JB/121/467/001

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20 Apr. 1802
Dispensing power
Note

To a certain degree in certain circumstances the practice of keeping Convicts
transportable as well as intransportable in these Gaols, is
not illegal: being warranted by the necessity of the case,
recognised in a manner, though but indirectly by
Parliament. I mean in the Act of 1779: which in the
first section of it, after reciting that "transportation to
America is attended with many difficulties..." puts the case
that "a person convicted... hath already been ordered to be
"so transported, but such Order hath not yet been executed"
and then goes on to give power to the proper Court, "if
"such Court shall think fit, to order and adjudge that such
"person shall be transported to any parts beyond the Seas...
"whether in America or elsewhere."

But in speaking the supposition thus made of the temporary
suspension thus put to the execution of the law, it
refers declaredly to those difficulties as the cause of it. The
warrant allowance thus given to the keeping of transportable Convicts
in the Gaols – in the places in which through necessity
they were kept, until those difficulties should be removed
can not be with propriety understood as meant to continue after
the removal of those individual particular difficulties. Made Much less can
this be any countenance be drawn for this Act or
any thing else to a design of in ⊞ ⊞ of raising up difficulties to the place any mode of disposing of them as should by Parliament has directed, creating any such
necessity difficulties for the purpose of justifying obtaining a sunder
for this mode. Disposing of Convicts Doing without pretence
of necessity what is not authorized by Parliament, is true usurpative
simply: doing it the same thing as preliminary of necessity, that necessity being a factitious one, and manufactured created for the purpose
is usurpation operating by fraud.

Identifier: | JB/121/467/001 "JB/" can not be assigned to a declared number type with value 121.
Date_1	1802-04-20	Marginal Summary Numbering	Not numbered
Box	121	Main Headings	Panopticon
Folio number	467	Info in main headings field	Dispensing power
Image	001	Titles	Note
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
Penner		Watermarks
Marginals	Jeremy Bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	001
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