JB/116/257/002

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17 June 1802 N.S. Wales

6. Conduct
1. Legislation omitted
Causes

6
To create the necessary
legislative power
the only way to create the necessity
for it by design

7
as by the fact
Pitt Lord Camden
had been done by
negligence

provide a remedy. It was necessary that the Government
to be efficacious and in any tolerable degree secure
should be lodged in a single hand. But to
lodge a government in a single hand, by any
express powers in by a provision
in a Bill that was to pass through the two Houses of
a British Parliament at towards the close of the 18th Century
was an enterprize too obnoxious too hazardous to be attempted
was an attempt not to be made.

The only way in
which a degree of power arbitrary — a glance of
power thus anticonstitutional could be with any prospect of be attempted to a introduced was
by putting the Governor into circumstances in which the
would be matter of necessity and this
necessary conduct and

It was as if at the time in the case of the security in 1766 when
by the advice of the first Earl of Chatham and the first Earl Camden the of
Corn Laws were suspended under on the ground of necessity and by color
of the King's prerogative the dearth had been created on purpose for the
purpose of establishing by precedent the unconstitutional power which on that occasion they thought fit ti claim

Such then was the price paid for the gratification
of this for impossible colonization.

1. Establishing unconstitutional power an example of the violation of constitutional without
necessity or use.

2. Establishing at an real expence to his Majesty's subjects
of the Mother Country a Colonial government including in the
very of it an principle of weakness by
which at any it would and is now liable to be disproved
at any time

In that case it does would
not appear be too much to say that they
created the necessity
by design but it does
appear for it was
proved and scarce attempted
to be controverted
that they
did suffer it to spring
up by negligence.
What if they had created
it, or suffered it to spruce
up a purpose? In
that imaginary case
they would have done
precisely what was
done by the of
one of them, in this
real one.

<note>8
Evil consequence
1. Unconstitutional
example
2. Inferiority of a
Colony</p>

Identifier: | JB/116/257/002 "JB/" can not be assigned to a declared number type with value 116.
Date_1	1802-07-31	Marginal Summary Numbering	not numbered
Box	116	Main Headings	panopticon versus new south wales
Folio number	257	Info in main headings field	n. s. wales
Image	002	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	b1
Penner	jeremy bentham	Watermarks
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	37790
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