JB/116/298/002

Click Here To Edit

VII Expenses + B.1. ch. 28 §. 5 p. 169.8vo

3 Text
Were the Court of Common Pleas to give judgement in an
"appeal of death" they would be "guilty of felony" says Hawkins+
with a legion of marginal authorities for his support. Guilty?
why guilty? — then comes of course a technical reason: but the
rational one, which it shades, is evident enough; because
without what is called mala fides without criminal consciousness an error
of that description could never by persons of that description,
be committed

In the oppression of which there has been but too
much — in the perfidy in which, I had almost said, there has
been almost as much as possible Your Lordship sees may be seen another
perfectly distinct charge: the work of Administration here at
home, the Conductors of the Colony, contemplated and assented
to at least, by Ministers here at home even where it has not been expressly ordered by themselves
If here and there on the occasion of any such misconduct
any

2 Now continued
a part only had elapsed, permission was given "to quite this Country"
(New South Wales): but clogged with the condition of his not
returning to England so long as his "term" remained "unexpired" [+] (a)

The written instruments, serving as evidence of the indulgences
thus granted, are termed on the occasion "warrants of emancipation":
and to these warrants the "seal of the territory" (it
is stated) was affixed. What was done on this occasion being done
by so many formal, and of course (if any thing like a Register
be kept there) registered acts, it is impossible seems difficult to suppose but that
it must have been upon Instructions from Government here — Instructions</add> in some degree correspondent
in point of formality, that they were grounded. If, under any such
nice distinctions and guarded limitations power was given according to to law here, and in strict conformity to the of the law </del> for permitting individuals to quit the Colony before the expiration
of their sentences, [+] is it supposable that, without Instructions
at least equally deliberate, the large and continually increasing proportion
of the population (the Expirees) should have been detained, as
they were detained, against law, after the expiration of their respective
terms?

(a) Note
Here for once at
least the punishment
see was analyzed, and
its consistent
separated: the
bondage confinement to
New South Wales, together
with the species
of bondage incident to it
was remitted: the evil
was left at the same and for the whole time
in full force

[+] given in contemplation
at least of
the better of the
law

Identifier: | JB/116/298/002 "JB/" can not be assigned to a declared number type with value 116.
Date_1		Marginal Summary Numbering
Box	116	Main Headings	panopticon versus new south wales
Folio number	298	Info in main headings field	n. s. wales
Image	002	Titles
Category	copy/fair copy sheet	Number of Pages	2
Recto/Verso	recto	Page Numbering	d25 f81 / d26 f82
Penner	john herbert koe	Watermarks	1800
Marginals		Paper Producer
Corrections	jeremy bentham	Paper Produced in Year	1800
Notes public		ID Number	37831
Box Contents