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1.
Legislative power. none
created.
2.
Cause. Two powers
were meant to be exercised.
neither of them
fit to be named -
1. Power of reasoning amending
all the transportation
laws
3.
2. Power of legislation
in a single hand.
4.
Pitt was then upon
his good behaviour
having lately stood
his ground against
the House of Commons
upon Constitutional
grounds -
5
There was a rage
for colonizing somewhere
- this furnished
a pretence for the
expence
6
To create the necessary
legislative power the
only way was to
create the necessity
for it by
7.
As by the first Pitt
Lord Camden had been
done by negligence.
8
Evil consequences
1<hi rend="underline">st</hi> Unconstitutional
example
2. Insecurity of the
Colony.
9.
The seditionists if at
any time they should
have lawyers among
them may subvert
the government without
incurring any
legal penalty.
10
Regulations
1st what legal
11
2. what illegal.
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12.
Cases put of illegal
regulations for which
in point of utility
there may be a
demand.
13.
Captn Collins not
considering this
want of power to
make regulations
speaks with surprize
of the spirit
of careless independance
among
the emancipated
bondsmen.
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1
Though the design was
to prevent the return of
Convicts, no plan was
formed for the execution
of it - neither
at the outset, nor for years. p.18
2
A just one would
have provided for
their return of emancipees
and made it
as easy as under
the old system. p.19
2 3.
An unjust one would
have taken measures
against the return
of emancipees from
the first.
3 4
At first they had
no plan for prevention
of the return either
of emancipees or
non-emancipees.
5.
When they had any
it was directed as
much against the
one as the other.
6
and this the legitimate
object of the establishment
or not their
conduct is equally
indefensible.
6 7.
When they put emancipated
bondsmen
under this
illegal restraint
they put all freemen
under the same
restraint.
9
It appears in the
same document authority (Collins)
that Convicts who had
no more than 2 3 year
remaining was sent
out in the design
of their never returning.
p.26.
7 10
It was with the
Penitentiary Act
of 1799 before them
the Act so anxious
to distinguish between
degrees of punishment
that they thus confound
them.
Though this gives them
the power (as well as
1704) they avoided
it.
8
Effect of this event of
plan
1. While as yet there was no
plan formed for preventing
the return of
non-expirees, expences
were provided, by the
neglect, not accidental
or wilful, if not speeding
out the process evidencing
the lengths of the terms. n.25
---page break---
1
On what ground rests
the Governor's power over
the Convicts?
2.
Under the Acts the
transportation must
be by contract and the
convict is transferred
to the use of the
contractor and his
Assignees
3.
Under this provision
there is nothing to
hinder the Contractor
from assigning the
Convict to his (the
convicts') use) unless in
the Contract he be
restricted to assign
him to the Governor.
4.
Though a provision to
this effect should be
in one Contract yet
it may be omitted
in any other.
5.
As the transportation
cannot be performed
without the intervention
of a Contract, how can
it be performed in
a King's ship .gr.
the Glatton? not without
a fiction.
6.
In the case of a
Convict, pardoned on
condition of transportation
for life, power is given
to the Crown to allow
him to transport
himself.
7.
By this means the
bondage is produced pardoned
without speaking of it.
8
Origin of this clause
unclergyable felonies
in some instances
gentlemen's offences.
---page break---
9.
This power not being
given in the case
of a clergyable offence
hence the greater
criminal has an
indulgence refused
to the less By law
clergyable felons may
be permitted to buy
off the bondage (as
above) if the Crown
does not oppose it:
although not the transportation.
10
But in the transportation
to New
South Wales they
can not now do
either.
11.
The obscurity and
uncertainty of the
fate of the Convicts
in these important
particulars under
such legislation and
management is a
sufficient proof of
its being blameable.
---page break---
about
claiming from trust
management to contract
management in the
case of the Parliamentary
House.
Mala fides
In the case of Cold
Back Fields prison.
Parliament orders and
enquiry and Mr
Pitt has makes no objection
to it. Will he ever
move for the enquiry
of these abuses &
if there were any he
was not the author.
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Identifier: | JB/116/451/001 "JB/" can not be assigned to a declared number type with value 116.
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1802-07-01 |
1-10, 1-11 |
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116 |
panopticon versus new south wales |
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451 |
new south wales conduct contents |
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001 |
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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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37984 |
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