JB/116/453/001

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New South Wales
Conduct Causes Contents 11 July 1802

Necessity of Convicts

Kind people would not
go to that enormously
distant part of the glove
as they do to ensure that
nobody would go there
that was not forced.
Convicts were the only set
of people that would be
found.

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1
1

Cause of the omissiv
nature and probable
effect of it recapitulated
— Army and
people try other consigned
to probable
destruction by ,
for want of the necessary
powers of government —
p. 328.

2 1

Such an omission
could not have been
the result of more oversight
— strong
the marks of it
are throughout the business .
p. 39
the incapacity
was. p. 34 9 .

3

Probable cause — the
of stating the case clearly
to Parliament —
A Colony for
had been determined upon
for which provision for
Convicts was to be the doctrine . —
A

A population so unpoluted
— and at that
distance would not be
governed (it was seen)
but by a single hand.
p. 35 .41

4

The recent case of the
Government
had shown that any
division of power would
be hazardous in the
extreme . p. 38 42

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2 3

The actual existence of legal
powers was supposed
to be supplied
in effect by the business
of it. p.

6

Still the question occurrs
why trust to any such chance .

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5

Men were afraid of
to Parliament
a constitution so unpopular ,
for an establishment which could
not have borne examining
into in other
respects. p. 37 43

6 4

Arbitrary power (they
saw) would arise out
of necessity: and that
necessity they trusted
to for their d justification.
p. 38 44

7

But though the necessity
was real and
natural in the instance
of the Governer;
it was factitious and
voluntary on the part
of the founders,
at home. p. 38 44

8 . 16 16

Pitt's known ,
and
, afford a natural
mode of accounting
for this
and insideous
course. p, 39 45
. 16

9

Whether the Governer
has legislated without authority -
or with under an
illegal one , may be
ascertained by a
committee of Parliament
p. 48.

10

The art of doing illegal
things to save
trouble was learnt
by Pitt as his father
used D in the
case of the
put upon the Corn Laws
in 1766. p. 47, 48.

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5 6 Note

In what way arbitrary
power grows out
of necessity — Propensity
in mankind to
legal where there
is none — p.*38 39
*34.40

11

Then not there manifested
would naturally
be taken for a precedent.
p*34.

12

The computation was
thus to have burnt
to save trouble. p*35.

13

This case was likely
to have been learnt , at
the time , by Pitt , though
then in the . p.35

14

Circumstances which
in 1766 enabled Pitt
1st to escape censure.
p. *36.

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15

Circumstance trusted
to by Pitt 2 for saving
himself from censure in
1786.
1. The oppressed class
odious and dispised —
2. The same distrust —
chosen as each by
themselves .
3. The illegality of the
power would hardly
be of, by
the Governor , by whom it was to be
4. It would
be understood by
him —
5. — less by those
over whom .
p.*37.

15 .8

The calculation was —
that the legal course —
of at
would be more troublesome.
p.*38.
of the
17

17

The desire of saving trouble
was the that determined
Pitt as to the
putting off Panopticon —
whence the reaction
of this address — p.* 38.

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Conduct

Thy have
I thinketh for it , if from
one of when
for seven long years it
has been their sport to
upon — thy learn
if not been taught — how men ought
to legislate — at any rate
— and by their own example —
have men
sought not to legislate.

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Identifier: | JB/116/453/001"JB/" can not be assigned to a declared number type with value 116.
Date_1	1802-07-11	Marginal Summary Numbering	1-17
Box	116	Main Headings	panopticon versus new south wales
Folio number	453	Info in main headings field	new south wales conduct causes contents
Image	001	Titles
Category	marginal summary sheet	Number of Pages	2
Recto/Verso	recto	Page Numbering
Penner	jeremy bentham	Watermarks	tw 1794
Marginals		Paper Producer	francis hall
Corrections	jeremy bentham	Paper Produced in Year	1794
Notes public		ID Number	37986
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