JB/116/207/001

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12 June 1802 (+r)
N. S. Wales 1
2V. No care taken to plan the Bondage upon any certain or
consistent footing.

Another point and that a fundamental an essential one. I
have already touched, though but incidentally, + + p. 45, 4 6. on the
obvious and loose unsettled footing on which the condition of a
transported convict has all along rested and st still
rests, in respect of the important question bein between
bondage and no bondage. When he arrives lands in
New South Wales the Governor, in point of fact, takes
possession of him it appears and does with him in this disposes of adds aggregates to him
to an already formed working gang, or in any other way
disposes of him, as he thinks seems best. For the power thus exercised
what is the foundation in point of law? On what ground
in point of law is the power thus exercised, built?

Turning to the Act of 1784, as quoted in the Act of 24 G 3. c. 9C
1787 in and by which whatever is done by law towards the
founding of this Colony is done I see read <add>I find as follows</add> these words — that
when any person ... shall be .. convicted of any offence therein
mentioned, it shall be lawful to ... the Court ... to order and
adjudge that such person ... shall be transported ... and in
.. such case it shall .. be lawful for his Majesty .... to declare
such to what place ... and such Court ... is ... authorized ... to
order such offenders to be transferred to the use of any person ...
and his assigns who shall contract for the due performance
of such transportation ...

Under this Act then A Convict is under this Act trans sent out to
New South Wales. under the care of a Merchant hire
who contracts for the transportation of him: he is under
this same act, he is transferred to the use of such
Contractor: What "use" does any such Contractor ever
make of him? none: for immediately in point of fact on landing, he comes possession
under
is

Identifier: | JB/116/207/001 "JB/" can not be assigned to a declared number type with value 116.
Date_1	1802-06-12	Marginal Summary Numbering	1-3
Box	116	Main Headings	panopticon versus new south wales
Folio number	207	Info in main headings field	n. s. wales
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e1 / f36
Penner	jeremy bentham	Watermarks
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	37740
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