Representative Government [87]
tolerates a false disclaimer, only when it already tolerates the thing disclaimed." This is notoriously the case with regard to electoral corruption. There has never yet been, among political men, any real and serious attempt to prevent bribery, because there has been no real desire that elections should not be costly. Their costliness is an advantage to those who can afford the expense, by excluding a multitude of competitors; and anything, however noxious, is cherished as having a conservative tendency if it limits the access to Parliament to rich men. This is a rooted feeling among our legislators of both political parties, and is almost the only point on which I believe them to be really ill-intentioned. They care comparatively little who votes, as long as they feel assured that none but persons of their own class can be voted for. They know that they can rely on the fellow-feeling of one of their class with another, while the subservience of nouveaux enrichis, who are knocking at the door of the class, is a still surer reliance; and that nothing very hostile to the class interests or feelings of the rich need be apprehended under the most democratic suffrage as long as democratic persons can be prevented from being elected to Parliament. But, even from their own point of view, this balancing of evil by evil, instead of combining good with good, is a wretched policy. The object should be to bring together the best members of both classes, under such a tenure as shall induce them to lay aside their class preferences, and pursue jointly the path traced by the common interest; instead of allowing the class feelings of the Many to have full swing in the constituencies, subject to the impediment of having to act through persons imbued with the class feelings of the Few.
* Several of the witnesses before the Committee of the House of Commons in 1860, on the operation of the Corrupt Practices Prevention Act, some of them of great practical experience in election matters, were favourable (either absolutely or as a last resort) to the principle of requiring a declaration from members of Parliament; and were of opinion that, if supported by penalties, it would be, to a great degree, effectual. (Evidence, pp. 46, 54-57, 67, 123, 198-202, 208.) The Chief Commissioner of the Wakefield Inquiry said (in reference certainly to a different proposal), "If they see that the Legislature is earnest upon the subject, the machinery will work.... I am quite sure that if some personal stigma were applied upon conviction of bribery, it would change the current of public opinion" (pp. 26 and 32). A distinguished member of the Committee (and of the present Cabinet) seemed to think it very objectionable to attach the penalties of perjury to a merely promissory as distinguished from an assertory oath; but he was reminded, that the oath taken by a witness in a court of justice is a promissory oath: and the rejoinder (that the witness's promise relates to an act to be done at once, while the member's would be a promise for all future time) would only be to the purpose, if it could be supposed that the swearer might forget the obligation he had entered into, or could possibly violate it unawares: contingencies which, in a case like the present, are out of the question. A more substantial difficulty is that one of the forms most frequently assumed by election expenditure is that of subscriptions to local charities, or other local objects; and it would be a strong measure to enact that money should not be given in charity, within a place, by the member for it. When such subscriptions are bona fide, the popularity which may be derived from them is an advantage which it seems hardly possible to deny to superior riches. But the greatest part of the mischief consists in the fact that money so contributed is employed in bribery, under the euphemistic name of keeping up the member's interest. To guard against this, it should be part of the member's promissory declaration, that all sums expended by him in the place, or for any purpose connected with it
* Several of the witnesses before the Committee of the House of Commons in 1860, on the operation of the Corrupt Practices Prevention Act, some of them of great practical experience in election matters, were favourable (either absolutely or as a last resort) to the principle of requiring a declaration from members of Parliament; and were of opinion that, if supported by penalties, it would be, to a great degree, effectual. (Evidence, pp. 46, 54-57, 67, 123, 198-202, 208.) The Chief Commissioner of the Wakefield Inquiry said (in reference certainly to a different proposal), "If they see that the Legislature is earnest upon the subject, the machinery will work.... I am quite sure that if some personal stigma were applied upon conviction of bribery, it would change the current of public opinion" (pp. 26 and 32). A distinguished member of the Committee (and of the present Cabinet) seemed to think it very objectionable to attach the penalties of perjury to a merely promissory as distinguished from an assertory oath; but he was reminded, that the oath taken by a witness in a court of justice is a promissory oath: and the rejoinder (that the witness's promise relates to an act to be done at once, while the member's would be a promise for all future time) would only be to the purpose, if it could be supposed that the swearer might forget the obligation he had entered into, or could possibly violate it unawares: contingencies which, in a case like the present, are out of the question. A more substantial difficulty is that one of the forms most frequently assumed by election expenditure is that of subscriptions to local charities, or other local objects; and it would be a strong measure to enact that money should not be given in charity, within a place, by the member for it. When such subscriptions are bona fide, the popularity which may be derived from them is an advantage which it seems hardly possible to deny to superior riches. But the greatest part of the mischief consists in the fact that money so contributed is employed in bribery, under the euphemistic name of keeping up the member's interest. To guard against this, it should be part of the member's promissory declaration, that all sums expended by him in the place, or for any purpose connected with it