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JB/116/335/001

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16 Jany 1803

Jeopardy

6. Transgression the 10<hi rend="superscript">th in England. Excessive Bail required
"...to elude the benefit of the laws made for the liberty
"of the subject".

Parallel Analogous transgression in New South Wales—
Married men, whose terms were expired, not suffered to quit
the Colony, without finding security for the maintenance of
their wives and children, if left behind.+

Note (a)

The reasonableness of the obligation, supposing the imposing /imposition of it/ measure supposing it had been
power of imposing it had been guarded from abuse by proper checks, and warr
warranted by law, can never amount to a justification of
such an act of coercion, limited as it was by no such checks, and sanctioned by
it no such warrant. And whence came the occasion
for and pretence of imposing it? From the very act of those who in bringing
making this perverse use? from this stock from the
forward of such a plea, must take advantage of their own wrong by that conjugal
act of Government itself. Taking advantage of the desire of
these poor families were in a manner to accompany their husbands, it compelled
to avail themselves of the means afforded them for accompanying sharing in the
exile of their husbands they were entrap enticed into their cage,
and, out of the physical bar, which then then the bar which had then been opposed itself by government
to the return of the females, a legal bar was thus constructed,
for preventing the return of both sexes both sexes, males as well as females.

After the enumerating the statement of the statement of the several heads of transgression
or infringement the by which the rights in question had been
violated, the Act proceeds to declare the rights themselves, in
13 Articles, of which the first of which is in these words. "The pretended
"power of suspending of laws, or the execution of law, by royal
"authority, without consent of Parliament, is illegal". But
if this be true if simple suspension or dispensation (i:e:
abrogation for a time, or in individual instances) be thus illegal in how much greater a degree more so must
more flagrant must be the illegality it be so of positive enactment, and that without any limitation
as to the quality nature of the case?

In p.6. After declaring the rights and liberties in question
to be "the true ancient and indubitable rights of the people
"of this kingdom", the Act it concludes with "declaring and enacting"
that "all Officers and Ministers whatsoever shall serve
"their Majesties and their successors according to the same
"in all times to come".

The wretches in question, whatever may have been
their crimes, were they not—are they not still, and as much as the very best of their betters so many individual
parts of "the people of this kingdom?"

+Thus it is then,
that his
present Majesty, the
and
successor of those the royal
freedom of these our rights
and liberties had been
"served" by the " Officers
"and Ministers of his
"time
":—that it is that the
antient and indubitable rights
of this helpless and defenceless
portion of his
people have been respected
and protected
by these "officers and these
ministers".



Identifier: | JB/116/335/001
"JB/" can not be assigned to a declared number type with value 116.

Date_1

1802-07-20

Marginal Summary Numbering

2-3

Box

116

Main Headings

panopticon versus new south wales

Folio number

335

Info in main headings field

n. s. wales

Image

001

Titles

Category

text sheet

Number of Pages

1

Recto/Verso

recto

Page Numbering

d2 / f55

Penner

jeremy bentham

Watermarks

[[watermarks::[monogram] 1800]]

Marginals

jeremy bentham

Paper Producer

Corrections

Paper Produced in Year

1800

Notes public

ID Number

37868

Box Contents

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