void to-morrow, by the dissolution of
their own house. Yet, while the same parliament sits, the
disqualification continues, unless the vote be rescinded; and, while it
so continues, makes the votes, which freeholders may give to the
interdicted candidate, useless and dead, since there cannot exist, with
respect to the same subject, at the same time, an absolute power to
choose and an absolute power to reject.
In 1614, the attorney general was voted incapable of a seat in the house
of commons; and the nation is triumphantly told, that, though the vote
never was revoked, the attorney general is now a member. He, certainly,
may now be a member, without revocation of the vote. A law is of
perpetual obligation; but a vote is nothing, when the voters are gone. A
law is a compact reciprocally made by the legislative powers, and,
therefore, not to be abrogated but by all the parties. A vote is simply
a resolution, which binds only him that is willing to be bound.
I have thus punctiliously and minutely pursued this disquisition,
because I suspect, that these reasoners, whose business is to deceive
others, have sometimes deceived themselves, and I am willing to free
them from their embarrassment, though I do not expect much gratitude for
my kindness.
Other objections are yet remaining, for of political objections there
cannot easily be an end. It has been observed, that vice is no proper
cause of expulsion; for if the worst man in the house were always to be
expelled, in time none would be left; but no man is expelled for being
worst, he is expelled for being enormously bad; his conduct is compared,
not with that of others, but with the rule of action.
The punishment of expulsion, being in its own nature uncertain, may be
too great or too little for the fault.
This must be the case of many punishments. Forfeiture of chattels is
nothing to him that has no possessions. Exile itself may be accidentally
a good; and, indeed, any punishment, less than death, is very different
to different men.
But, if this precedent be admitted and established, no man can,
hereafter, be sure that he shall be represented by him whom he would
choose. One half of the house may meet early in the morning, and snatch
an opportunity to expel the other, and the greater part of the nation
may, by this stratagem, be without its lawful representatives.
He that sees all this, sees very far. But I can tell him of greater
evils yet behind. There is o
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