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<!-- heading and marginal summary in pencil. All text crossed through in pencil --> <head>18 <sic>Feb<hi rend="superscript">y</hi></sic> 1802 O 10<lb/>§. 8 Observations on the Duke's dispensing power</head> <p><note>Illegality<lb/>11<lb/>This plea ought<lb/>not to be admitted<lb/>even in <unclear>extremeties</unclear><lb/>Not only in itself<lb/>the offence was mischievous<lb/>but<lb/>as a provident<lb/>if unpunished<lb/>it would be dangerous.</note></p> <p>My Lord <add>it is no joke:</add> the subject is a <add>very</add> serious one — <del>it<lb/>is not a <gap/></del> a <del>dispensing</del> <add>legislative</add> power — <add>a more than dispensing <!-- continues in the margin -->power — a legislative<lb/>power — assumed/exercised<lb/>in the highest executive<lb/>situation — assumed/exercised<lb/>deliberately knowing it to be<lb/>illegal — with full<lb/>notice of the illegality<lb/>— after evading <unclear>him</unclear><lb/>notice — after receiving<lb/>it notwithstanding<lb/>such concern<lb/>— assumed<lb/>upon a false pretence<lb/>of seeing<lb/>as a statute what<lb/>is not in that statute<lb/>nor any<lb/>where else, but<lb/>in his own imagination<lb/>and his<lb/>own wishes —<lb/>such a power</add> be it exercised<lb/>by who it may besides the legislature — is no joke.<lb/>My Lord it is not necessary to be a great<lb/>man in order to <sic>committ</sic> a great crime — not<lb/>even in order to <sic>committ</sic> a great state <add>political</add> crime<lb/><add>of state</add></p> <p>To <sic>committ</sic> a great crime or even a great state<lb/>crime it is not necessary a man should have a<lb/>great personal character — or any personal character<lb/>at all. A great man is to this purpose<lb/>as well as to so many other purposes — any<lb/>man whatever in a great place. <add>Gentlemen may say what they please</add> — There is<lb/>nothing in the Duke of Portland — <add>no <del><gap/></del></add> nor even<lb/> in <sic>M<hi rend="superscript">r</hi></sic> John King — <!-- brackets in pencil -->[to prevent <del>th</del> his being<lb/>so far forth a great man as a man is <add>any man, may<lb/>make himself</add> by having committed a great crime, to prevent<lb/>his being a great man, for the purpose of committing<lb/>a great crime.</p> <p><add>There are three circumstances of greatness at any rate</add><lb/>Three things at any rate are great: <del>a great</del><lb/><add>in the case.</add><lb/>the power assumed, great: <del>the</del> <add>specifically great, if not individually</add> great in itself at any<lb/>rate [whatsoever may have been the application of it <add>object it may have</add><lb/>been <sic>employ'd</sic> to effect.] The <gap/> situation in which it<lb/>was assumed great: the office under colour of<lb/>which it was assumed great, elements of greatness<lb/>great and numerous enough of all conscience: All<lb/>else may be little little to any degree of <unclear>inexactness</unclear><lb/> without any essential <unclear>diminution</unclear> of the course. The<lb/><add>establishment</add></p> | |||
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18 Feby 1802 O 10
§. 8 Observations on the Duke's dispensing power
Illegality
11
This plea ought
not to be admitted
even in extremeties
Not only in itself
the offence was mischievous
but
as a provident
if unpunished
it would be dangerous.
My Lord it is no joke: the subject is a very serious one — it
is not a a dispensing legislative power — a more than dispensing power — a legislative
power — assumed/exercised
in the highest executive
situation — assumed/exercised
deliberately knowing it to be
illegal — with full
notice of the illegality
— after evading him
notice — after receiving
it notwithstanding
such concern
— assumed
upon a false pretence
of seeing
as a statute what
is not in that statute
nor any
where else, but
in his own imagination
and his
own wishes —
such a power be it exercised
by who it may besides the legislature — is no joke.
My Lord it is not necessary to be a great
man in order to committ a great crime — not
even in order to committ a great state political crime
of state
To committ a great crime or even a great state
crime it is not necessary a man should have a
great personal character — or any personal character
at all. A great man is to this purpose
as well as to so many other purposes — any
man whatever in a great place. Gentlemen may say what they please — There is
nothing in the Duke of Portland — no nor even
in Mr John King — [to prevent th his being
so far forth a great man as a man is any man, may
make himself by having committed a great crime, to prevent
his being a great man, for the purpose of committing
a great crime.
There are three circumstances of greatness at any rate
Three things at any rate are great: a great
in the case.
the power assumed, great: the specifically great, if not individually great in itself at any
rate [whatsoever may have been the application of it object it may have
been employ'd to effect.] The situation in which it
was assumed great: the office under colour of
which it was assumed great, elements of greatness
great and numerous enough of all conscience: All
else may be little little to any degree of inexactness
without any essential diminution of the course. The
establishment
Identifier: | JB/121/422/001"JB/" can not be assigned to a declared number type with value 121. |
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Observations on the Duke's dispensing power |
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