JB/116/277/001

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Charges
recapitualted
against the
Duke
1. Opinion against
the authority of
Parliament.

In conclusion, my Lord, I am inclined to
think Your Lordship will find the following charges
against the Duke of Portland, but too well established.
1. That he has not only assumed, but concurred in the
exercise of a dispensing power, by defeating the sole advancing positions
tending to warrant him in defeating—and defeating accordingly, the sole object of the Act of 1794, by which a Penitentiary establishment
was required to be set on foot:—and in so doing
has been guilty of an illegal exercise of illegal power legislative power act amounting in its effects
to the repeal of an imperative Act law of Parliament.

2. That he has assumed and has exercised the power
of destroying of punishing convicts according to by a mode of his own choice punishment of his
of instituting establishing a measure of his own, in cases
own appointment choice, in cases in which that dispensing mode of punishment
had was by an Act of Parliament been expressly forbidden to be employ'd:
and in so doing has been guilty of an another illegal exercise of
illegal legislative power, amounting in its effects to the enactment
of a positive imperative law, as well as to the repeal
of a prohibitive law.

3. That, in another instance—the instance of the
mode of punishment consisting of confinement on board
Hulks—he has assumed at any rate (whether
in any and what degree he may have exercised it being
matter of enquiry) a dispensing power, viz: that of
defeating one an that our of the declared objects of another Act the Act of 1779: by in
which so far as the confinement of convicts of a certain description
on board the Hulks is among laid down as one of
the modes of Punishment, the choice of which is therein committed
to the respective Courts: and in so doing has been guilty
of another illegal exercise of legislative power, amounting in its
effects to the repeal of the corresponding portion of another imperative law.

Identifier: | JB/116/277/001"JB/" can not be assigned to a declared number type with value 116.
Date_1		Marginal Summary Numbering	not numbered
Box	116	Main Headings	panopticon versus new south wales
Folio number	277	Info in main headings field
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d1
Penner	jeremy bentham	Watermarks	1800
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year	1800
Notes public		ID Number	37810
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