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Oct:r 17:th 1795
Supplement Observations
relative to the Power of Assignment mentioned in
Art 1, § 5 & Art 4 § 10 of the Draught
of the
Penitentiary Contract
The object of these observations is to endeavour to confirm
if necessary, in Mr Soll:r Gen:ls mind, the opinion
of the propriety of the amendment he has been pleased to make, in
exclusion of the alternative that had at first suggested
itself to him.
What the intention of all parties was is clear upon
the face of the Draught: should the amendment fail
in any degree of giving to that intention its full effect,
the inconvenience will fall wholly upon the Contractors,
and not in any degree upon Government. Were the
alternative to be adopted it would not be comfortable
to the intention above declared, and it would clash very
much with the General B’s views & interests as well as
with Mr. B’s. Nothing but absolute necessity would
prevail upon either of them to consent to it. The
suggestion of the alternative, were it to stand, would
refer the decision to their Lordships, who, after being
perplexed by it for months, could do no otherwise than
refer the doubt for solution to the source from whence
it sprung. As
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