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Note 9 July 1802 +
12 13
N. S Wales

No 4 5 (p.159.) April 1791. Information given by the Governor to the Convicts
"that never would be permitted to quit the Colony who had
"wives and children incapable of maintaining themselves and
"likely to become burthensome to the settlement, untill they had
"found sufficient security for the maintenance of such wives and or children.
"as long as they might remain with continue after them." W

What would be deemed sufficient security is not stated. It
could only be by some extraordinary accident in here and there an instance that a watch thus
circumstanced could be able to find any security at all.

The occasion of this ordinance is curious enough: Opinions Notions
were entertained or professed amon currant among the Convicts
that the marriages of each of them as had been married in the
Colony were not binding. The Such is the reason given for preventing
the union of confining to the Colony all prev men whatever who had either wives
or children there, whether married the marriage had been celebrated since their arrival in the
Colony or before. ]

+1 +1 In the case of a wife married in South Wales and where term of punishment was unexpired, finding such security was impossible. By marrying a woman so circumstanced, a man could confer on her a liberty result to lose her bondage, nor forfeit his own liberty freedom.

to everyone married in law

Justice — or at least a semblance of it is so interwoven
in this case with injustice, that it is no easy matter to disentangle
them. As an abstract proposition, it is but reasonable,
that a man should be prevented from leaving his wife or children
from being burthensome to other people. Such accordingly is
the law in England. When in this country England a man
deserts his family, he flied from home. But in the case
in question, the flight, if not obstructed, would have been a flight fred homewards, and from a place in which no
authority there could detain a man without a crime.
That the inocent wife or inocent children having, under
a mistaken confidence in the justice and humanity of
government, suffered themselves to be transported to this unhuman
region, should, be confined thus for want of by the improvidence, and injustice
and inhumanity and improvidence of men in ,
see themselves confined then perhaps for life, is indeed a
melancholy state of things: but it will be difficult to say
that the punishm injustice, done to any number of individuals
thus circumstanced would be redressed, by adding to
it another of the same kind. — +2 +2 The solution of the difficulty is not difficult: to those who sent those innocents thither, belongs in justice the care and the expence of sending them back again.

The more obscur obscure doubtfull, the course most proper to
be taken on this occasion, the clearer the abominathness of the system and
the improvidence and incapacity of those by whom it was
contrived: +3 +3 contrived without any known , & contrived and afterwards itself magnified, in the bulk of convictions, made into a pretense a pretense for relinquishing a system a reformer to a system ,without spot clear of those and this as well as all
other abominations.

Identifier: | JB/116/325/001
"JB/" can not be assigned to a declared number type with value 116.



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Main Headings

panopticon versus new south wales

Folio number


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n. s. wales





text sheet

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Page Numbering

b12 / b2


jeremy bentham




jeremy bentham

Paper Producer


Paper Produced in Year


Notes public

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