JB/121/393/001

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18 Apr 1802
Dispensing power

In the midst of all this vapouring, Your Lordship
may have observed the mention made of the "Judges".
In On the question made respecting the of illegality of the
enterprize this feature the passage of it was scarce not worth mentioning speaking
of: – but on the question concerning of mala fides
of the consciousness of the repugnancy between the law
and the measure pretended to be grounded in it, this
excursion may have a claim to notice. Your Lordship
has seen a par, though but a part of his triumph over the legislature:
but the triumph over the legislature itself would have been
incompleat, if the Judges had not been included in
it, by and included in it by name.

He The improvidence of betray'd by Parliament in the choice made
of the Penitentiary System is demonstrated by the in the manner Your Lordship has seen in the
above choice of reasons. This Against this improvidence however of
the Judges not to be refuted by it might still a resource might still be found, in the legal power and providence of the Judges,⊞1 ⊞1 if it were that the Judges themselves would be infected by it
be corrected by the power of the judges, if Judges were
not what they are: for, whatever provision may
be supposed for argument sake to have been made in provision of the pleasure of Parliament
in this "the Panopticon" for the reception of those
untransportable supposing Convicts,⊞2 ⊞2 (I mean supposing Parliament obey'd, and the Panopticon set up, in notwithstanding his determination to prevent it) the number actually eventually consigned to it will still depend upon the Judges (as the Duke observes) "depend upon the ... Judges." it will still "depend on the
opinion of the Judges, what number of those Convicts
shall be confined there. Some relief might therefore
be to be hoped for from the grand mischief this train of mischief
of all mischief the above predicted train of mischiefs if Judges were what they ought to be.
for this purpose it would have been to be wished they were. But Judges are what they are: and it is the knowing, so well as
he

Identifier: | JB/121/393/001 "JB/" can not be assigned to a declared number type with value 121.
Date_1	1802-04-18	Marginal Summary Numbering
Box	121	Main Headings	Panopticon
Folio number	393	Info in main headings field	Dispensing power
Image	001	Titles
Category	Text sheet	Number of Pages	1
Recto/Verso	"Recto" is not in the list (recto, verso) of allowed values for the "Rectoverso" property.	Page Numbering	D7 / E1 / F29*
Penner		Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public	[[notes_public::Quere an inserendum? [note in Bentham's hand]]]	ID Number	001
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