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COMPOSITION. Consolidation. Obstacles to from | [ ] subsisting Forms Parliamentary
VOLUME Obstacles to — Forms. Money Bills unamendable.
Another objection which will not fail to present itself
to some, is that it contains many things in it are inconsistent
with Parliamentary forms: that is, in any other
words, that it is different from the plan in use already;
which comes after all to the old prejudice
of an abhorrence of every thing new, merely because
it is new.
But they who are masters of what is enacted, shall be
are they not masters Lord of the Sabbath. also of the ceremonies preparatory
to enactment? And are forms of any value
but as they are subservient to certain ends? & when if
it can be shewn that these ends can better be answer'd
by a new form, [obnoxious to no other
or no greater objections than the old one] must the
old one with it's inconveniences be entailed on us
for ever? It is with but an ill title that we look down upon on the scene of the veto of we look down upon the Poles as a subject of pity Polish constitution with an air of superiority. Is it consistent with pro probability, any
more than with respect, to suppose in the wisest head,
of the nation, any such a disposition as that of sacrificing to sacrifice ends to
means, of embracing holding fast the worse, what is worse with the better before
their eyes, & adhering to usage without reason &
against reason?
Every one a suffer er, & none a quiver The Upper House Lords at whose expence this privilege is made Midas's situation
The Commons suffer, which leaves them all impotent, to do good; all-powerful to prevent it: unless it be said, that when there is any thing in a Bill composition of the Lower House that will admitt of being made of better, it is so bad, that as alterations can make it of any useful: in short, unless the summit of excellence in this walk is bounded immediately by the abyss of depravity. The People suffer, He who is ........ must maintain With humble earnestness I would intreat that august assembly with those in whom
it rests, at what an expence of national utility this their invidious privilege
is maintained. If not surrender'd utterly, let it be at least suspended. or let a Bill not go for a money-Bill in general, saving their right to declare it met in any particular instance. especially with regard to his of office where claim the case might admitt of a dispute.
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Among the forms which may be found more particularly
which there is the greatest danger of being tenaciously adhered to to stand in the way of this [design.] & every other attempt
at reformation, may it be permitted to mention one
which from the delicacy of the subject, has not hitherto now yet
found men willing to bring it solemnly upon the carpet.
I mean that according to which every Law sanctioned by pecuniary
is deemed a money bill, + + It is not so. Qu. the true distinction. & as such
a form the upper House the most congenial & essential to the constitution
according to the original spirit of it, the most incongruous
conscious with & prejudicial to it, according to the modern
interpretation. a right established to the only all those methods by which any rights of the 2 Houses can be established, by claim on the one part, & acquiescence on the other.
The very description of the two cases marks out the difference Where the turn commanded, stands absolutely &
unconditionally where the payment of it is the thing what the decrees as a burthen there it is according to
common apprehension, & let it according to legal effect be a money-Bill: where it stands
only conditionally for the purpose of ty giving force to a restraint, where the payment of it is
not to take place, there let it not be a money Bill. It has been proved observed [under I of Punishments] that the pecuniary mode of punishment where it can be applied, possesses signal advantages over every other that the Legislature has given preference to it accordingly. Every Law almost, has it's sanction of this sort: every Law almost is therefore exposed involved within the influence of this maxim. In short, not to make a plain case difficult by a multitude
of words, where payment money is required of a man without
any fault of his (excepting for of office) then (or without a
consideration for it) there it is a money Bill: where it is required
only in case of & as a consequence of default, then it is not a money Bill. A clear line of distinction may at all times to draw between the 2 case: species: [Where the raising of the money is the direct object of the Bill, there let it be deemed a Money-Bill]
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