JB/121/070/003

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§8 F. 12 + Establishment enlarged &c (20 Doc) (41

N.B. This Section (it is evident) does nothing towards giving a description of
the Classes of Convicts capable of being consigned to the Penitentiary House,
but occupies itself only about the powers, under which they shall be dealt with:
the descriptions of the classes of Convicts it supposes pre-established by §.1 already
recited.

N.B. Along with this is sent a copy of so much of the Statute in question
as concerns the matter in hand: the words as above recited that apply to the
question being scored under with Red Ink. —

If the sentence, containing the words commented upon, were but left
out, all the rest of the letter would be clear at least, if not absolutely unexceptionable
What may be considered as the second part of the letter, is occupied by the "other"
class of Convicts in question viz: untransportable ones: and it is in relation to
this that an inclination is expressed to think it very inexpedient to move them
from the County Gaols unless the crowded state of those Gaols should render it
absolutely necessary. In this inclination, as thus expressed, there is nothing indeed
that runs directly in the teeth of the letter of the law: and yet, after Parliament
has passed an Act, for the express and declared purpose of consigning to the prison in question
the class of untransportable Convicts, as well as the class of transportable ones, it
does seem like a stretch of authority — an assumption of something very like legislative
power (b) — (b) In notes to take measures, for the express purpose, of ordering the execution of this part
of the intentions of the Act physically impracticable. By this means the Secretary
of State for the time being, not content with pursuing his own notions of what is
expedient in this behalf, while he himself continues of Office, ties up the hands of
his Successors, and forces them to pursue the same notions of expedience, however opposite
their own may be. —

Identifier: | JB/121/070/003 "JB/" can not be assigned to a declared number type with value 121.
Date_1	1800-03-10	Marginal Summary Numbering
Box	121	Main Headings	Panopticon
Folio number	070	Info in main headings field	Establishment Enlarged
Image	003	Titles	Mr Bentham to Mr Nepean
Category	Correspondence	Number of Pages	4
Recto/Verso	"Recto" is not in the list (recto, verso) of allowed values for the "Rectoverso" property.	Page Numbering	D18 F45 / D19 F46 / D20 F47 / D20 F48
Penner		Watermarks	1798 AM
Marginals		Paper Producer	Frances Wright
Corrections	Jeremy Bentham	Paper Produced in Year	1798
Notes public	See note to letter 1514, vol. 6	ID Number	003
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