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<p>every point except that of the authority under which it has<lb/> been done — what follows? what would the guilty gain by it? <lb/> | |||
<hi rend='superscript'>[+]</hi> <note>Jeopardy <hi rend='superscript'>[+]</hi> re the necessity what it <gap/> did it apply to</note> Does the necessity apply itself to the subversion of the constitution,<lb/> and the violation of the fundamental laws? — Grant that the <lb/>laws that would have been made <del>this</del> last session, if these <lb/>same self-commissioned legislators had taken upon themselves<lb/> during that time the whole of the business of Parliament <lb/> would have been exactly of the same tenor — word for word — <lb/>as those that actually were made by Parliament. would this<lb/> have afforded the smallest excuse to them for constituting themselves <lb/>sole legislators in contempt of Parliament. — </p> | |||
<p>By which of the two opposite views of the matter were<lb/> they led into this contempt? What was their conjecture about <lb/>Parliament? That it would sanction their plans? — or that it<lb/> would refuse its sanction to them? — In either case their conduct <lb/>is almost equally without excuse. Multiply the apprehended <lb/>mischief a thousand fold — call the returning Convicts millions<lb/> instead of thousands — what would the excuse be bettered by it? — <lb/>not a tittle. — Necessity of confining them there? — necessity of<lb/> doing what has been done? — Be it so: — but where was the<lb/> necessity of doing it without Parliament? — the same necessity <lb/>exactly as there is for the imposing the taxes of next Session <lb/>without Parliament. Natural necessity (I have admitted it before) <lb/>is a justification: factitious necessity, neither justification, nor<lb/> even excuse, but aggravation: it is the addition of fraud to <lb/>whatever may be the crime attempted to be exercised by it. — </p> | |||
<p>On pretence of securing the community against the<lb/> return of those obnoxious members they set on foot a measure — <lb/>a measure persevered in for these fourteen years — by which<lb/> <add>if</add> | |||
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28
every point except that of the authority under which it has
been done — what follows? what would the guilty gain by it?
[+] Jeopardy [+] re the necessity what it did it apply to Does the necessity apply itself to the subversion of the constitution,
and the violation of the fundamental laws? — Grant that the
laws that would have been made this last session, if these
same self-commissioned legislators had taken upon themselves
during that time the whole of the business of Parliament
would have been exactly of the same tenor — word for word —
as those that actually were made by Parliament. would this
have afforded the smallest excuse to them for constituting themselves
sole legislators in contempt of Parliament. —
By which of the two opposite views of the matter were
they led into this contempt? What was their conjecture about
Parliament? That it would sanction their plans? — or that it
would refuse its sanction to them? — In either case their conduct
is almost equally without excuse. Multiply the apprehended
mischief a thousand fold — call the returning Convicts millions
instead of thousands — what would the excuse be bettered by it? —
not a tittle. — Necessity of confining them there? — necessity of
doing what has been done? — Be it so: — but where was the
necessity of doing it without Parliament? — the same necessity
exactly as there is for the imposing the taxes of next Session
without Parliament. Natural necessity (I have admitted it before)
is a justification: factitious necessity, neither justification, nor
even excuse, but aggravation: it is the addition of fraud to
whatever may be the crime attempted to be exercised by it. —
On pretence of securing the community against the
return of those obnoxious members they set on foot a measure —
a measure persevered in for these fourteen years — by which
if
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Identifier: | JB/116/299/002"JB/" can not be assigned to a declared number type with value 116. |
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116 |
panopticon versus new south wales |
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299 |
n. s. wales |
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002 |
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copy/fair copy sheet |
2 |
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recto |
d27 f83 / d28 f84 |
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john herbert koe |
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37832 |
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