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22 Jany 1803


Answer to an objection grounded on the words of the Habeas
Corpus Act

Against the application this Statute, verbal objections
would notwithstanding of course be raised if possible by the ingenuity of Council
no case of need. An extinguish shall be put by On there is which presents itself as being neither
upon the most plausible one/ above refutation nor beneath it. The words letter of the Act it may
be said confines itself to the case of sending — to the case of a
person "sent prisoner": whatever Afterwards indeed the case of
detention is brought to view: and the same provision that is applied
to the case of imprisonment is applied who to the case
of detention. There is time but From it is where is not the
loss so , is that it is only in the case where a man has
been "so imprisoned": : "sent prisoner", that the remedy is
given to turn against any person by whom, or with whom
cooperation, he shall have been so determined The In the case
of the persons in question, the sending them prisoners is not against
the Act: therefore neither is the detention of them against the Act.

The argument, such as it is, turns (we see) upon the word so
in so imprisoned. By so imprisoned says the argument must be meant imprisoned
by having been sent prisoner. But in the case of a person of the
description in question, though he was sent prisoner thither
yet as the act of sending him prisoner was not in breach of contrary to the Act Statute no lawful
neither can the act of detention be in breach of the Statute.

I answer — true its it is thus confined is the meaning of which the
Statute by the wording of it is certainly not unsusceptible, and
which of the whole complexion of it taken together warranted
the thus narrowing it, might with propriety be put upon it.
But a more comprehensive meaning is equally susceptible
of being put upon it. By The This comprehensive meaning the
object of the act the professed object of it the mischief to be prevented by it — is
and in its whole extent: by the narrow
meaning a great part of the mischief object is life unprovided for
— a great part of the mischief life without unremedied remedy
and this supported most efficacious safeguard to such acts both
better than waste paper of a great part of its virtue.

Identifier: | JB/116/375/001
"JB/" can not be assigned to a declared number type with value 116.



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jeremy bentham



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