he vote from losing
its efficacy; it must begin by operating upon themselves, and extend its
influence to others, only by consequences arising from the first
intention. He that starts game on his own manor, may pursue it into
another.
They can properly make laws only for themselves: a member, while he
keeps his seat, is subject to these laws; but when he is expelled, the
jurisdiction ceases, for he is now no longer within their dominion.
The disability, which a vote can superinduce to expulsion, is no more
than was included in expulsion itself; it is only a declaration of the
commons, that they will permit no longer him, whom they thus censure, to
sit with them in parliament; a declaration made by that right, which
they necessarily possess, of regulating their own house, and of
inflicting punishment on their own delinquents.
They have, therefore, no other way to enforce the sentence of
incapacity, than that of adhering to it. They cannot otherwise punish
the candidate so disqualified for offering himself, nor the electors for
accepting him. But if he has any competitor, that competitor must
prevail, and if he has none, his election will be void; for the right of
the house to reject annihilates, with regard to the man so rejected, the
right of electing.
It has been urged, that the power of the house terminates with their
session; since a prisoner, committed by the speaker's warrant, cannot be
detained during the recess. That power, indeed, ceases with the session,
which must operate by the agency of others; because, when they do not
sit, they can employ no agent, having no longer any legal existence; but
that which is exercised on themselves revives at their meeting, when the
subject of that power still subsists: they can, in the next session,
refuse to re-admit him, whom, in the former session, they expelled. That
expulsion inferred exclusion, in the present case, must be, I think,
easily admitted. The expulsion, and the writ issued for a new election
were in the same session, and, since the house is, by the rule of
parliament, bound for the session by a vote once passed, the expelled
member cannot be admitted. He that cannot be admitted, cannot be
elected; and the votes given to a man ineligible being given in vain,
the highest number for an eligible candidate becomes a majority.
To these conclusions, as to most moral, and to all political positions,
many objections may be made. The perpetual subject of polit
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