Commentaries on the Laws of England, Book the FirstBlackstone, William, Sir
History
Commentaries on the Laws of England, Book the First
Blackstone, William, Sir
Law -- England; Law -- England -- History
commons, all amendments in the mode of taxation are sure to be
rejected.
[Footnote t: 4 Inst. 29.]
[Footnote u: on parliaments, 65, 66.]
[Footnote w: Year book, 33 Hen. VI. 17.]
NEXT, with regard to the elections of knights, citizens, and
burgesses; we may observe that herein consists the exercise of the
democratical part of our constitution: for in a democracy there can be
no exercise of sovereignty but by suffrage, which is the declaration
of the people's will. In all democracies therefore it is of the utmost
importance to regulate by whom, and in what manner, the suffrages are
to be given. And the Athenians were so justly jealous of this
prerogative, that a stranger, who interfered in the assemblies of the
people, was punished by their laws with death: because such a man was
esteemed guilty of high treason, by usurping those rights of
sovereignty, to which he had no title. In England, where the people do
not debate in a collective body but by representation, the exercise of
this sovereignty consists in the choice of representatives. The laws
have therefore very strictly guarded against usurpation or abuse of
this power, by many salutary provisions; which may be reduced to these
three points, 1. The qualifications of the electors. 2. The
qualifications of the elected. 3. The proceedings at elections.
1. AS to the qualifications of the electors. The true reason of
requiring any qualification, with regard to property, in voters, is to
exclude such persons as are in so mean a situation that they are
esteemed to have no will of their own. If these persons had votes,
they would be tempted to dispose of them under some undue influence or
other. This would give a great, an artful, or a wealthy man, a larger
share in elections than is consistent with general liberty. If it were
probable that every man would give his vote freely, and without
influence of any kind, then, upon the true theory and genuine
principles of liberty, every member of the community, however poor,
should have a vote in electing those delegates, to whose charge is
committed the disposal of his property, his liberty, and his life.
But, since that can hardly be expected in persons of indigent
fortunes, or such as are under the immediate dominion of others, all
popular states have been obliged to establish certain qualifications;
whereby some, who are suspected to have no will of their own, are
excluded from voting, in order to set other individuals, whose wills
may be supposed independent, more thoroughly upon a level with each
other.
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