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The mere keeping in the CountyJails men who ought
to have been sent elsewhere would not of itself
be an act of legislative power, or at least it would
not have been to such as to have been
an object of censure. It might would have been wrong
– but that sort of wrong, which being the apparent to appearance the
fruit of error is exprated, as soon as the error
is corrected – the wrong practice changed. given up. The
here saying my usher is that the Convicts
ought to be kept in the Jails and in my conception County as many
as possible the room would allow to be kept in the County Jails, and
as far as possible in the Penitentiary House –
in a this notion how groundless, and wrong-headed
soever – would not have amounted
to an assumption of dispensing or legislative power had
not even perhaps in that Executive Inter alia
had nothing been done in consequence pursuance of it.
The act might not have been enough without the
intention – the intention might not have been
enough without the Act – but when both
act and intention meet, the one each explaining
the one consummating the other, what more can
be requisite to constitute as compleat an assumption
of legislative power, as mind and
blind ambition can instigated and sordid corruption could wish
to effect compass, were it not for the punishment that
might ensue?
Identifier: | JB/121/423/001 "JB/" can not be assigned to a declared number type with value 121.
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1802-02-18 |
14 |
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121 |
Panopticon |
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423 |
Observations on the Duke's dispensing power |
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001 |
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Text sheet |
1 |
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"Recto" is not in the list (recto, verso) of allowed values for the "Rectoverso" property.
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D13 / F104 |
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1800 |
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1800 |
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001 |
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