JB/116/149/001

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N.S. Wales

23 July 1802

Conduct
III. Non-existence
proved

1
An direct adjudication
that the King had
a right to legislate
in Granada would
not apply to New
South Wales.
To non-British it
is no hardship—
not against Magna
Charta.

Were the existence of such a right affirmed by a
direct decision, and that decision unimpeached, and held for law, the claim
of such a right in New South Wales would not derive
any the slightest colour from it. In point of The case of an inhabi
a Colony already inhabited by Colonists habituated to a
Government of their own is so perfectly distinct from
a Colony peopled solely by British subjects habituated
to British laws that+ what any argument applying
to the one has no application to the other. The
people of England these Islands not to entangle the case with
The people of England have been habituated to a mixed
Government in which individuals chosen by and from among themselves the deputies from the community at
large possess an important share: to minds thus disciplined have a pro considerable share: to them it would
be a hardship to dwell lead their lives under a different less limited/temperate
form sort of government. People from the other colonizing
Countries have no such habits or privileges: not to have them
in future is at any rate not a new hardship, probably
not a hardship at all. The people of Even in England the people are
perhaps not so universally satisfied with their own most carefully limited
and exquisitely constructed Government, constitution as the people of
Denmark are with a form of government which if it
differs from that of Morocco differs rather in form by the /modes of thinking
in of all ranks than by the powers of the sovereign.
the power of by manners than by laws. The people
of England in a word In a word, to speak at ease popularly
and concisely all in one, the people of England these Islands have their Magna Charta, their Bill of
Rights and so forth: in no other Colonizing nation is was/were
there (we may add or are there yet) any such thing body of
constitutional securities.

These conquered people, having at the time of the conquest
being been , must be therefore contented with their capitulations
if receiving into subjection before the peace treaty, or with the stipulations
made in favour of them by the treaty, if ended by the treaty it without previous
occupation

+ as far as the interest
of the Colony that is
of its inhabitants.

Identifier: | JB/116/149/001 "JB/" can not be assigned to a declared number type with value 116.
Date_1	1802-07-23	Marginal Summary Numbering	[[marginal_summary_numbering::1 [or] 8]]
Box	116	Main Headings	panopticon versus new south wales
Folio number	149	Info in main headings field	n. s. wales
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e10
Penner	jeremy bentham	Watermarks	[[watermarks::[monogram] 1800]]
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year	1800
Notes public		ID Number	37682
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