JB/044/088/001

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1830 April 24 – (Written 21 May 1823.)
Const. Code

In regard to the whatsoever presumptive evidence may
have been considered as afforded by precedent & authority, this consideration
requires to be kept in mind – namely that in no instance antecedent
to the formation of the Constitution of the Anglo American U.S.
has the existence of a Second Chamber had for its cause any such consideration
as the affording a security against precipitation.

The example in view in that case has been the example
of England. But in that cause of the two Chambers the Aristocratical Chamber
the House of Lords was the Chamber first established or at least continued by the Monarch,
under the pressure of necessity because no other sufficient means
of bringing the people under permanent subjection to his own power was
ever in his hands. In this state continued the Government
from the time of the Norman Conquest till the days of Henry
the third.

In the days of Henry the third was laid the
foundation of the Second Chamber – the House of Commons. Founder
in the first instance Simon de Mountford one of the Lords by
whom a contest with the King was for some time kept up.
Second Founder the King himself. Probable Causes of foundation
two:- 1. Encrease of facility for obtaining money: consent on the part of the contributors being found
a readier & more copious copiously effective instrument than force. 2. Hope of a allied Counterforce
against the apprehended superior force of mutually confederated
Lords.

Since the restoration of Monarchy the exclusive initiative
in money matters being recognized as belonging to the House of Commons, the
place of Second Chamber considered as a source of negative power has
been occupied by the House of Lords.

But in this case by what circumstances considerations has the revived & continued
existence of the Second Chamber been produced? By any apprehended danger fear of precipitation in
the measures of the House of Commons? No. But the particular & sinister
interest of these sections of the supreme opera supreme operative power all of them acting in
confederacy against the universal interest.

No part in either instance had any such cause as the fear of evil from
precipitation & the hope of excluding it by delay, in the formation of either
House. By force alone & till t'other answers laws & institutions were ever established: by force they have been
established: by hope of gain, the reasonableness of them have has been pretended to be
proved. Where is that institution so atrocious of the excellence of which whatever
is meant by excellence demonstrations have not been procured in
abundance by the influence of that same all powerful motive?

Identifier: | JB/044/088/001 "JB/" can not be assigned to a declared number type with value 44.
Date_1	1823-05-21	Marginal Summary Numbering
Box	044	Main Headings	constitutional code
Folio number	088	Info in main headings field	const. code
Image	001	Titles
Category	copy/fair copy sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	f14
Penner	richard doane	Watermarks	b&m 1829
Marginals		Paper Producer	arthur moore; richard doane
Corrections		Paper Produced in Year	1829
Notes public		ID Number	13873
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