date

[129b-496] 30 Apr 1817 Plan
[129b-496]

30 Apr 1817

Plan Cat

Addenda

2 o

Introd

§.10. Bribery and Terrorism

1

Inserendum to 2

d

Edition

§. The existing system of terrorism a violation of the Bill of Rights

By the Bill of Rights it is declared in so many words “That Election of Members of Parliament ought to be free [+] But if free against terrorism from one quarter, so against terrorism from any other quarter: for in so far as by terrorism from any quarter so ever they are rendered otherwise than free how can they be said to be free?

True it is, that the terrorism which on that occasion furnished the direct object of complaint, was that terrorism alone of which in a direct way the power of the Monarch was the source. “Whereas the late King James the second (says the reciting part) “by the assistance of divers evil Councillors, Judges and Ministers employed by him, did endeavour to subvert and extirpation the laws and liberties of this kingdom”: and thereupon comes the clauses correspondent to the above enactment, viz. N o 7 “By violating the freedom of Election of Members to serve in Parliament.” But so long as /in so far as/ the effect the only mischievous part of the effect of this violation is produced in any way viz. the causing the return of such Members as by the Monarch shall be engaged to sacrifice to his and their particular and sinister interest the universal interest, what matters it whether it be by such direct means as were then in use or by any other means direct or indirect?

[+] 1 W & M. Sess. 2. c.2.§ 1
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    True it is that in those days to no inconsiderable extent terrorism had place terrorism operating to the profit of the sinister interest of the Country Gentlemen, true it is that under and notwithstanding that terrorism, that sort and degree of security which was afforded by the Revolution was afforded: afforded to the people, and by a Parliament. True: and /but/ why? Even because though even then not so perfect an instrument as it ought to have been and might have been, still such was the madness of the Monarch, that in the hands of the people it became an instrument of security of security as against the Monarch.

    At the present time, through /from/ /by/ the concurring operations of several causes, in the number of which the terrorism by means of which the lower and middling classes of the people are held in bondage by the higher, and together with so many other liberties the liberty of suffrage taken from them, the Parliament it has been rendered an instrument in the hands of the Monarch – capable of being employed, and but too really extensively[?] and constantly actually employed, against the people.
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    True it is moreover that, at that time, although bribery was contrary to the letter of the law, terrorism in that shape in which it is to the profit of individuals in the first instance that it exercises itself was not contrary to the letter of that same or any other law: for since neither then /before that time/ nor since has the secret mode of voting been ever in use, thence so it is that so far the liberty /faculty/ of suffrage was exercised under the yoke of terrorism. But from this observation /state of things/ what follows? Only that for the giving field to an acknowledged principle the regulations of detail the necessity of which is above /beyond/ dispute had not yet been made: a case which throughout the whole field of legislation is in other instances brought to view by every day’s practice.

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    Democratic ascendancy – the very system above ventured to be brought to view and advocated – democratic ascendancy in other words dependence of the Monarch on the body of the people – democratic ascendancy – the result of its {two} efficient causes – on the part of the Monarch perpetually recurring need of money – inability of obtaining it in sufficient quantity but by the free consent of the body of the people – on the part of the representatives of the people dependence where due, viz as towards the people, followed by independence where due viz. as towards the Monarch – such was the state of things during that long /long-lasting/ and auspicious period: no disuse of Parliaments for the purpose of tyrannizing without controul /by terrorism/ as under {the most mendacious {as well as} faithless though among the ablest of tyrants} Elizabeth: no perpetuation of the same Parliament by the means of corruption and for the hope and comfort of misrule, as under the last but one of the Stuarts. Prorogations altogether unknown: /On occasions more than one/ Parliaments more than one or even two in the same year: Years few without a Parliament comparatively few: of the continuance of one and the same Parliament for any such space as two years not a single example.