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SC: It’s not my legal opinion at all. It is the opinion of the Parliamentary Committee of 1842.
SC: It is a reference you are using to defend Vyse, thus a “defence”.
SC: The Beverley Bribery Commission took place in 1869 ...
... Now, unless you can point me to the particular statute with regard to ‘prior promise/contract/understanding’ and show how it was repealed or reformed between 1807-1842, then the comments of the 1842 Commissioners are perfectly relevant to Vyse’s 1807 election. And what they say is this:
Vyse perpetrated electoral fraud at the 1807 UK General Election.
The law therefore stood thus. Where there was a previous express promise of reward, whether followed by performance or not, it was clear bribery. Where, without any previous promise, express or implied, there was a subsequent payment, it was not bribery. Where there was no previous express promise, but a practice prevailed of making payments subsequent to the election, so as to give rise to a corrupt expectation on the part of the voter, it was doubtful whether it was bribery or not. It is believed there is no case in which such payments have been decided to be bribery [my emphasis]. At most the practice would have given rise to an implied promise. It is to cases of this latter class that the 20th section applies. The preamble recites that “a practice has prevailed in certain boroughs and places of making payments;” and to that practice the declaratory part of the section points. Any other interpretation of it would be an alteration, not a declaration, of the law. The object of it is merely to clear up the doubts that had been expressed in the preamble. The section says, that “the payment of any money to any voter, &c., on account of his having voted, &c., whether such payment shall have been in compliance with any usage or not, shall be deemed bribery.” ...
H: Austin was talking about 5 & 6 Vict. c. 102: the Bribery at Elections Act, 1842. So, as late as 1842, Parliament considered it necessary to declare, in statute, that such customary payments as were made at Beverley should be deemed bribery, as in practice they had not been.
Just to repeat: ... in practice they had not been.
SC: Indeed. And I contend that, had the investigating commission of 1807-08, had access to the information Joseph Hind presented to the 1869 inquiry, the 'verdict' of that commission would have gone against Vyse. And around we go again.
... it also has to be said that not everyone who stood for Parliament was so “morally flexible” or prepared to resort to such unsavory and illegal practices to secure electoral victory. Staple certainly didn’t. ...
... I remember, at the canvas of 1807, telling the late Sir Harry Mildmay, that I looked upon the cry of No-Popery to contain the most wicked sentiment that ever issued from the lips of man; and, I must do him the justice, to say, that he did openly disclaim it, though it was trumpeted about the streets of Winchester. Every man of any principle was ashamed of it. Its propagation was left to those only, who were lost to all sense of shame as well as all feelings of conscience. ...
H: ...in no case did it do so, until the Act of 1842.
SC: And this was only likely so because no candidate could ever actually prove the money was paid. ...
H: Allow me to remind you again that the Select Committee rejected his petition: it did not consider his evidence sufficient to warrant voiding the election.
SC: ... Staple(s)* most likely lost because he couldn't prove that Vyse paid the money ...
SC: ... - as you say his evidence was not "sufficient to warrant voiding the election".
H: ... Allow me to remind you again that the Select Committee rejected his petition: it [i.e. the Select Committee] did not consider his evidence sufficient to warrant voiding the election.
SC: That is not disputed and never has been. ...
SC: That is not disputed and never has been. ...
H: Indeed. How could it be?
Because had the 1807-08 parliamentary committee been presented with the full facts (i.e. Joseph Hind's evidence) at the time, facts that only surfaced decades later, ...
I keep explaining my position on this issue to you in slightly different ways and still you come back with more of your pointless witterings. ...
... I have given you my opinion based on the available evidence. ...
That is my view and I am perfectly entitled to that view. That you do not accept my view is neither here nor there. I accept your absolute right to take a different view on this issue. What I see from you, however, is someone who simply cannot abide anyone who takes a different view to yours on this matter. You simply cannot tolerate it. Because you are intolerant. You seem to think that everyone should simply accept your view on this issue. Such is the disposition of a fascist.
H: We don’t know what “facts” were presented to the committee.
originally posted by: bloodymarvelous
...
During construction of the casing stones, the relieving chambers would have likely been open enough to be accessible to the work crews.
Why wouldn't they write stuff?
...once the blocks were set in the correct part of the chambers by the right crew, it didn't matter what way up they were.
H: We don’t know what “facts” were presented to the committee.
We don’t know what “facts” were presented to the committee. We don’t know that evidence of the payments “surfaced” only “decades later” than 1808. There is no record of the committee’s deliberations. All we have is a report of its decision. How hard is it to take in that basic fact of the matter?
SC: Exactly!!
And it is my contention that ... And no - we won't ever likely know ... but my view that ... is every bit as reasonable and valid a view as any other - regardless of how much you refuse to accept that.
Now you're just back here wasting more of my time. ...
... We're done.
SC: Why do we find these painted marks (i.e. crew names) only in the 'Vyse Chambers' and in no other chamber or passageway within the pyramid?
H: How in all these years has it escaped your attention that the ˤpr names are on undressed limestone surfaces?
H: ...we cannot exclude the possibility that the Select Committee in 1808 knew all about the post-election payments (and we cannot exclude the possibility that they were post-election).