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<head>13 June 1802  39 <lb/>N. S. Wales</head>
 
<p>One <add>A</add> case there is <del>as</del> (I have just been observing) in <lb/>which the intervention of a private Contractor is not necessary.<lb/> This is where <del>a Convict having been convicted<lb/> of an
unclergyable offence of</del> <add>the offence being an unclergyable <lb/> felony &#x2014;</add> an offence punished with death <lb/><add>the Convict</add> has received "a conditional pardon" on condition of transportation<lb/> for "any number of years" or "for .. life". In this <lb/>case <del>a case is supposed</del> by a special exception, power<lb/> is <add>reserved or</add> granted to his Majesty to "authorize" the Convict <del>the</del> to<lb/> <del>perform the operation of transportation</del> <add>be his own transporter</add> upon himself.</p>


<p>By this clause <add>does</add> a good deal more is done than is <lb/>said by it. What it professes is to give <add>All it speaks of is giving</add> is a <add>transient</add> momentary<lb/> accommodation: <del>wh</del> but in addition to this it gives<lb/> without speaking of it, as if it were a thing not worth<lb/> speaking of, perpetual freedom in the <unclear>room</unclear> of equally <lb/>perpetual bondage.</p>


<p>The reason <add>final cause</add> of this distinction is not difficult to<lb/> conceive. In <add>Among</add> <sic>chargyable</sic> felonies it seldom happens that <lb/><del>the</del> offences <add>any offences</add> are included <del>by</del> but offences of <add>low bred</add> indigence: <del>if</del> <lb/>the offence of <del>a man</del> an uneducated man, who was<lb/> or ought to have been a working man, gaining his <add>habituated to</add> <sic>livelyhood</sic> by common labour: to a man of this class <lb/>forced labour <del>will</del> <add>is</add> not apt to present itself as an inapposite punishment. But unclergyable felony is a <add>class</add> born <lb/>of wider extent comprehending in addition to the former <lb/> those offences which now and then may fall to the lot<lb/> understood to belong to the class of gentlemen &#x2014; <del>such as </del><lb/> Murder, Rape, Forgery <add>for example</add> &#x2014; but above all <add> Traditional</add> <del>State</del> <del>delinquency</del> <add>disaffection</add>  <del> &amp; State offences</del>  <lb/>in <add>under</add> a variety of <del>denominations</del>. <add>shapes. <del>and</del></add> For example the <add>case of the</add> Irish<lb/> Rebels, and English and Scotch seditionists.</p>


<note>27 G.3. c.2.§.1<lb/>
24 G. 3. c. 56.§.1 </note>
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13 June 1802 39
N. S. Wales

One A case there is as (I have just been observing) in
which the intervention of a private Contractor is not necessary.
This is where a Convict having been convicted
of an unclergyable offence of
the offence being an unclergyable
felony —
an offence punished with death
the Convict has received "a conditional pardon" on condition of transportation
for "any number of years" or "for .. life". In this
case a case is supposed by a special exception, power
is reserved or granted to his Majesty to "authorize" the Convict the to
perform the operation of transportation be his own transporter upon himself.

By this clause does a good deal more is done than is
said by it. What it professes is to give All it speaks of is giving is a transient momentary
accommodation: wh but in addition to this it gives
without speaking of it, as if it were a thing not worth
speaking of, perpetual freedom in the room of equally
perpetual bondage.

The reason final cause of this distinction is not difficult to
conceive. In Among chargyable felonies it seldom happens that
the offences any offences are included by but offences of low bred indigence: if
the offence of a man an uneducated man, who was
or ought to have been a working man, gaining his habituated to livelyhood by common labour: to a man of this class
forced labour will is not apt to present itself as an inapposite punishment. But unclergyable felony is a class born
of wider extent comprehending in addition to the former
those offences which now and then may fall to the lot
understood to belong to the class of gentlemen — such as
Murder, Rape, Forgery for example — but above all Traditional State delinquency disaffection & State offences
in under a variety of denominations. shapes. and For example the case of the Irish
Rebels, and English and Scotch seditionists.

27 G.3. c.2.§.1
24 G. 3. c. 56.§.1


Identifier: | JB/116/210/001"JB/" can not be assigned to a declared number type with value 116.

Date_1

1802-06-13

Marginal Summary Numbering

6-8

Box

116

Main Headings

panopticon versus new south wales

Folio number

210

Info in main headings field

n. s. wales

Image

001

Titles

Category

text sheet

Number of Pages

1

Recto/Verso

recto

Page Numbering

e4 / f39

Penner

jeremy bentham

Watermarks

[[watermarks::[monogram] 1800]]

Marginals

jeremy bentham

Paper Producer

Corrections

Paper Produced in Year

1800

Notes public

ID Number

37743

Box Contents

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