JB/116/166/001

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35 Note to p (3) 12 July 1802 + 4
4 N. S. Wales

By one of these the Ordinances for example of this despot, the

The inhabitants for example men were forbidden to do
something or other, under pain of having seeing their houses pulled
down about their ears; here was legislative power: — some against this ordinance
there were some offenders, and their houses were pulled
down accordingly: — here we have executive. On this occasion I should not expect
either to hear either of the a writ Quod permittat prosterman —
or a judgment quod prosternat: or in a word, judicial
power, judicially exercised, in any other very regular
form of judicature. The houses however were nevertheless not the less
effectually demolished: the executive magistrate, being the same with the legislature, took the
trouble, business of the owner person in his judicial in the character, of the judicial
magistrate off his hands. Such tronity trinity in unity, I
hope it may at least be lawful not to worship: but it is not
the less to be feared.

The behaviour of the man thus punished was I
doubt not mischievous, and such as the Governor did right
in endeavouring to prevent. But what had the poor house
done? Why throw away the produce of so much labour
in a community where the nothing was to be had but
by labour, where the whole extractible labour was not always sufficient
by labour, avert famine and where the extrication of labour was so difficult?
In this improved and ever improving Colony was not
there a tough mortal to be found, in whose hands the
same possession would not have proved an equal nuisance?
In this stile of legislation, if the demolition destruction of the house
had failed of been proper punishment for the first offence, the punishment
for the second offence should have been the sowing the
land with salt, should have been the punishment for the
second.

Identifier: | JB/116/166/001 "JB/" can not be assigned to a declared number type with value 116.
Date_1	1802-07-12	Marginal Summary Numbering	5
Box	116	Main Headings	panopticon versus new south wales
Folio number	166	Info in main headings field	n. s. wales
Image	001	Titles	note to p. (3)
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	a35 / b4 / d4
Penner	jeremy bentham	Watermarks	1800
Marginals	jeremy bentham	Paper Producer
Corrections	jeremy bentham	Paper Produced in Year	1800
Notes public		ID Number	37699
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