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< | <head>13 June 1802</head><lb/> | ||
<head>N.S. Wales</head> | <head>N.S. Wales</head> | ||
<note>6. Conduct<lb/>Treatment<lb/>2. Bondage</note> | <note><!-- written in pencil -->6. Conduct<lb/>Treatment<lb/>2. Bondage</note> | ||
<note>9<lb/>This power not<lb/>being given in the<lb/>case of a cleryable<lb/>offence, hence<lb/>the greater the criminal<lb/> has an indulgence<lb/>refused to the less.<lb/>By <hi rend="underline">law</hi>, | <note><!-- written in pencil -->9<lb/>This power not<lb/>being given in the<lb/>case of a cleryable<lb/>offence, hence<lb/>the greater the criminal<lb/> has an indulgence<lb/>refused to the less.<lb/>By <hi rend="underline">law</hi>, clergyable<lb/>felons may<lb/>be admitted to<lb/>buy up the bondage<lb/>(as above<lb/>if the Crown does<lb/> not oppose it<lb/>though not the<lb/>transportation.</note> | ||
<p><add>Or</add> Compare <add>now</add> the <add>case</add> situation of <del>him</del> the unclergyable felon<lb/>pardoned on condition of <add>self</add> transportation <add><del>transporting himself</del> for life,</add> and the case of<lb/>the clergyable felon transported <del>under</del> <add>according to</add> his sentence the<lb/>following incongruity is <add>incongruities/inconsistencies are</add> observable. In the case of<lb/>the <del>famous</del> reputedly greater offence a provision is made<lb/> whereby the convict may <add>stand/receive an exemption</add> be exempted from the inconveniences <add>discomfort</add><lb/><add>and danger</add> of a forced voyage in a crowded ship<lb/>as well as from the bondage at the end of it: <del>In the</del><lb/>and from both in a regular way by the authority of<lb/>the executive government openly <add>acted under</add> executed on the advice<lb/>of offices of the Crown responsible for their advice. <add>To</add> In <lb/>the case of the reputedly lesser offence, no such provision<lb/><add>extends</add> is made: but in a clandestine way by bargain with a<lb/><add>the individual</add> a contracting Merchant—<add>with</add> a man who does not<lb/>so much as profess a public thought upon the subject<lb/> nor any thought but what is inspired by the desire<lb/>of pecuniary gain the Convict, possessed (at least<lb/>in so far as the Act <add>law</add> is conformed to) possesses if he <add>happens</add> is<lb/><add>to be</add>rich enough<add>[+]</add><note><add>+</add> possesses (at least so<lb/>far as the Act is<lb/>conformed to)</note> the faculty of buying off his bondage<lb/><del>but not if</del> at the end of the voyage <add>though none under this new system</add> <del>but not of saving</del><lb/>not as under the old, the faculty of saving <lb/>himself from the <del>inconveniences</del> discomforts <add>and dangers of the voyage</add> during<lb/>the continuance of it.</p> | |||
<note>10<lb/>But in the transportation<lb/>to New<lb/>South Wales, they<lb/>can not now<lb/>do either.</note> | |||
<note><!-- written in pencil -->10<lb/>But in the transportation<lb/>to New<lb/>South Wales, they<lb/>can not now<lb/>do either.</note> | |||
<p>Thus stands the parallel between the two cases<lb/>in point of law: but in point of fact as <add>taking</add> the practice<lb/>as it appears to have gone on hitherto the incongruity is<lb/>still more striking. For by <del>a local branch of the law</del><lb/>an exercise of authority, proper had <add>it</add> been legal, but improper<lb/>in a much as it is illegal, Convicts transported to New<lb/>South Wales do not appear to have enjoyed that faculty<lb/>of buying off their bondage which the several laws had left them<lb/>in possession of: so that while the practice <add>there</add> continues upon the<lb/><add>present</add></p> | <p>Thus stands the parallel between the two cases<lb/>in point of law: but in point of fact as <add>taking</add> the practice<lb/>as it appears to have gone on hitherto the incongruity is<lb/>still more striking. For by <del>a local branch of the law</del><lb/>an exercise of authority, proper had <add>it</add> been legal, but improper<lb/>in a much as it is illegal, Convicts transported to New<lb/>South Wales do not appear to have enjoyed that faculty<lb/>of buying off their bondage which the several laws had left them<lb/>in possession of: so that while the practice <add>there</add> continues upon the<lb/><add>present</add></p> | ||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
13 June 1802
N.S. Wales
6. Conduct
Treatment
2. Bondage
9
This power not
being given in the
case of a cleryable
offence, hence
the greater the criminal
has an indulgence
refused to the less.
By law, clergyable
felons may
be admitted to
buy up the bondage
(as above
if the Crown does
not oppose it
though not the
transportation.
Or Compare now the case situation of him the unclergyable felon
pardoned on condition of self transportation transporting himself for life, and the case of
the clergyable felon transported under according to his sentence the
following incongruity is incongruities/inconsistencies are observable. In the case of
the famous reputedly greater offence a provision is made
whereby the convict may stand/receive an exemption be exempted from the inconveniences discomfort
and danger of a forced voyage in a crowded ship
as well as from the bondage at the end of it: In the
and from both in a regular way by the authority of
the executive government openly acted under executed on the advice
of offices of the Crown responsible for their advice. To In
the case of the reputedly lesser offence, no such provision
extends is made: but in a clandestine way by bargain with a
the individual a contracting Merchant—with a man who does not
so much as profess a public thought upon the subject
nor any thought but what is inspired by the desire
of pecuniary gain the Convict, possessed (at least
in so far as the Act law is conformed to) possesses if he happens is
to berich enough[+]+ possesses (at least so
far as the Act is
conformed to) the faculty of buying off his bondage
but not if at the end of the voyage though none under this new system but not of saving
not as under the old, the faculty of saving
himself from the inconveniences discomforts and dangers of the voyage during
the continuance of it.
10
But in the transportation
to New
South Wales, they
can not now
do either.
Thus stands the parallel between the two cases
in point of law: but in point of fact as taking the practice
as it appears to have gone on hitherto the incongruity is
still more striking. For by a local branch of the law
an exercise of authority, proper had it been legal, but improper
in a much as it is illegal, Convicts transported to New
South Wales do not appear to have enjoyed that faculty
of buying off their bondage which the several laws had left them
in possession of: so that while the practice there continues upon the
present
|
Identifier: | JB/116/211/001"JB/" can not be assigned to a declared number type with value 116. |
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1802-06-13 |
9-10 |
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116 |
panopticon versus new south wales |
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211 |
n. s. wales |
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|
001 |
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|
text sheet |
1 |
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|
recto |
e5 / f40 |
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|
jeremy bentham |
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37744 |
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