JB/116/122/001

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8 Oct. 1802 Panopticon versus New South Wales 5 Economy

Thus far as to the power of [given to] the person by whom the

Viewing the matter with the most favourable eye
transportation is to be performed, and the power given to him legal facility warrant
by the draughtsman penner of the law by the legislative penman for doing performing
what it is contended he shall the part given to him to perform perform: viewing the matter
with the most favourable eye, the ground on which his
power stands in point of law must be acknowledged to
be at least of a doubtful cast there at any rate are doubts. The case of the Governor
affords two such doubts.+1 His right to take
possession of this person and serving at any if his convict
Visitors his right to employ these active faculties. The right of an Emperor of Morocco or of a Dey of Algiers,
Visitors is the right of the strongest, and nothing else:
the same right as under the English law might be pleaded by an
Emperor of Morocco or a Dey of Algiers.
The Judge who+2 should determine the power of a
Governor in any instance dôte of New South Wales to any of those his
visitors as being any thing better than a continued act of
trespass and false imprisonment, must make this a
law to warrant it must make must himself be at the pains of making the the law that shall
afford be found to a warrant for it: - for he will find no such
he must himself be at the of <the maker of it,
making it: for he will find no such
law ready made.

+1 To say nothing of
the persons of the Convicts with their
passive faculties.

+2 in taking cognizance
of the in powers in any
instance of the powers
exercised due by the Governor
of New South
Wales over these his
Visitors, should it

of
A being
an instrument
the intervention of which
has been rendered necessary
by the Act-by every Act
(for without - it gives as
such authority in any case
in what way was the business
managed in this new instance?

On the last a occasion, instead of the contracting
owner or freighter of a private merchant ship, a King's
ship the Glatton has been employ'd upon this service
eligible or illegible as it may have been for ought I know on other grounds, by under what law
has this change been effected? Where is the power for
transporting Convicts otherwise than in the accustomed
mode by Contract? as before? Have Has the Captain Collins This cargo
of convicts been has it then assigned to him altogether without regard
to any law, or the is it that in deference to the words
of the only laws by which transportation in any way is authorized, has a sham Contract been entered into with him,
and by whom, binding this servant of the Crown as an independent
merchant would have been bound? In the latter case, the
law has been strained
and perverted, in the
former the whole proceeding
had been on
this additional ground
without and therefore law which in
as much as to say
against law the
case of so coercive an one,
is as much as to say against
law. In

Identifier: | JB/116/122/001 "JB/" can not be assigned to a declared number type with value 116.
Date_1	1802-10-08	Marginal Summary Numbering
Box	116	Main Headings	panopticon versus new south wales
Folio number	122	Info in main headings field	panopticon versus new south wales
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e5
Penner	jeremy bentham	Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	37655
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