JB/116/157/001

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12 July 1802

N.S. Wales Conduct
II Samples

13
2. Drunkenness.
Difficulty of preventing
it here
already stated.

II Examples of Ordinances having for their object the prevention
of Drunkenness.

Drunkenness from the beginning to the end of Captain Collins,
book is exhibited and in by the most expressive colours examples
as the grand causes of improvidence of epidemic individual
and universal incurable improvidence and helplessness the grand
and perpetual bar to economy and reformation.

In regard to drunkenness I have already begged
your Lordship's notice for two contrasted impossibilities:
in a Panopticon at home, the existence of the that view:
in the improved Colony the privation of it.

Expedience necessity and
illegality the same
unnatural combination
here as elsewhere.
If not necessary only
by accident: if legal
only by accident. The
use of legality is already
given. To try the ordinance
by this test would be
tedious past endurance.

In another point of view I will beg leave to subjoin a
short list of the acts of legislature levelled at it: Your
Lordship has it has been seen already that they were all ineffectually
it be would be seen now that they were all conducive,
and in that sense necessary—and at the same view, it
will be seen that they were all illegal, every one of them.

14
Ordinances issued
against it—
in general
conducive to the
prevention of it
—but illegal

No 1. p.175. 28 August 1791.

"Spirituous liquors"—"Ordered that none should be landed untill
a permitt had been granted by the Judge Advocate;
and the Provost Marshall, his Assistant, and two principals
of the Watch, were deputed to serve all spirituous liquors
which might be landed.

Proof of the illega of the Ordinance utility—The town began [was] beginning to fill with
"strangers (Officers and Seamen from the transports) and spirituous
liquors finding their way among the Convicts.

Proof of the utility illegality. In England and in
Scotland In Great Britain landing spirituous liquors without
permission is indeed a "misdemeanour". But it is a misdemeanour,
to no other intent than the securing the payment
of a tax which exists not in New South Wales. The persons
by whom the permission is to be granted are moreover
not any such person as a Judge Advocate: but a
Officer of a certain denomination: and it does not
seem probable that any such denomination had been given
indeed how should it be given by law? to the Judge Advocate.

The same like observations apply to the Provost Marshal and his assistant.

Identifier: | JB/116/157/001 "JB/" can not be assigned to a declared number type with value 116.
Date_1	1802-07-12	Marginal Summary Numbering	13-14
Box	116	Main Headings	panopticon versus new south wales
Folio number	157	Info in main headings field	n. s. wales
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d1 / f3
Penner	jeremy bentham	Watermarks	[[watermarks::[monogram] 1800]]
Marginals	jeremy bentham	Paper Producer
Corrections	jeremy bentham	Paper Produced in Year	1800
Notes public		ID Number	37690
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