JB/116/235/001

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24 Mar. 1802
N. S. Wales 4

of the legislator that [a transportation to this intended
Erebus Tartarus,] a banishment intended and hoped to be for life is authorized
under a sentence which in words suppose it
to be for only three years.
+
+ not so for the Act 1779 does not number Botany Bay. Power is given to choose the place of transportation but that should not be so construed as to amount to an extension of the punishment. By the plea of necessity they obtained from the Legislature power to change the plan: and by abuse of their powers they have confounded proportions, and changed just punishment into infinite.

It is certainly not contrary to law for a man to
Secretary of State to send a man to this intended
Tartarus under a sentence which speaks but of three
year. What Is it or is not contrary to law, for
in the case where the three years want but a few
days of having expired?

Cases have been mentioned to me — specific
cases (it is impossible Your Lordship must be sensible
for me in my situation to say with what truth)
in which during the administration of the Duke of
Portland men have been sent there to New South
Wales or would have been but for timely and casual inter-
vention position of whom it has been known that before they
could reach the scene of this their punishment the legal duration
of there punishment as declared by their sentence
would be at an end.
What degree of correctness there may be in this statement is more than in my situation Your Lordship will expect me to be responsible for: the books in Your Lordships office would serve to shew whether something to this effect may not be true in substance. In Mr Collins's authentic
history, if I do not misrecollect, cases are
mentioned in which if the man tried even had a ship
ready chartered to a and waiting for him in in New
South Wales, it would have been impossible for
him to have returned without a prolongation of his
punishment beyond the time comprehended in his sentence.
The time he would have had to stay remain in banishment
infe beyond the time in his sentence, would have exceeded the time to come
under his sentence.

Identifier: | JB/116/235/001 "JB/" can not be assigned to a declared number type with value 116.
Date_1	1802-03-24	Marginal Summary Numbering
Box	116	Main Headings	panopticon versus new south wales
Folio number	235	Info in main headings field	n. s. wales
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e4
Penner	jeremy bentham	Watermarks
Marginals		Paper Producer
Corrections	jeremy bentham	Paper Produced in Year
Notes public		ID Number	37768
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