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28 June 1802 42
N. S. Wales 7
Whether the Ministers, whose system from beginning to end was
founded upon directed by a spirit principle of equal contempt for the
laws of the land and those of natural justice — whether these
Ministers at any period subsequent to the commencement of it
have thought fit so far to preserve the forms of respect for the forms authority
of law the legislation as to employ a sham contract with [+] [+] with a servant of the Crown the Governor of the Colony
to bring themselves
within the letter of the law — of the Act of 1787
I do not pretend to know. All I can say about the
matter is comprised in this dilemma. Some how or other
In point of fact what is print and is notorious to every body
is — that somehow or other Convicts on London arrival at
South Wales find themselves transferred and made over to the
Governor. This transfer is made either with the intervention
of a Contract lt — a contract between the transporter
who transferrs the Convict, and the Governor who
accepts him — or it is made without such Contract. In
the first case, the letter alone of the law is complied with
by a sham Contract different in the most essential particulars
from the real old-established Contract which the Nature (or at least
the Natures which it professes to copy) had in view: the
spirit of the law being violated: in the other case the whole proceeding is illegal and void, being
without foundation either in the spirit or th so much as the
letter of the law in which it pretends to ground itself.
Contract, or no-Contract. If a Contract, it is a sham Contract,
contrary to the spirit of the law which authorizes it: it no Contract,
the whole system is illegal throughout, having no law to authorize
it
Identifier: | JB/116/213/001 "JB/" can not be assigned to a declared number type with value 116.
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1802-06-28 |
not numbered |
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116 |
panopticon versus new south wales |
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213 |
n. s. wales |
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001 |
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text sheet |
1 |
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recto |
e7 / f42 |
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jeremy bentham |
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37746 |
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