JB/120/099/001

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N.S. Wales

11 June 1802

3. Incapacitation
Fraud upon the
legislature proved.

of Africa. The proposed source of punishment in
these cases not leaving the more remote—at least
in any considerable degree than the accustomed
spot in America so long as the views of
Administration were bona fide confined to Africa, or
any other part of the world not in any considerable
degree more remote, the occasion did not present
itself for saying any thing in Parliament about New
South Wales. Whether, while meaning New
South Wales pretending to make search in Africa they
were resolved all the time upon New South Wales,
or whether New South Wales was but an after
thought, and the fruitless search in Africa a real disappointment
and New South Wales but an afterthought,
I do not pretend take upon me to say.

In either case, supposing the encreased difficulty
of return and the consequent confusion in the degrees of
punishment to have been of the number of
among the considerations by which the choice of the situation in
the antipodes was determined, the fraud upon the legislature
is substantially the same. The only difference
is that which concerns the date. If New South Wales
was the place intended by those who with whom
the act of 1779 originated, the date fraud is that
date;+ if not till afterwards, then it is of some posterior
date: and consists in of applying to a new purpose, a
power known not to have been granted for that purpose:
a power in applying to the purpose of encreasing—multiplying
the quantity of a punishment, a power known to be granted
not with any such view, nor with any other view than that of varying the scene of it.

+ and consists in
demanding a power
for one purpose, with a
view of applying
it to another.

Identifier: | JB/120/099/001 "JB/" can not be assigned to a declared number type with value 120.
Date_1	1802-06-11	Marginal Summary Numbering
Box	120	Main Headings	panopticon versus new south wales
Folio number	099	Info in main headings field	n. s. wales
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d2
Penner	jeremy bentham	Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	39925
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