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constitution has been likened to a pyramid , ofwhich the broad base supporting the whole is formed of the people ; the middle portion is the aristocracy of rank , property , talents ,. and acquirements ; aria on the narrow summit resto the Crown . The judicial power , pure and unsullied , calmly-exercised by men independent of all the other orders , and removed from all faction , partaking neither of its fury nor its delusions , forms a mighty zone which girds the pyramid round about , connecting the loftier and narrower with , the humbler and broader layers , binding the whole compactly together , and
repressing the encroachments and smoothing the ruggedness of any of its parts . But the essential part of the aristocratic element must never be forgotten o ( r overlooked . Nothing else can protect liberty from an arbitrary sovereign , or from the more insupportable tyranny of the multitude ; more insupportable , because pervading the whole community , While the single despot affects only certain classes . So deeply impressed with this truth are some sound friends of liberty , advocates of popular government , that they deem a landed aristocracy the indispensable condition of free constitutions . But whether one kind
of aristocracy alone can prevent the usurpation both of an individual and of the multitude , our mixed monarchy is safe on either supposition . ( Hear . ) To admit that thisgreat poKticalstructure has imperfections , or that into its administration abuses have found their way' is only to confess that it is the work of man and by men administered . Let it be granted that the representation is defective , and that classes are excluded whose admission is required both by considerations of justice and by the public interest . Still see what a prodigious benefit the existing state of things confers upon the people in -their rights and their interests of every description . The business of
the State is conducted in public ; in public every matter is discussed by the two Houses ; and there is hardly any restraint by law , certainly none whatever in practice , upon the complete discussion both at popular meetings and through the press . Then , besides the security of life , liberty , property , and reputation under the law , there is this farther protection from oppression or abuse of any kind to even the humblest person in the cb ' ramunity , —that without his having recourse to the law he can make ^ grievance , known to Parliament and to the publica protection which almost always prevents any cause of complaint . Contrast the security from injury thus enjoyed by our fellow citizens with the
exposure to oppression and injury of various kinds of which the inhabitants of other countries complain ,- —countries where there is' no Parliament , no public meetings , " 'jpress , or , what is worse than none , —a fettered , partial , corrupt press ; ' and you will readily believe ! that the people of those countries would be glad to exchange their fine climate , fertile territory , and slight taxation if they might , with our darker sky , reluctant soil , and heavy burthens , have a Parliament and a public Which should make the sacrifice of their lives and fortunes to the caprice of a ruler and the malversation and oppression of his servants an : absolute impossibility . This , then , is that mighty system of government which
bestows such unspeakable blessing upon our country , and has truly been called the envy of the world . His lordship then spoke of the manner in whiqh the blessings of the constitution were nullified by the crimes of " bribery and pferjurjf- and other forma of electoral Corruption . These are greater crime ' s than the propagation of immbVality , kind perjury" throughout the cornrounity j but the relation of the principal and the agent is the same i and' the former is equally guilty , though of a somewhat lesser offence . I say a somewhat lesser offence ; for I never shall forget the exclamation of an honest and experienced judge , ttje . late Mr . Justice Williams , in conversation with Lord Ponnian and my self , that ho felt a horror at
seeing perjury committed before his byes , only to be surpassed by the" sight of murder . On our expressing a doubt whether he did not rato too high a degree Of guilt ; , unhappily too often incurred , •? No , " eajk } . he , " and that only increases my ; horror of it , but , were it confined to a single instance , what shall we say of his crime who deliberately calls upon t ^ ho Almighty Judge of all the world to witness and to punisli his falsehood ? " What would this honest and learned judge have folt , on seeing scores of mon who had already voted , driven up by the zeal of nn unscrupulous election agent , and
again tendering their votes with the solemn oath tbat they had not polled before ? and . all for the purpose of gaining time that expected votors might arrive before the close , the books of the poll-clerks tanking It certain that their , second votes could not be recolvod ; or what would have been his footings had he seen the inhabitants of a town filled , with his old clients ,, generally and habitually selling their votes fora price , and with their minds made up , after having received Jit , to swoar upon tho Gospels of God that they had got neither reward nor promise of reward from any person whatever .
The various tricks resorted to ori these occasions clearly indicate the extreme anxiety tx > obtain tha , t which is equivalent to political power . There seems no bound to this desire , no labour which men will not undergo , ho suffering they will not endure , to grasp iH The loss of the seat is all the penalty that we denounce to deter the great malefactors . While the African slave trade was only punished by the forfeiture of the ship , it mocked the law , because the profits of a successful voyage covered the loss of many failures . But when I made slavetrading felony , the pirate who had cheerfully run all pecuniary hazards would not expose himself to be transported as a felon , and the execrable traffic candidates and their
ceased . So it is clear that agents , whom no dread of defeat or expense can restrain , will shrink from the hazard of an infamous punishment , when they see the tread wheel as well as the House of Commons at the end of the path which leads from the hustings . Unhappily , the offence of bribery is treated too lightly , both by parties , and by the public . It seems to be taken for granted that all men would bribe if they could ; the only shame is being found out , and that sits very lightly . In a late newspaper discussion of the subject the comparison between drunkenness and bribery in this respect was very ingeniously and very soundly instituted . There is something ludicrous
in both ; and as crowds flock to see an actor play the drunken man , so do they flock to an election committee to hear of a kitten sold for SOi ., and a 20 / . bank-note found in the teapot of a voter ' s wife . But serious—truly serious—nay tragical are the consequences of ^ he one fault and of the other . They vrho laugh at the mimic exposure of intemperance would be shocked to witness the real midnight orgies of the gin palace , and would perhaps shed tears over the wretched home , forlorn wives , and starving children of its frequenters ; an 1 they who have made themselves merry at the committee with the gibes of counsel or the tales of witnesses may shud-Jer to reflect on the consequences of electoral corruption , to dish t
must always end in a great loss to both parties , but dreadful to the poor men whose families suffer severely in the meantime , and who , after they have been defeated , are sure to find a great diminution of employment from the injury inflicted upon the masters . . On Tuesday morning Sir W . Paoe Wood delivered the opening address on the section devoted to jurispru dence and the amendment of the law . After a high compliment to Lord Brougham , Lord John Russell , and Mr . Napier , his predecessors in that department , he proceeded to direct attention to some parts of our law which required remedy , and which the members of the Association could assist the
department to carrying into effect . He denied that the members of the legal jlrofession were unwilling to lend themselves to the reform of the law , as , he contended , that it would be found from the earliest times that the judges of the land had been before the community itself in their efforts to remedy the defects of our jurisprudence . Sir W . P . Wood referred to improvements that had taken place , and to those which were required in our courts of law , congratulating the Association on the progress which had taken place , and especially in the Court of Chancery , of late years . He also noticed some of the improvements which had been effected in our common law courts ,. the immense facilities given for
the production of papera and documents , and still more important , the reformation in the examination of witnesses , all of -which had been productive of great advantage to the public . There was another topic on which they were all interested—the law affecting bankruptcy and insolvency . That question lias already occupied the attention of the Association , and a committee which had been formed had framed a bill which met the assent of the leading commerr cial bodies in all the large towns in the country , and he urged them to press it on the attention of the
itself a great offence * and leading onescourses that end in still greater delinquency . It seems , indeed , but too probable that the prevalence , of corruption will be used as a reason against granting elective rights , with the duty attached , to those who are not at present allowed to possess it . The adversaries of this extension dwell much upon the ignorance of the great body of the people , and not merely their imperfect education , but their having no habits of reflection and deliberation , it is true tliuy would be unfit to be entrusted with a voice upon measures upon policy , foreign or domestic ;• but upon the question who shall be deputed to represent them in Parliament they might be trusted . There are , however , other besidetheir to be taken into
legislature as soon as it was called together . He then spoke of the importance of establishing a department , of justice , recommending the appointment of a board similar to those of trade and education , of which the Lord Chancellor should be the head , and a vice-president or minister of justice in the House of Commons . The lion , gentleman , in conclusion , enforced the necessity of having a higher standard of legal education , insisting on the importance ot examinations being instituted preparatory to a " call " to the bar .
A paper was afterwards read by Mr . Daniel , Q . C ., " 0 u tl » e effect of ruceut Iceioruis iu tlie Court of Chancery . " In the department of Education , Mr . Horace Maniii Sir Stafford Nbrthcote , and Mr . Edwin Chadwick ^ assisted . In that of Punishment and Reformation , papers were read by : — Mr . J . T . Dawson , on " The Criminal Statistics of Liverpool . " Mr . John Taylor , " Oni Drunkenness , as an Indirect Cause of Crime , " which comprised a variety of important statistics with reference to the number of public houses in England , their proportion to the population , the amount of money
antlrihgs , ignorance the account % and a grave doubt arises whether men deserve the franchise who value it so little that they will not deprive themselves of any indulgence in order to acquire it . While some reasonera contend that the people are disqualified for the exercise of the franchise , in other words , for the possession of political power , by want of information , and some would withhold it because of their evil habits , there has been at all times , but never so much a 3 of late years , a disposition in a large and important body to assume power by acts , sometimes of doubtful legality , and always leading by their almost unavoidable consequences to a breach of the law . I allude to corabinawith resolution
riiially Spent in intoxicating liquors , &c . The paper was illustrated by a map of the metropolis . Mr . J times Cropper , " The Licensing System . " A pa , per on Intemperance , regarded in its Chief Causesj its Relation to Crime , and its Remedy , " was read by Mr . Thomas Baker , in the absence of Dr , Lees , the author . Jri the evening a conversazione 'Was held in St . GoorgeVHall , whieh was numerously attended , a large proportion of the associates present being ladies . In the course of the evening a meeting was held in the Council-room , at which'Miss Carpenter explained tho difficulty of carrying out tho provisions of the net of parliament in reference to reformatory schools . A conversation
foltiohs for raising wages , accompanied a not to work either for more than a certain time or for less than a certain remuneration . If the proceeding is connected with any plan of preventing others from working , either by actual violence or by threat , it is manifestly an offence and severely punishable ; but , without any violence or menaces , the raising a fund to keep one class idle by supporting them when they refuse to work , except on the terms prescribed by the body , terms to which their employers cannot or will not yield , and the waylaying another class coming from tho country , offering to pay tho journey back if they join in the refusal , approaches very near an unlawful conspiracy ; or , if it be not absolutely illegal , ia in the highest degree oppressive to the employers , because it deprives them of the ordinary advantages of competition ^ placing the
lowed , in the course of which Mr . Adshcal , of Manchester , confirmed the statement of Miss Carpenter . Mr . J . 11 . Jeffreys read a long « nd elaborate report on taxation , direct and indirect , adopted by the Liverpool Financial Association . Tho arguments In fuvour of direct taxation were laid down at great length , and the objections usually urged ngamst ic severally answered . At the conclusion of the pAper , Mr . Jeffreys intimated his intention , when the other papers were read , of moving a resolution to tho effect that the principles enunciated in the paper ho had road were Bound , and should lie adopted by tho the
whole relations of labour in a false and unnatural position . The fallacy is enormous by which the abourors , complaining of machinery as throwing hands out of work , hold that they ought to share directly with the employer in the gains which tho machinery enables him to make . Ttfoy do hhare in those gains , bub not directly . The capital saved must always be employed in paying * ft > r labour $ and the machinery that saves labour in one lino to tho capitalist enables him to employ more labour in other linos } the great probability being that ho will employ It in the line to which he and his workmen arc accustomed . TU . e combination of masters is tho inevitable consequence ofrthc combination oi men : and , as they have capltalto draw upon , whioh is a far . more certain and secure resource of supply than tho contributions of tho men , uuoh a conflict
Chancellor of the Exchequer as speodlly as legislature might find it possible . ' _ On Wednesday morning Mr . Adderley , MJf . president of tho second department , delivered an ossay on education in St . Georges ' u-IihII . The hpn . ffentloman said : — "My subject is tho basis of nil social service . Mr . Cobden said rightly tho other day , the basis of all free citizenship ought to bo education . If ^> men , be they householders or not , are flt to * exorcise oven a voice in citizenship , without adeauato education . There Is a still more comprehensjjvefvlew of education , prior to all other , common to all . The whole of this life is education for 'future permanent life . Under cover of this overriding echerae we hare
Untitled Article
¦>* . 4 <* x Oct . 15 . 1859 . T jf HE LEADER . 1145
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Citation
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Leader (1850-1860), Oct. 15, 1859, page 1145, in the Nineteenth-Century Serials Edition (2008; 2018) ncse.ac.uk/periodicals/l/issues/vm2-ncseproduct2316/page/5/
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