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10 April 1802 (E)
Dispensing power

As far as principles, – declared principles are concerned
(principles, I say, for principles and practice
as your Lordship will see, are very different things)
the Hulk system fares us better with his Grace than
the Penitentiary System: the 15th Parliament than
the 18th. This third mode of disposing of Convicts
is set up (as Your Lordship may have observed) not
only against the third mode "required" by Parliament
to be provided (the Penitentiary establishment by the Act
of 1794, but against confinement on board the Hulks, which was one of the two modes actually
provided appointed by Parliament (Confinement on board the Hulks)
by by a former Act (the Act of 1779) and which from that time to the present has been as every body knows in practice. For, the principle – the proposition,
is – that the Gaols will would go to ruin – the
"spirit of improvement" ... "in respect of" them will be checked
"the Gaols" will be "neglected" if any "such persons"
should ever be "moved from" them as they can be made
to hold: and when the a Gaol is thus deprived of an
inhabitant to which it has so good clear indispensable irrefragable a title, it does
appear that it will be the less a sufferer by his
being confined on board th a Hulk, than by his being
confined in a Penitentiary House.

When then we have two Acts of Parliament trod
upon by the Duke in beating the bush for in his eagerness to find out pretences
for destroying the Penitentiary House.

I have read examined the Act – I understand the object of it. That object has two
parts. In respect to the first, I am content to pursue what I pretend to
understand to be the object of Parliament. But as to the other not the object of
Parliament – but my own notions of expediency shall be my guide.
⊞ was the only sentiment he felt for the authority of Parliament: as yet is
enough for him to feel it. And he must avow it.
I speak of a moderate ambition: the ambition of a man who was determined
to pay as much respect as consistently with his project he could testify for the
authority of Parliament. But such was not the ambition of this Duke. Contempt
I do not mean that
the Duke went wilfully
out of his way for the special
purpose of defying breaking the authority
of Parliament. I mean no
more than that in pursuit
of his object he was regardless
to what a degree, and
in the instance of how many
of ill laws he
opposed his own will to the authority
of Parliament. The contempt
I accuse him of inconsistency
for the authority of Parliament
is not in the instance of
that law or in that of the
others a
contempt, but only a
negligent silent one: not
the contempt of hostility
but the contempt of
True it is that
According to The principle been
assumed, both still required
to be I involved in
one common fate: and thus
far it a which his
attack upon the Act of
1779 was not a wanton
one. But to a man of
moderate ambition the definite a
overruling breast of an Act of
Parliament would have afforded
sufficient triumph, He would
have principle
set up by him
would have been but an
one as should have
made it necessary for him
to run counter to to tell against
even Acts of Parliament
<add>than one:–
than the one which at any
rule was to be defended. If
no such principle had him
to be found to would either
leave, or "relinquished the project
altogether" – or what
would have been the safest
and least imprudent method
of pursuing it he would
have brought it to become as
he might have done by mere
inaction and .

Identifier: | JB/121/466/001
"JB/" can not be assigned to a declared number type with value 121.



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Dispensing power





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D1 / F31





Jeremy Bentham

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Jeremy Bentham

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