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JB/116/166/002

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3 Apr 1802

Dispensing Power Note?
I. Illegality

Principally,
refers merely to
the transportable
convicts in contradistinction
to the
untransportable ones
and the object of
the Act is supposed
to be comprised
of such alone
of both classes as
the Gaols cannot
contain.

The Convicts designed by the Act for the Penitentiary House are not
the transportable ones in a principal proportion and the untransportable
ones in a less: but the untransportable ones in no proportion
at all and among the transportable ones, none that the
Gaols can contain, but only such of any as they can not contain.

(b) p.11 of the Brouillon [Principally] By This word principally puzzled
me for a long time. The point to be ascertained
was—what was the secondary inferior or subordinate object with reference
to which the object pointed in view out by the word principally
was a principal one.

Upon the face of that paragraph alone, of which
it formed a part, the principal object was
composed of "such transportable Convicts as the
"several Gaols of the respective Countries can not
contain" from the time one point mentioned, to the other point of
time in that behalf mentioned: the inferior or subordinate object,
of such as those Gaols can contain, for and
within the space of time so marked out.

But this meaning would have been too favourable
to the Penitentiary Establishment: for, according
to this meaning, a space would have been to
be allotted in it for a part some part, how small an one soever even of those Convicts
of the transportable class which the Gaols in question
can contain: which portion of space as it appears
from when the next paragraph but one is brought
to view and the class of convicts mentioned in it
the untransportable Convicts are brought to account
was not meant to be allowed.

It is that the Convicts designed for the Penitentiary House
are principally in a principal proportion the transportable Convicts i:e: all the transportable
Convicts—and in a less proportion the untransportable
ones:— and there ends the application of the word
principally: and that as to the transportable ones it is
not the object of the Act that the Convicts designed for the Penitentiary
House are in a principal proportion those which whom the Gaols
Gaols can not contain,
at during the time
in question and those
whom during that time they can contain

in a less proportion
those whom they
can contain: but for that
those of them that the
Gaols can so contain
there are not any that
any are so designed for
the Penitentiary House: the transportable Convicts, designed for that House
are such if any as the Gaols can not contain, and no others.



Identifier: | JB/116/166/002
"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

002

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

Box Contents

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