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+<lb/>27 June 1802 9<lb/><lb/><head>N. S. Wales</head><lb/><note>Conduct<lb/>and Escapes</note><lb/><add>So far as the account goes,</add> Your Lordship has seen the instructions, such as they were received<lb/>in <add>"</add> August 1792 <del>in 179</del>. I will now present <del><gap/></del> Your Lordship with the<lb/><del>in 179</del> <del>Such were the instructions:</del> <del><gap/>, my Lord, of the</del><lb/><add><del><gap/></del> execution and effect of</add> <del>effect of</del> them: prefacing it with <add><del>an account of</del> the events of</add> the preceding period of<lb/><note>9<lb/>Effect of the want<lb/>of plan<lb/>1. Where there was<lb/>no plan formed<lb/>for <gap/> the<lb/>return of non-<lb/>-expirees, expirees<lb/>were <gap/> by<lb/>right - real or<lb/>pretended of not<lb/>sending out the papers<lb/>evidencing the length<lb/>of their terms.<lb/></note>opposite instruction, or no - instruction, I am unable to say which.<lb/><lb/>In July 1789 when <hi rend="underline">"little more than two years</hi><lb/>"had <hi rend="underline">elapsed</hi> since the departure" of the first expedition "from<lb/><note>Collins p. 74.</note><lb/>"England, several Convicts," <sic>alledging</sic> that <hi rend="underline">their terms were</hi><lb/><hi rend="underline">expired</hi>, "claimed to be restored to the privilege of freemen."<lb/>Were the allegations true? This was what could not be <del><gap/>.</del> ascertained:<lb/><del><gap/></del> to make sure, they were kept on in bondage.<lb/>The papers <add><gap/></add> (it is said) had been delivered to "the Masters<lb/>"of the transports:" and these <add><del>they</del></add> men, instead of bringing them<lb/>to New south Wales, left them, or pretended to have left<lb/><del>with</del> them, with their owners in England.<hi rend="superscript">(a)</hi> The story is<lb/><note><hi rend="superscript">(a)</hi> Note in p. <del>59</del> 60<lb/>quoting the passage</note><lb/>as curious as it is obscure: Papers <del>directed</del> sent from<lb/>the Secretary of States Office, and, directed either to the<lb/>Governor, or to the Judge Advocate &#x2014; for to whom else could<lb/>it they have been directed? <add>Papers thus directed,</add> delivered &#x2014; not to the person in<lb/><add>New South Wales</add> <del>England</del> to whom they were directed, but to a person in<lb/>England, who had <del>little</del> no business with them: and that<lb/><del>happening not</del> misdelivery not performed by one person<lb/>only, but by an <del>unknown</del> <add>unspecified</add> number of persons, <add>perhaps</add> at the<lb/><del>same time or different times.</del> <add>same time, perhaps at different successive times.</add> Be this as it may, <del>their</del> <add>the</add><lb/>affidavits of the claimants were taken and, by the candour<lb/><del>allegations were by the Judge Advocate the most candid of</del><lb/>and discernment of the Judge Advocate, the allegations were with the<lb/><add>highest appearance of reason regarded (it seems)</add> <del><gap/> regarded it appears</del> as true: and indeed they<lb/>could scarcely have been otherwise, unless <add>the intelligence of <del>knowledge of</del></add> an omission<lb/>such as no human ingenuity could have imagined<lb/>had found its way to persons in the situation of the con-<lb/>-victs: a fact <del>which is not reported</del>, neither probable<lb/>in itself, nor <del><gap/></del> <add>stated as such</add> by Captain Collins.<lb/><lb/>In England, the presumption is always, <del><gap/></del><lb/><del>to the</del> <add>if the so much <gap/>, and too often even superstitously pursued</add> <del><gap/></del> law <gap/> is to be believed, <hi rend="underline">in favo-</hi><lb/><hi rend="underline">-rum libertatus.</hi> Thus, at the <gap/>, when justice is turned topsy-turvy,
<head>27 June 1802 9</head>
<head>N. S. Wales</head>
 
<p><note>Conduct<lb/>and Escapes</note><lb/>
<add>So far as the account goes,</add> Your Lordship has seen the instructions, such as they were received<lb/>in <add>"</add> August 1792 <del>in 179</del>. I will now present <del><gap/></del> Your Lordship with the<lb/>
<del>in 179</del> <del>Such were the instructions:</del> <del>now, my Lord, of the</del><lb/><add><del><gap/></del> execution and effect of</add> <del>effect of</del> them: prefacing it with <add><del>an account of</del> <add>the events of</add></add> the preceding period of<lb/><note>9<lb/>Effect of the want<lb/>of plan<lb/>
1. Where there was<lb/>no plan formed<lb/>for preventing the<lb/>return of non-<lb/>-expirees, expirees<lb/>were <gap/> by<lb/>right - real or<lb/>pretended of not<lb/>sending out the papers<lb/>evidencing the length<lb/>of their terms.</note><lb/>
opposite instruction, or no - instruction, I am unable to say which.</p>
 
<p>In July 1789 when <hi rend="underline">"little more than two years</hi><lb/>"had <hi rend="underline">elapsed</hi> since the departure" of the first expedition "from<lb/><note>Collins p. 74.</note><lb/>"England, several Convicts," <sic>alledging</sic> that <hi rend="underline">their terms were</hi><lb/><hi rend="underline">expired</hi>, "claimed to be restored to the privilege of freemen."<lb/>Were the allegations true? This was what could not be <del>verified.</del> <add>ascertained</add>:<lb/>
<add><del><gap/></del> to make sure, they were kept on in bondage.</add> The papers <add><gap/></add> (it is said) had been delivered to "the Masters<lb/>"of the transports:" and these <add><del>they</del></add> men, instead of bringing them<lb/>to New South Wales, left them, or pretended to have left<lb/><del>with</del> them, with their owners in England.<hi rend="superscript">(a)</hi> The story is<lb/><note><hi rend="superscript">(a)</hi> Note in p. <del>59</del> 60<lb/>quoting the passage</note><lb/>as curious as it is obscure: Papers <del>directed</del> sent from<lb/>the Secretary of States Office, and, directed either to the<lb/>Governor, or to the Judge Advocate &#x2014; for to whom else could<lb/>it they have been directed? <add>Papers thus directed,</add> delivered &#x2014; not to the person in<lb/><add>New South Wales</add> <del>England</del> to whom they were directed, but to a person in<lb/>England, who had <del>little</del> no business with them: and that<lb/>
<del>happening not</del> misdelivery not performed by one person<lb/>
only, but by an <del>unknown</del> <add>unspecified</add> number of persons, <add>perhaps</add> at the<lb/>
<del>same time or different times.</del> <add>same time, perhaps at different successive times.</add> Be this as it may, <del>their</del> <add>the</add><lb/>
affidavits of the claimants were taken and, by the candour<lb/><del>allegations were by the Judge Advocate the most candid of</del><lb/>and discernment of the Judge Advocate, the allegations were with the<lb/>
<add>highest appearance of reason regarded (it seems)</add> <del><gap/> regarded it appears</del> as true: and indeed they<lb/>
could scarcely have been otherwise, unless <add>the intelligence of <del>knowledge of</del></add> an omission<lb/>
such as no human ingenuity could have imagined<lb/>
had found its way to persons in the situation of the convicts:<lb/>  
a fact <del>which is not reported</del>, neither probable<lb/>
in itself, nor <del><gap/></del> <add>stated as such</add> by Captain Collins.</p>
 
<p>In England, the presumption is always, <del>according</del><lb/><del>to the</del> <add>if the so much <gap/>, and too often even superstitously pursued</add> <del><gap/></del> law <gap/> is to be believed, <hi rend="underline">in favorum<lb/> libertatus.</hi> Thus, at the antipodes, when justice is turned topsy-turvy,</p>






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27 June 1802 9 N. S. Wales

Conduct
and Escapes

So far as the account goes, Your Lordship has seen the instructions, such as they were received
in " August 1792 in 179. I will now present Your Lordship with the
in 179 Such were the instructions: now, my Lord, of the
execution and effect of effect of them: prefacing it with an account of <add>the events of</add> the preceding period of
9
Effect of the want
of plan
1. Where there was
no plan formed
for preventing the
return of non-
-expirees, expirees
were by
right - real or
pretended of not
sending out the papers
evidencing the length
of their terms.

opposite instruction, or no - instruction, I am unable to say which.

In July 1789 when "little more than two years
"had elapsed since the departure" of the first expedition "from
Collins p. 74.
"England, several Convicts," alledging that their terms were
expired, "claimed to be restored to the privilege of freemen."
Were the allegations true? This was what could not be verified. ascertained:
to make sure, they were kept on in bondage. The papers (it is said) had been delivered to "the Masters
"of the transports:" and these they men, instead of bringing them
to New South Wales, left them, or pretended to have left
with them, with their owners in England.(a) The story is
(a) Note in p. 59 60
quoting the passage

as curious as it is obscure: Papers directed sent from
the Secretary of States Office, and, directed either to the
Governor, or to the Judge Advocate — for to whom else could
it they have been directed? Papers thus directed, delivered — not to the person in
New South Wales England to whom they were directed, but to a person in
England, who had little no business with them: and that
happening not misdelivery not performed by one person
only, but by an unknown unspecified number of persons, perhaps at the
same time or different times. same time, perhaps at different successive times. Be this as it may, their the
affidavits of the claimants were taken and, by the candour
allegations were by the Judge Advocate the most candid of
and discernment of the Judge Advocate, the allegations were with the
highest appearance of reason regarded (it seems) regarded it appears as true: and indeed they
could scarcely have been otherwise, unless the intelligence of knowledge of an omission
such as no human ingenuity could have imagined
had found its way to persons in the situation of the convicts:
a fact which is not reported, neither probable
in itself, nor stated as such by Captain Collins.

In England, the presumption is always, according
to the if the so much , and too often even superstitously pursued law is to be believed, in favorum
libertatus.
Thus, at the antipodes, when justice is turned topsy-turvy,




Identifier: | JB/116/320/001"JB/" can not be assigned to a declared number type with value 116.

Date_1

1802-06-27

Marginal Summary Numbering

Box

116

Main Headings

panopticon versus new south wales

Folio number

320

Info in main headings field

n. s. wales

Image

001

Titles

Category

text sheet

Number of Pages

1

Recto/Verso

recto

Page Numbering

d9

Penner

jeremy bentham

Watermarks

[[watermarks::[monogram] 1800]]

Marginals

jeremy bentham

Paper Producer

Corrections

jeremy bentham

Paper Produced in Year

1800

Notes public

ID Number

37853

Box Contents

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