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The True Bastille: Shewing the illegal and of the "outrages" (a) offered to Law, Justice and Humanity by Mr Pitt and his Colleagues
in the foundation and management of the penal Colony of New South Wales. Marginal Contents in two Sheets. Sheet I

Ordo I

I. Legislative power neceessity
of it

II. Its non Non existence existence
though assumed.

III. Its non Proof of existence
proved

IV. Samples

IV. No assumption
shewn by Ordinances
its for
various objects

V. from the

VI. Cases of the
on the part of Pitt &c

II

VII. Escape Quitting
the Colony negligence
and oppression
in respect of it

VIII. Punishment impending
over the
authors


I. Legal Powers Necessity

II. Legal Powers. Non-existence

III. Non-existence proved

IV. Assumption. Samples

V. M

VI. Causes

II.

VII. Escapes

VIII. Jeopardy

A

§1. Legislative powers
necessary

§2. Legislators powers§ none created.

§.3. Legislative powers
none void without Parliament

§.4. Legislative powers Legislation exercised
instances

§.5. Legislative powers
why not applied for:
Tyranny and Negligence.

§6. Expirees detained
Non-expirees escape.

§7. Habeas Corpus Act

§7. The Tyrants down
under the Hab.
Corp. Act.


---page break---

Registration, none

1. Necessary

1 1
Power of making regulations
is
from this
subordinate. p. 1.

2 2
Such power is necessary
every where to
well being at least
p.1

3 3
In feudal times the
want was felt here
p.1

4 4
It will must be
more urgent in an
infant Colony. p.1

5 8
If not the power itself
the belief if it is necessary
The p.1
The distinctive material
reference inwards
p.1,2

6 7
Founding is creating
a compleat
of the powers of government
p.2

7 9
Judicial powers not
sufficient. p.2

8 5
In a community of
outcasts more necessary
than elective. p.3

9 6
More necessary the
more distant. p.3

The particular necessity
here will be
shewn by examples.


---page break---

B

(a) Outrages may
seem vague and declamatory
But it is the words one of the
upon which the the legal words
whole system of government
is made
to turn on the
New South Wales Act
26 G.3.c.
Of the strong terms of
reprobation have
employed the use
will be is strictly
justified by the
points of law and
fact demonstrated.
If Government
among the present
Administration
redress the grievance

the the Acts
may be softened <add>of the state

if , it must be
retained and
that among
the body of the
people such as
may think
the Bill
of Rights and the
provisioning, may
Habeas Corpus Act
with may
a just alarm conceive a just alarm
and
a constitutional
expression to their
feelings.

As a pledge of responsibility

the title page
will bear any not any
name only but
professional description
as well as any name.

Legislation none
II. Non-existence — &
Assumption

10
No legislative power
created as fact or
p.4

11
The Act of 1787 27 G.
.c.2 creates nothing
but judicial. p.4.

12
This Act is a test
of the validity of all
N.S. Wales ordinances
It shews them to be
tried. p.5.

Assumptions by
13
Yet the Governor has
all along been issuing
new Ordinances. p.6.
Reference to a separate
§

by Secry State
14
and the King's
Servants at home,
either in Council or
from the Secretary of
State's Office giving
instructions for
Ordinances. p.6.
Give references to Collins.

with reference to §
1. Governor
How to account for this?
The Governor must
The execution of a
have been
by the Governors
p.5.

2. Putative Pitt &c particular

16
On the part of the
King's Servants
are
p. 6 have been believed
either that such
a right existing or
that its would be
believed to exist in N.S. Wales
p. 6.

17
It seems
they should
have believed it to
exist
it being plain that
it does not exist.
p.7
The best possible case
will be made for it
to shew that without defiance p.7.



---page break---

C

(b) This section
is not here inserted.
The of it is
that Mr Pitt
considers that his
system required
an
disposition
as well as the sub serving
of system up of every good
to every of
transportation <add>to
was
afraid of missing
Parliament with a
fair view of it.


---page break---

III. Non-existence
Proof. Admission

18
Admitted: that
a right tantamount
to right of legislation exists
to a certain extent
though not to the
extent to which it has
been exercised. p. 7

19
Course for proving of proof
that
Subject matters of
legislation
and things — received
and distinguished
for the purpose. p.7

20
Classes of inhabitant
ennumerated in this
view. p.7
1. Military
2. Navy 3. Civil
4. Private Seamen
5. Foreign Seamen
6. Non-Expirees
7. Wives &c of do
8. Expirees. 9. Wives &c of Expirees
10. Free and
Settlers

24
Classes in regard to
the right may
be admitted to be
compleat. p. 8, 9.
{1 2
— incompleat 3
— questionable 4
questioned 5
questioned 6
— denied {7 8 9 10</p>

22
Things over which
the Governor would
have a power
and by that means
an

influence over

persons. p. 9


---page break---

III. Proof. Disproof

23
But the influence
is not legislative
power. p. 9
not imparting specific
common or
punishment.

24
All general ordinances in
are void notwithstanding
the influences
p. 9.

25
It is here assumed
that whatever could
be done towards
completing the stock
of legislative power
by the Crown was
done. p. 10

25
On what grounds
could the existence
of any such powers
over the subject
shapes have been
supposed?
The answer must
be conjecture
p. 10.

26
1. Was it this? viz
that the American
Colonies were founded
without power from
Parliament?
The fact is admitted
p. 10.

27
Even in the instance
of Georgia founded
so late as C G.2
Ao 1740.

28 34
But the practice
was relinquished
and constantly reorganized
to be incompetent
it is
more or less illegal
in 1774 — viz: by
the Act. p. 12


---page break---

III. Proof. Disproof

29 28
Such power is repugnant
to the principles
of the Constitution
viz: to Magna
Charta. p. 13.

30 39
It was in James 1st
reign that the practice
began. p. 13.

36 31
The exclusive right
of Parliament to legislative
power was
not then settled
as since. p. 13

32 29
If the King could not
legislate over Englishman
in England, neither
could be elsewhere
p. 13.

33 33
That against acknowledged
principle
mere precedent is not
sufficient to make
legality, is recognized
by the case of
General Warrants. p. 14.

34 32
The want of powers
in the King to establish
Ordinances
on pain of imprisonment
was established
Elizab.
as per D Coke. p. 14.

James i statutes were in the
of that decision - and
could have had no precedent.
There was then no Parliament to question the statutes.

35
Among the Ordinances
issued by the Governor
were several for preventing
persons from
leaving the Colony — In the American Colonies
a power of
this sort was considered
as requiring
confirmation, and
confirmed by Parliament
13 G.2.c.4
p. 15, 16,


---page break---

III. Proof. Disproof

36
Over American Colonists
no legislative
power convey'd
but in
bears no consent. p. 17
18.

37
No such power but
what was made irrevocable.
p.19.

38 note
This irrevocability
unless in case of forfeiture
has been all
along reorganized by
the judicial power &
the Crown. p. 19.

39 44
The founders of New of the want of judicial powers
S. Wales
were satisfied by
their coming to Parliament
for such powers
p. 20.

20 45
Besides the want
of power to issue these
ordinances
of new offences would
be of no effect, for
want of power to
try for them the
p. 21

The cognizance given
to the Court named
in the Act extend
only to old ones.

40(a)
The realm — what
of the description
of the jurisdiction
of this Court.
p. 21*, 22*

[+]
42
In a Colony obtained
by conquest, legislative
powers may perhaps
be exercised by the
Crown, otherwise than
by Charter: but
New S. Wales
was not obtained by
conquest. p.


---page break---

41
So far as the
Criminal Board were
to these illegalities
they were
probably surprized,
as well as Parliament
by the Minister &
Secretary of State
But this makes no
difference as to legality.
p. 23.

It is not my
may too last to interpret
the dreams of
and ignorance.

42
Conclusion
Either there is no
legislative authority
in N.S. Wales, or
the Constitution around; and there is none in Britain
p. 30, 31: 24, 25

36
The case of the American
colonies applies not here
because there the power
was not exercised without
1. Consent viz: to

acceptance of the new laws
2. Irrevocability of the
privileges granted. p. 17

37
1. Irrevocability, though
distant from consent
is that without which
it would not naturally
be given. p. 17.

38
2. Consent, thought not
necessary to subjection
under an old government,
under a new one as
in point of utility, as
well as English law. p. 18

39.
In N.S. Wales as such
The very object of the foundation
was to legislate without
such consent. p. 19

40
2. Nor any irrevocability
or privilege then being no
privilege. p. 20.

41
All those Governments
were by Charter
Here not Charter exists. p. 20

[+]
43
No Charter ever can exist. p. 21

44
The foundation of a Colony
without consent is repugnant
to
the absence of consent
being what makes any such
legislation repugnant to
Magna Charta and
consent. p. 23.







Identifier: | JB/116/430/001
"JB/" can not be assigned to a declared number type with value 116.

Date_1

1802-07-13

Marginal Summary Numbering

Box

116

Main Headings

panopticon versus new south wales

Folio number

430

Info in main headings field

[[info_in_main_headings_field::n. s. wales contents i conduct the true bastille […] marginal contents on two sheets sheet i]]

Image

001

Titles

legislation, none / non-existence &c / assumption / proof - disproof

Category

marginal summary sheet

Number of Pages

2

Recto/Verso

recto

Page Numbering

a1 / e1

Penner

jeremy bentham

Watermarks

cw 1799

Marginals

Paper Producer

c. abbit lees

Corrections

jeremy bentham

Paper Produced in Year

1799

Notes public

ID Number

37963

Box Contents

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