JB/116/281/001

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2 Feb 1803
N.S. Wales
Note
1
Transportation
Three lots of punishment
included in
it

2
Difference in point of responsibility, under
the old & new systems
in regard to of the

In the The punishment which is included under denominated called transportation,
and of which the appointed scene is at present in New South Wales, three
perfectly distinguishable lots of punishment are included
exile, confinement, and bondage: exile from the Mother Country, confinement neither the limits
of another country by the settlement in New South Wales that distant dependency, and the state
of bondage in which the convict is commonly held during such confinement.[+]
[+] under both systems of
transportation, the old one
to America, and the new
one to New South Wales.So far as the simple is concerned, it the
duration of it is at present and, always has been and is still presently
is a punishment fixed by law: so far as the confinement
to a any particular spot is concerned. 1. The exile
has been all along the directwas the result of the tenor of the several laws, by which the
transportation has been appointed; penalty for returning before the
expiration of the penal term death.[+][+] and in addition
to whatever physical
obstacles may happen
to oppose the transgression
of the prohibition
included in
it, is a further security
for the submission
to that prohibition,
death is made appointed
as a the penalty for the
transgression of it. 2. The bondage was under
the old system the indirect result of the power given by to the Crown by the several
Acts for setting service conveying a right of the convict during the term
3. the confinement was in a manner still more indirect the
result of the provision of the law, being no more than the accidental result
and that but accidentally, of the bondage. The exile can
neither can under the new system nor ever could under
the old be remitted any otherwise than by a
formal and explicit act of the Crown, in exercise of
the prerogative of pardoning. Under the old system, the confinement
being but the no more than the consequence
of the bondage might be remitted along with the bondage
at any time, by the Master purchaser, [+][+] whosoever it might
happen to be, to whom the right to
the source of in consequence of the original or
any subsequent transfer the right of the to the service of
the Convict happened at any time to belong:[+][+]to which particular was
most commonly no stranger
to the convict whose service
was thus purchased
but might at any time
be a friend and trustee
in which case the
bondage with all the
confinement incident to
it was virtually remitted
in effect. As to In the
mean time the confinement through confinement to the spot chosen by
the master at any given time for the place of servitude is essential to the
servitude, yet for the same reason on that very account, considered with respect
to the any particular spot, in particular to the spot

Identifier: | JB/116/281/001 "JB/" can not be assigned to a declared number type with value 116.
Date_1	1803-02-02	Marginal Summary Numbering	1-2
Box	116	Main Headings	panopticon versus new south wales
Folio number	281	Info in main headings field	n. s. wales
Image	001	Titles	note
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e1
Penner	jeremy bentham	Watermarks
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	37814
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