Passy, June 16, 1785.
I send you herewith the sketch I promised you. Perhaps there may
be some use in publishing it: for, if the power of choosing now in
the boroughs continues to be allowed as a right, they may think
themselves more justifiable in demanding more for it, or holding
back longer than they would, if they find that it begins to be
considered as an abuse. I have the honor to be, &c.
June 16, 1785.
No man, or body of men, in any nation, can have a just right to
any privilege or franchise not common to the rest of the nation,
without having done the nation some service equivalent, for which
the franchise or privilege was the recompense or consideration.
No man, or body of men, can be justly deprived of a common
right, but for some equivalent offence or injury done to the
society in which he enjoyed that right.
If a number of men are unjustly deprived of a common right, and
the same is given in addition to the common rights of another
number, who have not merited such addition, the injustice is
double.
Few, if any, of the boroughs in England, ever performed any such
particular service to the nation, entitling them to what they now
claim as a privilege in elections.
Originally, in England, when the king issued his writs calling
upon counties, cities, and boroughs, to depute persons who should
meet him in parliament, the intention was to obtain by that means
more perfect information of the general state of the kingdom, its
faculties, strength, and disposition; together with the advice
their accumulated wisdom might afford him in “such arduous affairs
of the realm” as he had to propose. And he might reasonably hope
that measures approved by the deputies in such an assembly would,
on their return home, be by them well explained, and rendered
agreeable to their constituents and the nation in general. At that
time, being sent to parliament was not considered as being put
into the way of preferment, or increase of fortune; therefore no
brige was given to obtain the appointment. The deputies were to be
paid wages by their constituents: therefore the being obliged to
send and pay was considered rather as a duty than a privilege. At
this day, in New England, many towns who may, and ought, to send
members to the assembly, sometimes neglect to do it; they are then
summoned to answer for their neglect, and fined if they cannot
give a good excuse; such as some common misfortune, or some
extraordinary public expense, which disabled them from affording,
conveniently, the necessary wages. And the wages allowed being
barely sufficient to defray the deputy’s expense, no solicitations
are used to be chosenn.
In England, as soon as the being sent to parliament was found to
be a step towards acquiring both honor and fortune, solicitations
were practised, and where they were insufficient, money was given.
Both the ambitious and avaricious became candidates. But to
solicit the poor laborer for his vote being humiliating to the
proud man, and to pay for it hurting the lover of money, they,
when they met, joined in an act to diminish both these
inconveniences, by depriving the poor of the right of voting,
which certainly they were not empowered to do by the electors
their constituents, the majority of whom were probably people of
little property. The act was, therefore, not only unjust, but
void. These lower people were immediately afterwards oppressed by
another act, empowering the justices to fix the hire of day
laborers and their hours of work, and to send them to the house of
correction if they refused to work for such hire; which was
deposing them from their condition of freemen, and making them
literally slaves.
But this was taking from many freemen a common right, and
confining it to a few. To give it back again to the many is a
different operation. Of this the few have no just cause to
complain, because they still retain the common right they always
had, and they lose only the exclusive additional power which they
ought never to have had. And if they used it when they had it, as
a means of obtaining money, they should in justice, were it
practicable, be obliged to refund and distribute such money among
those who had been so unjustly deprived of their right of voting,
or forfeit it to the public.
Corporations, therefore, or boroughs, who from being originally
called to send deputies to parliament, when it was considered
merely as a duty, and not as a particular privilege, and therefore
was never purchased by any equivalent service to the public,
continue to send, now that by a change of times it affords them
profit in bribes, or emoluments of various kinds, have in reality
no right to such advantages; which are besides in effect
prejudicial to the nation, some of those who buy thinking they may
also sell.
They should therefore, in justice, be immediately deprived of
such pretended right, and reduced to the condition of common
freemen.
But they are perhaps too strong, and their interest too weighty,
to permit such justice to be done. And a regard for public good in
these people, influencing a voluntary resignation, is not to be
expected.
If that be the case, it may be necessary to submit to the power
of present circumstances, passions, and prejudices, and purchase,
since we can do no better, their consent; as men, when they cannot
otherwise recover property unjustly detained from them, advertise
a reward to whoever will restore it, promising that no questions
shall be asked.