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29 Jany 1803
On this as on a all other occasions of necessity,
real or apparent, I impute not any moral blame to
the Governor: moral blame might for aught I
known have been imputable to him, had he done otherwise.
(b) Note (b) The note is at the bottom of the preceding page Elsewhere however – I mean here at home
to his Majesty's "Officers and Ministers" here at home –
I see not how Moral blame it can be that moral blame
should not be imputable: I mean, if under constitutional
blame, moral be included; – if a regard for the constitution
which they as of their country for the "laws and Statutes can according to" which they
are thus pledged "to serve" their Royal Master: have among
the moral consideration an an article in the moral any sort of place among the articles of their moral code.
of his Officers and Ministers – With Amongst the documents
which composed the legal armature of the Governor,
was that any such power as that of declaring martial
law in that nursery of despotism, included? If so,
then has there been in that behalf on that their part an open and point-blank
of breach made in this constitutional and hard earned safeguard bulwark
on the part of his Majesty's Officers and Ministers here at home
of the Constitution. Again, be this as it may, when Officer When, with or without precedent, authority
from these his Majesty's "Officers and Ministers"
martial law had continually been proclaimed
was information of such proceeding officially transmitted received sent to
by them in consequence — [+] [+] That, at one way or other, at one time or other, it has been information of this fact has come to their cognizance is beyond dispute: if not If not by the next conveyance and in the way of Official
correspondence, at any rate (an omissions not naturally
to be presumed) at any rate it was received by them in in 17- it 180 it has since
been received by them if in no other way 1798 through
the medium of the press. It is therefore at any rate with their knowledge
that that the Petition of Right has thus been violated:
For this any more than for so many other exercises exception of unconstitutional power make constitutionalism offences how they ever condescended to apply to Parliament
I do not say for precedent authority – but so far so
much as for an so post facto indemnity? – not they indeed: no not in any one single
of the multitude of instances that have called at least for indemnity at least if not for punishment.
Identifier: | JB/116/371/001 "JB/" can not be assigned to a declared number type with value 116.
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1803-01-29 |
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116 |
panopticon versus new south wales |
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371 |
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001 |
note (b) |
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text sheet |
1 |
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recto |
e3 |
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jeremy bentham |
1800 |
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1800 |
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37904 |
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