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29 Jany 1803
In the table of this full contradiction to this Statute, it appears
from the Journal of Judge Advocate, that, in April 1790 in New
South Wales, by the Governor of New South Wales, martial law
was actually proclaimed. (a) [+] The sense in which as having spot spoken of <add>territory In the Petition of
+ Collins I. 104
[+] In the Petition of right
the Right the territory on which the Commissars thus branded with
illegality had been executed stands deserted by words of no greater amplitude from the words is indeed this Realm of Colonies
no mention is been made: good reason why, no such
dependencies being at that time in existence.(b) But upon
on the ground of the principles already laid down in
this belief are just, not just argument reason could be built on
this ground, for regarding the Petition of Right as being in
this point of view inapplicable in New South Wales. In
the first place, what limits hinder that settlement though at the distance of it from being considered
as of this Realm? the antipodes from being considered viz. of England but local distance
for this did not as we have seen already, did not
hinder the whole of the intended plantations in America
from being parcel of the Manor of Earl Greenwich. In the
next place, among the petitions entertained in the concluding
section above quoted is this — "that your Majesty
would also of. to declare that the ... proceedings
"to the prejudice of your people in any of the premises
"shall not be drawn hereafter into consequence or example"
and moreover "that in the things aforesaid all
"your officers and Ministers shall serve you according to
"the laws and statutes of this realm".
Note (b)
(b) Charters had been obtained
,
as above p.
and in a certain type
acted upon, but any
settlement, understood
to be a permanent
one had scarce as
yet been made
Martial Law Murder
3d Just. 52
Note (a)
(a) "The Lieutenant-governor, immediately after the loss of the Sirius, called a
"council of all the naval & marine officers in the settlement, when it was
"unanimously determined that marshal law should be proclaimed; that all
"private stock, poultry excepted, should be considered as the property of the state;
"that justice should be administered by a court-martial to be composed of seven
"officers, five of whom were to concur in a sentence of death .... the day following
"the troops, seamen, and convicts, being assembled, these resolutions were
"publicly read, & the whole confirmed their engagement of abiding by them by passing
"under the King's colour which was displayed on the occasion". Coll I. 104
There follows the note on p. 2
Identifier: | JB/116/370/001 "JB/" can not be assigned to a declared number type with value 116.
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panopticon versus new south wales |
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jeremy bentham; john herbert koe |
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