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14 July 1802 N. S. Wales 1

To what purpose then obtain from Parliament powers
to erect a Court of Judication for trying officers against
existing laws when none no prisons were obtained for making introducing
any new law much less for trying officers against such new
law? To what purpose, but to deci deceive put a decrepit
Parliament, and to persuade make Parliament and
his every body to believe that it came by Parliament
the Colony was founded, and that whatever acts of power
should be exercised there by the authority of the Kings
Servants to cause it be believed that these acts had Yor
this sanction the authority sanction of Parliament.
that Parliament had sanctioned the founding of the Colony and by its forms had sanctioned every thing that Investors chose to might ever take upon them to do towards or in pretence of establishment the foundation and support of it

The Colony had subsisted neither more nor less then
between two and three years when all of a sudden a
declaration proclamation of the Governor was issued establishing martial
law: martial law more that very name. Whatsoever may have been meant by
law. Martial law to fight what? — not an enemy (for
there was none) but famine: — and the chief consequence
as well as cause of this martial law is to take possession
of every man's property — to put it at the disposal take
it into the hands of the Governor — to declare it the property
of the state."

For this declaration of martial law — for this universal
seizure of all property — what warrant was there in the
Act? — None whatever: not the nothing like it in the Act? If this
could be done without Parliament, to what other purpose
could there be any use or necessity of applying for powers to Parliament?
I do not take upon me say that in what he thus did the Governor was
any way to blame: he had necessity for his justification. I can
not doubt it. But if necessity can ju the mass of ordinance included under the name aggregate of the superlative degree of absolute power legislative, judicial, executive, conglomerated and confounded in one mass martial law [+]
[+]legislative powers stretched to the extreme of reason be
justified by necessity — what is there powers are there legislative
or judicial that would not be justified by it? To what end
apply for Parliament in court for powers to enact a single
to try officers against pre-existing laws, when all laws whatever
were to be suspended and at pleasure?

Identifier: | JB/116/204/001
"JB/" can not be assigned to a declared number type with value 116.



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panopticon versus new south wales

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n. s. wales





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jeremy bentham


[[watermarks::[monogram] 1800]]


jeremy bentham

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