JB/116/360/001

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28 Jany 1803 Jeopardy

In this complicated body of enormity perspicuity requires that two distant
main branches the destinction between the may be pointed out distinguished it may be of
use for the sake of clearness of conception that the two
main branches should be distinguished, and the distinction be kept
in view. The one consists in the system of illegal
groundless as well as illegal punishment: the other in the System
of illegal legislation and government: the former in the expression
exercised upon individuals: the latter in the
usurpation of put by its of the Crown upon
the authority of Parliament: the former one abuse in the wound given to of the
penal branch of the law: and throughout that <add>also to the constitutional branch</add> one efficient against in a system of delinquency
striking more particularly against the constitutional branch. The relation borne by the
latter system of transgression to the former is that of a means
to an end: it was for the purpose of the oppression da
exercised upon hi Majesty's subjects in these individual individual subjects
that the rights of authority of his Majesty in Parliament was thus usurped
by his unworth servants Officers and Ministers.

One thing in regard to the question of law requires is particular
particularly to be observed: viz: which is that through the rights of
the Crown to exercise legislate in this new-founded Colony
without the concurrence either of the two other Estates
of Parliament the supreme legislature in the Mother Country, of of a sort of subordinate
Parliament or Assembly of States in the Colony, were as clear
as the contrary law I flatter myself the contrary has here been rendered, the
illegality charged of the system of government thus pursued would
not thus be disproved the of illegality
would not even thus be cleared away: for admitting the on this part
of the King's Governor of New South Wales to make new ordinances the right of legislating to every
other effect imaginable the administration would never be understood to even acts would be entertained
considerably with the admission of any sort or degree of supremacy on the [+]</p> <note>[+] to the Habeas Corpus
Act should come the
better of that sacred
Charter be (
as I can not <add>scarce conceive
it to be) deemed not to
have been violated, the
violation of the spirit
of it will would still remain
as plan and palpable as
as it could have been in any of the instances cases
the experience of which
may be approved to have
given birth to it occasion
to the law</note> [+] the part of Parliament, as that of
a like a right of making
ordinances in New South Wales in direct repugnancy
to the several
acts of Parliament
by which express
stand annexed
to the several lots of
punishment by those respectively
respectively by <add>appointed by those Acts
And as [+]

Identifier: | JB/116/360/001 "JB/" can not be assigned to a declared number type with value 116.
Date_1	1803-01-28	Marginal Summary Numbering
Box	116	Main Headings	panopticon versus new south wales
Folio number	360	Info in main headings field
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d14
Penner	jeremy bentham	Watermarks
Marginals		Paper Producer
Corrections	jeremy bentham	Paper Produced in Year
Notes public		ID Number	37893
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