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Ordo
1.
Legislative power
its necessity. p
II
its non-existence
III
Causes which might
supply to a certain
degree the want of it
1. The tendency to believe
the existence of
it.
2. The actual existence
of the equivalent of it
in a great the of instances.
IV.
These succedanea never could be compleat
because the want of
it in a single instance
where it is
exercised is a scandal
and a grievance.
Where I set above
the the
expediency, I took
for granted the legality
how should I
suspend it?
I know nothing to
the till
the Act.
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1. Proof
1
Power of legislation
necessary every
where — particularly
in a new Colony
than in old
2.
2. in a community
composed chiefly of
outcasts than in
one ordinarily composed.
3.
3. in a colony thus
distant than in
a nearer one
4
No such power
was created at the
outset nor has been
since.
5.
The existing Act
creates no power
but judicial.
6
This was organizing
anarchy.
7 8
What makes the
ableness
of the omissions difficult
to conceive is
the propensity of
the imagination
to supply it.
8 9
The propensity of
to supply
it de facto, is no
apology for those
who voluntarily
gave birth to it.
9 7
What portion of the necessary compliment
of power was actually
provided
notwithstanding
the omission.
The of the
powers of the Court
virtually negatives
power of legislative in the
Governor.
1. Because no other Acts
are recognized
2. Because if they are
there is no Court to try them.
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Had they he had any
thing of the legislator
but the office and the
names
It is of the of
Charters to be irrevocable.
But all these
Instructions are revocable
and revoked
every day.
customary
with the Settlers.
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Proof
1
Consequences of
the omission.
Ordinances of which
traces may be
found in Collins
60 or 70.
[+] 2
These were partly
legal partly illegal
according to the
extent of the legal
powers actually
possessed.
III 3
The same ordinance
will have been
partly legal partly
illegal where among
the parties bound
or otherwise affected
by it some were
legally under the
power of the Governor
others not.
III 4.
List of different
classes of persons
distinguished in
this point of view
1. Five classes who
were or have been
more or less under
the Governor's legislative
power.
III 5.
Three classes not
subject to his power.
IV 6.
In all these instances
the more
necessary it was
that regulations
should be made
though without
legal power the
more justifiable the
Governor but the
more unjustifiable
those who sent
him out.
They installed anarchy
in the hope
that despotism would
take its place. They
might well look for it.
For they had done what
depended upon them to
prepare the way for it.
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The state of
things even
as favourable
as could be desired
to the
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IV 7 9
Regulations made
by him classed
according to their
objects.
1. Security against
depredation
2. against hostility
3. against famine.
IV 8 7
By sending the
Governor out
without legislative
power they delivered
him and his to
distraction by
depredation, hostility
and famine.
IV 9. 8
This was organizing
famine as well as
anarchy with an
enormous and yet
but insufficient
effective profusion
to provide against it.
IV 10
The distruction
thus prepared by
negligence at home
was arrested neglected by
necessity and famine
in New South
Wales.
IV 11.
Cases put of illegal
regulations for
which in point
of utility there
may be a demand.
1. Death produced
by a struggle to
prevent a convict
emancipated de jure
from leaving the
Colony.
IV 12.
2. by a struggle to
enforce and order
for the delivery
up of arms.
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8
They delivered him
up to capital and
punishment
in case of his
in execution of any
of his illegal ordinances
Governor
in England for
offences in his
by 12 W.3.c.12
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IV 13.
The seditionists if
at any time they
should have lawyers
among them may
subvert the government
without
incurring any
legal penalty.
14.
Captn Collins not
considering that
want of power to
make regulations
speaks with surprize
of the spirit
of careless independence
among the
emancipated
bondsmen.
15
They exposed the
Governors and perhaps
themselves to
the penalties of the
Habeas Corpus Act.
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Identifier: | JB/116/433/001 "JB/" can not be assigned to a declared number type with value 116.
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1-9, 1-12, 8*, 13-14 |
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116 |
panopticon versus new south wales |
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433 |
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001 |
ordo / proof |
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marginal summary sheet |
2 |
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recto |
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john herbert koe |
cw 1799 |
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c. abbit lees |
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1799 |
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37966 |
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