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1823. June 12
Constitut. Code.III Rationale
Ch. Legislative
What is the situation in which their is felt in its the of efficiency of this bar to a seat
in the legislature would be felt in its highest force? highest force? It is that situation which is composed of power
without obligation in which in the fruits of office all bitter has
been extracted out of the sweet, the sweet has been extracted for use
and the bitter left behind. It is that of a Member for example of
the English Parliament. Take either House. Of the Majority all ill-disposed:
Minority some a few well-disposed. On the part In the breasts of the well-disposed, on
the scale of duties first comes amusement in all its shapes, then
serving ministering to the particular interests of self and connections; lastly, ministering
to the public interest. See those matters which belong to this
topic brought to view in detail in Benthams Parliamentary Reform Catechism Introduction Ch.
When a man says No man of worth would accept of the
situation on such terms what he means is – neither I myself
no any whom I am in the habit of esteeming who have a place in my esteem would. If this
be what he means a man not belonging to either of those bodies
delivers any such aphorism as above says that which assuredly
has more or less truth in it. In From the society in which he has
been bred, all sense of positive obligation has stood excluded. Negative
obligation, yes: of that he has, all along had the sense: by the fear of
being annoyed in return he has felt himself bound not to annoy others.
But as to the doing anything that he does not like, for in self himself individuals or even for himself it is a thing unusual to him,
for the public at large, unprecedented.
But, from an exclusion put upon such men of worth in what
shape would the public interest be so sufferer? No in every shape it would
be a gainer. By early habitual opulence a men with not one exception out of a thousand men were rendered irremediablely
inapt for legislative business: inapt in respect of every channel of appropriate
aptitude. What is the practical inference? That they ought to be excluded
by him? No: that would be neither practical nor needful. Both practicable and useful and the only arrangement
most would be so is this by which unintermitted attendance is rendered indispensable. No man stands excluded but he
who chooses so to be: and by this single circumstance, if his proof conclusive is given of his relative inaptitude.
Note (a)
In the House of Commons 40 out of the 658 are necessary and sufficient
to make a House: that is to say to give validity to the proceedings of it. Assembly
Aº 1823 out of days in which according to the relations attendance ought to
have been given on which for want of a House no business into it
done.
The Among the laws in relation to which individual feeling is naturally most
intense, and which at the most uninformed were apt to hold themselves
competent Judges use what common sense says. By an Act of 1822 the extraordinary inaptitude of
misery in one common mass had been produced. Aº 1823 a proposed Law was introduced
for remedy: when the fate of it came to be decided present in the Commons, out of the out of the 658, 3 in the House
of Lords out of the , .
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