JB/116/012/001

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Note (a) to p. 45

Oct. 1802

The caution which detailed the words " at least
"any regular and avowed prolongation" was not a groundless one.
Turning to the history of the Chief Magistrate In the so often quoted history of the Colony, and
especially in the second volume continuation of that history, evidence instances of the
when the bondage has been prolonged regularly or irregularly
prolongation of the bondage regular or irregular, are
to be found in no small abundance to no inconsiderable amount. The word By "avowed"
I meant, of course, avowed by Governors the supporters or
advocates of the penal Colony here at home: in the Colony
whatever is done in this way by the Governor, can not of course but
be avowed there—avowed viz. by the Governor by whom it is done.

By the old transportation Laws, a property is given: the
person who shall contract for the transportation of the Convict, is
declared to "have a property in his service,"+ and that for property
is made transferrable to "assigns": For and for the sake of what
was to be got in America by the sale of that property,
Contractors were, for a small premium, latterly at least latterly at least if not all along, ready
and willing to take upon themselves the charge of the transportation,
without further recompense. Under the modern transportation
laws, the same form of words is still copied though
the practice under them being as already stated as far as the condition of the convict
at least is concerned, a the effect of them the practice under them being as different as
possible. When In saying "the form of words" I mean so far as concerns the giving to the
transporters the property in the service of the his passengers: while though

in fact, there is at the end of voyage there is nothing to be
got by selling them, nor so much as any body nobody person whom they can
be sold: the transporters being paid not by a purchaser in any the sale of the Convicts
such sale but by government itself.+ But though a passenger in the service of the convict passengers
the convict certainly transports himself, as power of assigning
that property to any body is given by any Act done—this recent Act <add>new system</add> to him by the recent Act
by which it is impossible their service can be worth any thing to
any body he bears a possession in that service: On shore, where they are headed

in+

in New South Wales
neither he nor any body
else having such property:

for to any body who
is any such property
given by any
that can find in any body
in the Act.

+ Quere the first. By
what law, does the Governor
exercise the power he
takes upon himself to
exercise in
New South Wales
over the
Convicts during their transit
property of the service
such convict assigned over to him by the Merchant transporter under his controul?

Quere the second: By what
laws does the commander of
a King's ship (the for ) take upon himself to transport Convicts? Is There are many the destined for what will be matter of inquiry in another place he made to sign a Contract for the transportation
of these his passengers, as an independent merchant would be for the performance of the
same service?

Identifier: | JB/116/012/001 "JB/" can not be assigned to a declared number type with value 116.
Date_1	1802-10	Marginal Summary Numbering	13-14
Box	116	Main Headings	panopticon versus new south wales
Folio number	012	Info in main headings field
Image	001	Titles	note (a) to p. 45
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering
Penner	jeremy bentham	Watermarks
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	37545
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