JB/116/312/002

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N.S. Wales

17 June 1802

1. Legislation

1
1. Legislative power
none created

A power of legislation is a that sort of power which may well be
stated as necessary to the well being of every political community old
established or new-established. In their own country in former times, the
want of it has been but too frequently ans severely felt during the intervals
Parliaments. In a new Colony new-formed community—in a community not
yet been formed but to be
formed—such as that
which Mr Pitt with
his colleagues and subordinates
look upon him to
form—the existence of
such a power—or
at any rate the belief
of it may be stated as
necessary to the existence
of the political infant
Colony.+ The expedition
was fitted out—the Governor
was sent out upon it
and no such power was
sent out with him.
An Act brought in
by the Administration
had been passed for this purpose,
and no such
power was created by
it. Powers of
judicature were created
by it. This was For
the professed object this
the mode business of it—The
theirs were the powers
says as much—
the creation of which
was the object and
the sole object of the
Act. Powers of legislature
judicature were
established: powers of
legislation none.
They brought their
into the world—they
exposed it to the wide
world, without the means
of containing its existence.
An omission thus fla
palpable—to what cause
can it be ascribed. Had it
presented itself to their notice?
—had it escaped their
notice?

They sent out the Governor or members of the Colonial Government
without the necessary powers of legislation.</p>

Thus abject was this deficiency of a power necessary to the
of every Country necessary to the very existence of the Colony of the sort of
political community they took

Those powers have never been omitted in the case of
Colonies established on the natural and ordinary footing
by free independent and thrifty settlers. From the time of the first Colony
of which we the foundation of which we have any sort of account, from the time
of the first Colony that ever was founded down to this of New South Wales, who
ever thought of founding a Colony without possessing either by intrinsic or by
extrinsic authority, power of legislation to that purpose. In what in short does this
foundation of a Colony consist, so far as legal operation is concerned but in the establishment
of such powers necessary they may will be turned, to the
foundation of a Colony howsoever composed: how much more so,
when compared of such peculiarly do turbulent, discordant, despotical elements?

This omission had for one or other of those causes
guidance inadvertence in result of incapacity
ignorance, both in a degree the
.

2. They Fondness for arbitrary power. They saw the necessity
of making regulations in the Colony. They saw that in each
a situation the power of making regulations must necessarily
be reposed in a single hand. They durst not think
this repose gives birth to it by any express law. They left it therefore
to spring up in the way of equivocal questions
out of the necessity of the case without their appearing to
have a hand in it.

The case example of the East Indies was yet fresh and in the eye of every body. It had shewn the necessity
of resting the supreme power in the of distant or in a single hand: in the
case of distant establishments where that part of the population
that could be supposed susceptible of constitutional foundation
bore a so very small proportion to the general mass. To apply
what limitation check could be applied to so formidable a power
can a a right had been reserved to the Council
to and a duty imposed upon them of being not only privy to all
the acts of the Governor, but of stating their opinion in
relation of every such act. At the distance of In the East Indies
the check afforded no bad security. In New South Wales
the force of the security was much diminished: the distance
being so much greater than in the East Indies and the means of
communication so much less frequent.

Identifier: | JB/116/312/002 "JB/" can not be assigned to a declared number type with value 116.
Date_1		Marginal Summary Numbering	18
Box	116	Main Headings	panopticon versus new south wales
Folio number	312	Info in main headings field	n. s. wales
Image	002	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	a22 / b16 / d16 / f22
Penner	jeremy bentham	Watermarks
Marginals	jeremy bentham	Paper Producer
Corrections	jeremy bentham	Paper Produced in Year
Notes public		ID Number	37845
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