[129b-447]

16 March 1817

Plan Cat

2 o

Introd

§18. Defence

2

made in the only way in which by /among/ Honourable Gentlemen it is either natural or needful that they should be made, the influence of the Crown howsoever encreasing ought not at that time at any rate (June 1 and 7 1809) ought not to be diminished. that it was by the scandalousness i.e. the notoriety i.e. the exposure to restraint and not in the sufferings in any shape produced by an offence that the demand for punishment to be attached to an offence consists: and that accordingly forasmuch as when performed /consummated/ by a contract which was not an express but only an implied one no scandal is produced therefore {such being the case that contracts by which in the mode in which as on other occasions so in /on/ that of /by/ the purchase of seats the influence of the Crown is encreased} when it is in this mode that /in so far at least as/ the encrease is produced /effected/ the effects of it on the Constitution are not as the vulgar men in question might suppose of a pernicious but of a beneficial and salutary nature.

Heartily sorry am I that it is not in my power to see the matter of influence in the same convenient and cheering point of view: on a great variety of accounts it would be convenient to me in the extreme: but alas! it is not in my power.
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  • Title: [[129b-443] 16 March 1817 Plan]
    Description: [129b-443]

    16 March 1817

    Plan Cat

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    §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
  • Title: [1818 May 15 Parl. Reform Bill]
    Description: 1818 May 15

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  • Title: [[129b-448] 16 March 1817 Plan]
    Description: [129b-448]

    16 March 1817

    Plan Cat

    2 o

    Intro

    §18. Defence

    Inserendum

    One supposition indeed there is on which it might be not altogether so easy for the Right Honourable arbiter to afford a compleat acquittal to /acquit/ the Noble Lord. This is that in and by the article what in the case in question is supposed to have been employed in the capacity of an instrument of corruption an addition was made to the quantity of that matter antecedently existing at the disposal of the Servants of the Crown and destined to be applied to the purpose of sinister influence /the sort of influence here in question/. Antecedently to the establishment of the Board of Controul, that any part of the patronage of British India was in the hands of the Crown. At the time in question by the example in question it appears that a part of that patronage viz. one writership was at the command of the Servant of the Crown viz. by means[?] of the Presidency of the Board of Controul. For, one of these Writerships was it seems at the command of those faithful servants ready to be employed in the purchase in question in the purchase of the next presentation to a seat. At that time what may have been, since that time what may be, the number of those articles transferred from the East India Directors and lodged in the hands of the Board of Controul and incidentally or customarily and regularly applied to this convenient and accommodating purpose? This is the article of information, the attainment of which if practicable might, if it were only in the way of gratification to the appetite of curiosity, have its use.