JB/119/314/002

Click Here To Edit

Panopticon Bill Introductory Observaons

The demonstrative and persuasive cast thus given to the preambles (for the preamble is the
only place where any thing in the shape of a reason would have been endurable) might I should
hope be of no disservice to the cause: especially without doors. The subject is itself of a popular
cast:
so much so, that perhaps there is no instance where there could be less objection to the
laws assuming something of a popular tone. The readers of Acts of Parliament, it is true,
are not often presented with any very explicit marks of regard for either their reason or their
affections: but were a disposition of that sort suffered to manifest itself, though ever so readily,
cannot think they would be displeased with it.

If there were no determined resolution to the contrary, I must confess therefore it would
be a satisfaction to me to see the reasons stand: but although I had been sure of their not standing,
I should not the less have taken the liberty of inserting them in the Draught in its
present stage. If they are not proper to stand as part of the Act, nor necessary to help the
clauses to which they relate through Parliament, they may at any rate help to point out
the objects aimed at in the respective clauses; and serve as a brief to assist the recollection of gentlemen
who may be disposed to patronize the Bill in Parliament. The truth is that in several
instances I had set them down at first in the form of detached observations. Then, apprehending
in some instances that they might be wanted upon the face of the Bill, to
get the better of contrary leanings, I threw them into the form of Preambles, that they
might take their chance of serving in one or both capabilities, according to the measure of
indulgence they might meet with.

In some instances these reasons will perhaps be observed to be of a wider extent than the
clauses to which they apply. This, if it should be the case, will be rather unfortunate: but reasons
are stubborn things, and must be taken as they come. They grow out of the nature of things,
and cannot be cut down to a pattern as the clauses themselves may. What defended upon
me in this respect I have done. Care has all along been taken, that the enacting clause
itself shall not go a hair's breadth beyond the subject matter of the Bill. Though the reason
be such as seems to cover the whole field of legislation, the circle that bounds the Panopticon
includes all the innovations I have presumed to make. This caution I made a point of
observing, not only to avoid the danger of calling up merited opposition, by the attempt to
steal in an extensive general measure, under the cloak of a narrow and particular one, but
to avoid the incongruity of putting a law, in a place where nobody would be prepared to look
for it.

Note

Instances are, the reasons for restoring competency to the testimony of Penitentiary-Men:
those for dispensing with the Statute of Apprenticeships in their favour, and several others.
In all these instances, howsoever repeal may appear the obvious conclusion, I have confined
myself to dispensation, as being the only pertinent one.

Identifier: | JB/119/314/002 "JB/" can not be assigned to a declared number type with value 119.
Date_1		Marginal Summary Numbering
Box	119	Main Headings	panopticon
Folio number	314	Info in main headings field	panopticon bill
Image	002	Titles
Category	copy/fair copy sheet	Number of Pages	4
Recto/Verso	recto	Page Numbering	f1 / f2 / f3 / f4
Penner		Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	39825
Box Contents