cause such voter to believe that by the like means as

above, evil in the shape of pecuniary loss or in any other shape, will in the event

of his not voting or voting in a certain manner, happen to such voter, or some

individual connected with him by some special tie /bond/ of self-regarding interest

or sympathy, as above.
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    Description: 1819 Oct. 5

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    On the occasion Where arrangements are required /understood to require/ to be taken for preventing any part of the standing army from being present at an Election the understanding is – that in case a vote were given in a direction displeasing to the Monarch or some servant of his the voter might materially be put to death or otherwise corporally injured: otherwise but for this supposition the freedom of Election could not be disturbed by such a cause. {But that /the cause of the prohibition/ which is thus universally regarded as unconstitutional /inconsistent with the Constitution/, and capable of giving to an Election the character of a Miselection is the substitution of another /a different/ persons wish to that of the voter, not the degree of injury by which that effect is produced /circumstance of its having for its cause an injury offered to the person of the/: {for} if injury to the voter were the cause, the prohibition would not extend to the case of bribery: for by a gift given to a man no injury is done to him /in gift surely there is no injury/.}

    This therefore /Such then on the part of the ruling few/ has always been ostensibly the object /an object aimed at in appearance/ – namely to preserve the breasts of the voters from the influence of will on will, in whichever /whatever/ shape endeavoured to be exercised. Had this been really the object the object aimed at in reality influence acting by /endeavour for preserving them against influence operating in the way of/ intimidation would have been more anxious than endeavours for preserving them from influence operating in the way of corruption: for fear of evil operates with much more effect than hope of good. The anxiety /endeavour/ would not have applied itself exclusively to intimidation issuing from the crown /throne/: it would have extended itself to intimidation issuing from any source whatever.

    By secresy of suffrage, combined with other arrangements here provided, Miselection by /from/ reason of influence acting by corruption may, it will be seen be effectually /sufficiently/ excluded: may now and might have been at all times. But by secresy of suffrage alone, Miselection by reason of influence acting by intimidation may now, and at all times might have been excluded to /in/ a much more perfect degree excluded.
  • Title: [1819 Oct. 4 Parl. Reform Bill]
    Description: 1819 Oct. 4

    Parl. Reform Bill

    Reasons ult o

    §.5 Election apparatus

    §.8. Election how

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    Note (a[?])?

    Some cases /One case/ it is true there are in which the secret mode is not of itself capable of providing adequate /full/ security against the evil in question; against the evil which has place in so far as /where/ the direction given to the vote is not accompanied by a wish pointing in that same direction: meaning always a wish that wish being one /the same/ that would have been entertained without the expectation of any good as eventually about to accrue to him other than the good consisting in the service done by a good Election choice to the universal interest, and thence to his share in that same universal interest.

    Such is the case for example where the good administered the bribe (for such in this case it is) given before the delivery of the vote: the confidence being in the voters gratitude, or in his sense of honour, that is his fear of reproach at certain hands on the ground of perfidy. But in /for/ this case in addition to secrecy of suffrage other securities are here provided: securities which havens but for secrecy of suffrage would be altogether inadequate. See[?]

    And in comparison of the evil produced by terrorism – meaning the mischief in the shape of Miselection, over and above all the evil produced in those other shapes that will be seen, the utmost evil that can be produced by bribery and corruption will be seen to be inconsiderable.

    Not that in this case though to the vote given the wishes entertained by the voter may at the time of voting have been perfectly conformable, yet in this case the wishes to which it is conformable are not the wishes that would have had place had it not been for the bribe whereas /but/

    {The supposition is – the only supposition upon which the system of election is ever endeavoured to be justified – the supposition is that the wish of the Elector is that it is upon the fittest Candidate that /should always be he on whom/ the choice may fall: the fittest that is the one who is likely to render most service to the universal interest and thence to the Elector’s share in that same universal interest. But by no person can it be imagined that by the private benefit so rendered to the individual a man is constituted the very man likely to render in the greatest degree of perfection that public service. (With J.B.s proof of aptitude from relick[?])}
  • Title: [1818 May 10 Parl. Reform Bill]
    Description: 1818 May 10

    Parl. Reform Bill

    3 o Text Exposition

    VIII Penal Securities

    5

    3

    III Offences tending by means of deceptious conduct /deportment/ /practice/ to

    produce Miselection /{Wrong Election}/ are as follows, viz.

    1. Where in any Election District for the purpose of causing {the} /an illegitimate/

    vote {of a person not entitled to a vote therein} to be received and take effect as

    if such illegitimate were a legitimate vote /it were legitimate/ any person causes or

    endeavours to cause, himself or any other person to be in possession of some /any/

    {such} Voting Card, or any written instrument purporting to be a Voting Card, {the

    same not} with the intent /for the purpose/ that such Voting Card /Card or

    instrument/ shall be applied to the purpose of voting in that same district by some

    person in whose favour no genuine /legitimate/ Vote-conferring

    Certificate has been obtained: and who therefore can not have it in his power

    by the delivery of any such Certificate to the Voting Clerk to entitle himself to

    {receive and} apply to use a Voting Card {by the delivery of any such

    Certificate}.