Considerations on Representative GovernmentMill, John Stuart
PhilosophyPhilosophy
Considerations on Representative Government
Mill, John Stuart
Representative government and representation
[Footnote 6: 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 favorable (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, 54-7, 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 _bonâ 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 euphonious 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 or with any of its
inhabitants (with the exception perhaps of his own hotel expenses)
should pass through the hands of the election auditor, and be by him
(and not by the member himself or his friends) applied to its declared
purpose.
The principle of making all lawful expenses of a charge, not upon the
candidate, but upon the locality, was upheld by two of the best
witnesses (pp. 20, 65-70, 277).]
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