30 Aug 1809

Parl y. Reform

Ch Curwen's Act

3

3

The persons to whom the mischief and guilt of bribery & corruption ought to be imputed are - not the bribed or bribers - but those who rival[?] a state of things in which such corruption is unpreventable. So of Perjury &c of Jurors &c Bribery of an Examiner &c two [...?] made necessary.

The act has two professed objects.

One is to prevent places from being given for seats by Ministers.

The other is to prevent money or money's worth from being given for seats by persons at large.

Of these the effect (and can it be too much to say the design?) the effect at any rate is to facilitate and protect what it professes to prevent.

What it forbids to be done - it forbids to be done - how? - answer "by any express Contract or Agreement." - What then is the inference? that it may be done "by any" implied "contract or agreement": by any contract or agreement that is not " express". Now as to any thing that could never be called an express contract or agreement, in what instance was such a business ever done? In none whatever. What then is it that is done by the pretended prohibition? It prohibits, though even that in a manner that as will be seen presently would never be effectual, the doing the thing in a manner in which it never was done, nor ever would be attempted: and in and by the very terms of the pretended /this sham/ prohibition, it tips the wink to the intended transgressor, and points out to him that he is still at perfect liberty to do it in the only way in which it would ever have entered into head to attempt doing it.