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N.S. Wales
26 July 1802
8. Conduct
III. Non-existence
power of the King, by confederating with a part of
his subjects, withdrawing themselves for this purpose to a
vacant territory remote from the eye of Parliament, that
it was in the power of his Law servant, by any such management, to
oust Parliament of its rights: I mean its exclusive
right of legislation, as established in the St Alban's case.
The causes of which in the event have been Dissension would then have been nipped
in the bud: and the American war, with all its miseries
and all its waste of blood and treasure on all sides, would
have been saved.
51 56
The St Alban's Case,
saying nothing of
Colonies, was never
applied to them by
lawyers.
Unfortunately, in the St Alban's case, the scene
not being lying in America,+1 no such word as America or is
to be found. I find thus it happened that when
lawyers
had America was came to be the order of the day,
with lawyers, there was nothing presented itself appeared in their commonplace
there was nothing common place would afford them nothing
books that could to guide them to that case.
What is curious enough, is—that in some of the very
first instance of a grant the grants instance of grants of land made a Charter from the Crown
of England to intended settlers in America, these
American portions of American ground were declared to
be put upon the same footing in point of law, as if
contained within a spot of English ground—the
manner of East Greenwich: in that honour of Richmond and with the St Alban's case
before their eyes, did these Crown lawyers with this case one of the
most prominent cases, in the most prominet of all
law-books, full in their talk—did were these Crown lawyers
enough to make their King grant, private
to these inhabitants of East Greenwich Richmond principles which had been
already declared illegal not fourteen years before when granted to the one of inhabitants
of St Alban's! But the grant was of the number of those
exertions of prerogative, which were not expected to come before
an English Court of Justice any more than they
were pretended for the
Collection of Charters
4th 1766, as .
Lend themselves
in the Acts relating to
the Colonies
+1 nor any thought being entertained
by any body about America,
+2 of Colonists as little:
for at that time,
scarce had any such
idea as that of colonization
ever presented
itself to any English
mind.
Yet in the grant of
the first Colony, it was
made parcel of East
Greenwich, and subjected
to English Tenerife
Note 57(a)
They were "Act the
"lands contained within
"the principles of the Colonies
"(viz: between 34 & 45
"degrees of latitude) were
"on petition to be granted
"by the King," to be holden
"of the King, as of his
"manor of East Greenwich
"in Kent, as free and
"common sociage only
"and not in capite.
Identifier: | JB/116/313/001 "JB/" can not be assigned to a declared number type with value 116.
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1802-07-26 |
51-52, 57a |
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116 |
panopticon versus new south wales |
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313 |
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d8 / e2 |
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jeremy bentham |
1800 |
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1800 |
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37846 |
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