JB/116/187/001

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N.S. Wales

18 June 1802

6. Conduct
1. No Legislation
3. Causes

5
They were afraid to
propose to Parliament
a Constitution so important
for an
establishment which
would not have
borne examining
into in other respects.

In New South Wales their power of legislation, if created by
law, and by law vested any where, must have (it would seem) be vested
in a single hand.

Destined to that use, and to be established in that place
no plan occurred to them in which the constitution of the Colony could
the Penitentiary Colony could not be established on any apparent ground of
tolerable security, without lodging the power of legislation
in a single hand.

Here then was another feature which for fear and
shame they durst not lay open expose to the view of Parliament.
Parliament might said Cui bono? it might have been said? Where is the necessity
—what the use of this unseemly measure? Why call upon
us to give a sanction to a form of government which
so long as it exists, exhibits a is one uninterrupted perpetual violation of
those constitutional principles which form our very cradles
we have been all of us taught to hold so dear cling to with enthusiastic fondness+. Why
call upon us to give our sanction to such a precedent?
In case of necessity yes: necessity is paramount to law.
But where is the necessity in this case? But in this case, what necessity? where is it? + No: if your
Colony can not be planted, without planting despotism in
the bosom of it let it remain unplanted:*2 Such
was the language that in the natural course of things might/would be expected to be might have been heard in Parliament:
such was the language Mr Pitt was afraid of
hearing in Parliament. Such was the language dear Mr Pitt
having nothing to say in answer to it could not bear endure to hear in Parliament: and not being thus
able to endure it, he said nothing to Parliament about
a legislature for New South Wales—he sent out a Ships Captain a Governor
to New South Wales to plant a Colony at to the Antipodes to make bricks without
straw to govern without powers to the Antipodes to govern without powers: to encounter malefactors
in the character of a malefactor—to legislate with a
halter about his neck—to make bricks without straw—to govern without powers. Without
powers?—Yes, my Lord; without powers. To this hour
whoever it is that is governing in that country, is governing
without powers.

What is this mighty benefit as cried?
for the purchase of which
we are thus called upon to
make a sacrifice of our
dearest prejudices, with the
soundest reasons for their
support?

+ But t'other day
powers were obtained from
us, for a quite different
arm of punishment the
penitentiary system, to be established here
at home. What is the
matter with that system?
why not keep to it?

+2 and leave New
South Wales to its
Bidiagals and
Kang kangaroos.

+3 to the Antipodes
(as if a country
bigger larger than Europe
were like a ship)
But, not to lose sight
for a moment of a distinction
which it is so
difficult for the mind of
man to keep in view—
I mean only without legal
powers: without any other
than those powers which are
so much more to Mr Pitt's
than legal ones.

Identifier: | JB/116/187/001"JB/" can not be assigned to a declared number type with value 116.
Date_1	1802-06-18	Marginal Summary Numbering	5
Box	116	Main Headings	panopticon versus new south wales
Folio number	187	Info in main headings field	n. s. wales
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d6 / f43
Penner	jeremy bentham	Watermarks
Marginals	jeremy bentham	Paper Producer
Corrections	jeremy bentham	Paper Produced in Year
Notes public		ID Number	37720
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