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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
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Observations on the Duke's dispensing power |
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