JB/121/466/001

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10 April 1802 (E)
Dispensing power

31
1
II. Criminality
Hulks

The principle is
equally contemptuous
to two Parliaments
equally proscriptive
of the Hulks, and
the Penitentiary House

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 no 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.

Here 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
it enough for him to feel it, but 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 its 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 this instance of
that law or in that of the
others a vaunting loquatary
contempt, but only a disdainful
negligent silent one: not
the contempt of hostility
but the contempt of
negligence.

True it is that
According to The principle here
assumed, both still required
to be to involved in
one common fate: and thus
far it is true that his
attack upon the Act of
1779 was not a wanton
one. But to a man of
moderate ambition the defeat a triumph
overruling break of an Act of
Parliament would have afforded
sufficient triumph. He would
principle set up by him
would have been such an
one as should have
made it necessary for him
to run counter to to tell against
more Acts of Parliament
than one: — than the one which at any
rate was to be defeated. If
no such principle had here
to be found he 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 silence.

Identifier: | JB/121/466/001 "JB/" can not be assigned to a declared number type with value 121.
Date_1	1802-04-10	Marginal Summary Numbering	Not numbered
Box	121	Main Headings	Panopticon
Folio number	466	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	D1 / F31
Penner		Watermarks	1800
Marginals	Jeremy Bentham	Paper Producer
Corrections	Jeremy Bentham	Paper Produced in Year	1800
Notes public		ID Number	001
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