1819 Sept. 27

Parl. Reform Bill.

Explanations

§.3. Eligible who.

Title of the Section

2

2

3. Evil of complication: thence of 1. of the place occupied in the body of laws[?] by the exclusionary arrangements: 2. of the litigation, with the delay, vexation and expence attached to that always disastrous though to so large an extent inevitable process.

In the character of causes of exclusion a number of circumstances (suppose) are established. A person to whom this or that one of those causes is supposed to apply, is elected. Here then is an Election which, supposing the existence of the cause in question duly proved becomes null: either the seat remains unfilled or a fresh Election must ensue: a fresh Election with its delay, vexation and expence.

Of /As to/ the hardship to the individual, the quantity of it will of course be the greater, the greater the number of those who /to whom/ but for the exclusion, the situation might have been an object of desire and eventual expectation.

As to the loss to the community it will be in proportion to the superiority of aptitude /appropriate aptitude in all its elements/ on the part of the person excluded when compared with that of all other persons by whom but for the exclusion the situation might have been filled.

In the instance of several of the undermentioned supposable causes of exclusion the two first of those evils will /may/, one or other, or both of them, be seen /found/ to be of little moment.

But in proportion as it has place the remaining evil – that of litigation, will in every case be a most serious one.

Not only under the existing system of technical procedure but incidentally even under the best system of natural procedure + that could be devised, under the here proposed system of annuality the delay might be so protracted, that if by the Returning Officer, the return of a proposed Member were to be refused, a Member who ought to have been elected might during the whole or the greater part of his term be kept wrongfully out of his seat: and the business of the nation in the House might receive an incalculable prejudice, proportioned to the aptitude and number of the Members thus kept out.

+ For the difference between technical and natural procedure, and the evils attached attached to the technical – see Scotch Reform Letter I