JB/120/098/001

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N.S. Wales

11 June 1802

3. Incapacitation
Fraud upon the
legislature proved.

I call it a fraud upon the legislature. I will
retract the imputation—and that most readily and gladly
if any the instant that any person will make out it shall have made been
established to the satisfaction of an impartial mind two propositions—
1. that the supposed superior difficulty of return
was not among the circumstances considerations that contributed
to the choice made of this unprecedently distant
spot: 2. that this supposed advantage was ever
stated in to that character were presented by any Servant
of the Crown to the view of the House of Commons—
I might have said of either House. It is altogether
beyond my expectation that either of these propositions
will be so much as asserted by any body—much less proved.

The very circumstance of time is sufficient to present afford
An indication to the contrary, is presented by the very
circumstance. It was in the year 1779 that the Act was
passed the power to this effect obtained: Much to it was
not till 17 near the end of 1786 that the advertisements
were made public for vessels for the first transportation expedition to
New South Wales: nor then till after having sought in
"vain upon the African coast for a situation possession
"the requisites for the establishment of a Colony."+

+ Collins p. 1

So long then as there was a design, real or pretended
of fulfilling the real intentions of the legislature—I mean in respect of the continuing
the punishment of transportation in all its degrees of
continuance duration, on the footing established by the legislature—
there was a design search real or pretended was carried on sincere
or [in]sincere for sports in a situation conformable
to that design: for on any part of a coast so much frequented
and so little remote in point of time of arrival length of voyage as the coast
of

Identifier: | JB/120/098/001"JB/" can not be assigned to a declared number type with value 120.
Date_1	1802-06-11	Marginal Summary Numbering
Box	120	Main Headings	panopticon versus new south wales
Folio number	098	Info in main headings field	n. s. wales
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d1
Penner	jeremy bentham	Watermarks	cs 1800
Marginals		Paper Producer	george elrick
Corrections		Paper Produced in Year	1800
Notes public		ID Number	39924
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