JB_129_411.xml

Title: [[129b-411] 16 Mar. 1817 Parl]

Description: [129b-411]

16 Mar. 1817

Parl Cat

2 o

Introd

§.{8. Freedom of Suffrage}

10 Seat Traffic

5

p 1015

Inserendum?

{These things considered, anxious to secure themselves /itself/ against all hazards, with no less frankness than prudence, the Tories, taking the matter out of the hands of the Whigs, manufactured A o 1809 that Act /49 G.3.c./ by which the moneyed men with their money /men with money in their hands/ being with the most elaborate industry endeavoured to be drawn out of the market, the faculty and by means of that exclusion the monopoly /exclusive faculty/ was expressly reserved /reservation was made/ to the C – r General whose means of purchase are for the most part not in money but in moneys worth: expressly and by the very word express: for when as in other part of the Act proposition /the proposition/ was made to include in the description of the prohibited contract as well the case in which the agreement was implied as that in which it was express the word express was upon a division put in, and the word implied put out. So that in this particular the sense of Parliament was on that occasion not merely by implication but in express terms and by the word express declared

That to the frankness by which this proceeding stands characterised the good quality of uniformity might be added an amendment it appears was moved by L d Folkestone to the title: an amendment in virtue of which instead of standing as at present the title would have stood thus. An Act for more effectually preventing the sale of seats for money: and for promoting a Monopoly thereof to the Treasury by the means of Patronage. [+] The improvement which would thus have been made was however rejected by a majority of 133 to 28: this being the case the design thus pursued is not to be found announced in the title of the Act, nor at any less expence than that of trailing[?] through /poring over/ the body of it: but it can not be too faithfully or carefully registered in the memory and in the hearts of the people.}

[+] Cobbet’s Debates Jun 13 th 1809. Vol. XIV p.1015.

JB_129_413.xml

Title: [[129b-413] 19 March 1817 Parl]

Description: [129b-413]

19 March 1817

Parl Cat

2 o

Introd

§.10. Seat Traffic

4

Omitt?

With what shadow of reason /On what ground were it ever so slight/ could they /the/ expectation of any such self-denying ordinance be entertained, when not satisfied with the sure but to the eye of anxiety /concupiscence/ not yet speedy enough arrival of the Millennium of misrule, the Act was passed by which, {while in form[?] a prohibition was put upon the sort of purchase /trade/ in question in the case the article in which the commodity is /was/ paid for was that sort of article viz. money in quantities more or less considerable which all persons without distinction are capable of having in their hands alike acceptable /within the reach/ to all hands.} by which in express words and even by the very word express the faculty of giving office in exchange /barter/ for office a commodity of which C – r General has the monopoly was with a degree of hardyhood sufficient of itself to shew the state in which the Constitution stands, excepted from the prohibition, by which in the forms /due form/ of law, and under an assurance such as to a set of minds labouring under a less morbid state of anxiety might have been deemed sufficient, the continuance of the so prohibited practice was secured. By the Act in question (49 G.3. c.| |) buying seats with money is pretended to be restrained; restrained by penalties, by which under the circumstances of the case nobody ever has been, nor will any body ever be, restrained. By the same Act Buying seats with offices is in express terms allowed: allowed – by implication only, but that implication a necessary one, the very word express being the very word expressly employed for the giving admission to it. To any man to whom the Act, and the debates by which it was preceded are unknown, this account of the matter may have the air of a riddle. But a glance at either will suffice for the solution of it.

JB_129_443.xml

Title: [[129b-443] 16 March 1817 Plan]

Description: [129b-443]

16 March 1817

Plan Cat

2 o

Introd

§18 Defence suffrage

XIV 927 Extract[?] 926 Speech 838

{When a public abuse of any kind} When in any shape without exception a public abuse has place my notion of the matter is, that the more notorious it can be made the better because the greater the notoriety the greater if any is the chance of its being removed. “ The scandal which if not reprobated the traffic in question would “ bring upon Parliament” in this scandal and the shamelessness i.e the openness of the market it was in those accessory /collateral/ circumstances that by M r Speaker in his celebrated speech the principal part if not the whole of the evil appears to have been viewed: and that so far as concerns the share possessed by C – r General /the servants of the Crown/ in this traffic in his eyes it was not the existence of the monopoly /trusts/ in question but only the notoriety of it /it/ that in his eyes constituted /consisted/ the real evil appears but too plainly in the pains taken /but too successful labour employed/ by him in a subsequent stage of the business towards the securing to them that monopoly of it which as above was so vainly resisted by Lord Folkstone. “The great rule according to him a great rule {spick and span and made for the purpose /(a rule made it should seem for the occasion)/ was to strike at the prominent and most flagrant points of the offence: that is to say to strike at the offence in that shape and that shape only viz. in the shape of an “ express contract” that being the shape in which among /between/ persons of the class in question it was not customary nor ever could be needful that it should be committed. [+] With the whole weight of his influence – and of the additional quantity derived from the antecedent speech contended for the insertion of the word express, referring the exclusion of it to any future enactments ... which in the course of the operation of this measure might subsequently arise

[marginal heading:] the “openness of the market

[+] p.926