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''This Page Has Not Been Transcribed Yet''
<p>12 July 1802</p>
<head>N.S. Wales</head>
<note>Conduct<lb/>II Samples</note>




<note>13<lb/>2. Drunkenness.<lb/>Difficulty of preventing<lb/>it here<lb/>already stated.</note>
<p><del>Examples of Ordinances having for their object the prevention<lb/>of Drunkenness</del>.</p>
<p>Drunkenness from the beginning to the end of Captain Collins,<lb/>book is exhibited and in <add>by</add> the most expressive <add>examples</add> colours<lb/>as the grand causes of improvidence of epidemic individual<lb/> and <add>universal</add> incurable improvidence and helplessness the grand<lb/>and perpetual bar to economy and reformation.</p>
<p>In regard to drunkenness I have already begged<lb/>your Lordship's notice for two contrasted impossibilities:<lb/>in a Panopticon at home, the existence of <del>the</del> <add>that</add> view:<lb/>in the improved Colony the privation of it.</p>
<note>Necessity<lb/>expedience and <lb/>illegality to the same<lb/>unnatural combination<lb/>here as elsewhere.<lb/>If not necessary only<lb/> by accident: if legal<lb/>only by accident. The<lb/> use of illegality is already <lb/>given. To try the ordinance<lb/>by this test would be<lb/>tedious past endurance.</note>
<p>In another point of view I will beg leave to subjoin a<lb/>short list of the acts of legislature levelled at it: <del>Your<lb/>Lordship has</del> <add>it has been</add> seen already that they were all ineffectually<lb/>it be would be seen now that they were all conducive,<lb/>and in that sense necessary&#x2014;and at the same view, it<lb/>will be seen that they were all illegal, every one of them.</p>
<note>14<lb/>Ordinances issued<lb/>against it&#x2014;<lb/>in general<lb/> conducive to the prevention of it<lb/>&#x2014;but illegal</note>
<p>N<hi rend="superscript">o</hi> 1. p.175. 28 August 1791.</p>


<p>"Spirituous liquors"&#x2014;"Ordered that none should be landed <sic>untill</sic><lb/>a <sic>permitt</sic> had been granted by the Judge Advocate;<lb/>and the Provost Marshall, his Assistant, and two principals<lb/>of the Watch, were deputed to serve all spirituous liquors<lb/>which might be landed.</p>
<p>Proof of the <del>illega</del> <add>of the Ordinance</add> <hi rend="underline">utility</hi>&#x2014;The town <add>[was] beginning</add> <del>begin</del> to fill with<lb/>"strangers (Officers and Seamen from the transports) and spirituous <lb/>liquors finding their way among the Convicts.</p>
<p>Proof of the <del>utility</del> <hi rend="underline">illegality</hi>. In England and in<lb/>Scotland In legal Britain landing spirituous liquors without<lb/>permission is indeed a "misdemeanour". But it is a misdemeanour,<lb/>to no other intent than the securing the payment<lb/>of a tax which exists not in New South Wales. The persons<lb/>by whom the permission is to be granted are moreover<lb/>not any such person as a Judge Advocate: but a <gap/> <lb/>Officer  of a certain denomination: and it does not<lb/>seem probable that any such denomination had been given<lb/>indeed how should it be given by law? to the Judge Advocate.</p>
<p>The <hi rend="underline">same</hi> <add>like</add> observations apply to the Provost Marshal and his assistant.</p>
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Revision as of 17:02, 2 November 2015

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12 July 1802

N.S. Wales Conduct
II Samples


13
2. Drunkenness.
Difficulty of preventing
it here
already stated.

Examples of Ordinances having for their object the prevention
of Drunkenness
.

Drunkenness from the beginning to the end of Captain Collins,
book is exhibited and in by the most expressive examples colours
as the grand causes of improvidence of epidemic individual
and universal incurable improvidence and helplessness the grand
and perpetual bar to economy and reformation.

In regard to drunkenness I have already begged
your Lordship's notice for two contrasted impossibilities:
in a Panopticon at home, the existence of the that view:
in the improved Colony the privation of it.

Necessity
expedience and
illegality to the same
unnatural combination
here as elsewhere.
If not necessary only
by accident: if legal
only by accident. The
use of illegality is already
given. To try the ordinance
by this test would be
tedious past endurance.

In another point of view I will beg leave to subjoin a
short list of the acts of legislature levelled at it: Your
Lordship has
it has been seen already that they were all ineffectually
it be would be seen now that they were all conducive,
and in that sense necessary—and at the same view, it
will be seen that they were all illegal, every one of them.

14
Ordinances issued
against it—
in general
conducive to the prevention of it
—but illegal

No 1. p.175. 28 August 1791.

"Spirituous liquors"—"Ordered that none should be landed untill
a permitt had been granted by the Judge Advocate;
and the Provost Marshall, his Assistant, and two principals
of the Watch, were deputed to serve all spirituous liquors
which might be landed.

Proof of the illega of the Ordinance utility—The town [was] beginning begin to fill with
"strangers (Officers and Seamen from the transports) and spirituous
liquors finding their way among the Convicts.

Proof of the utility illegality. In England and in
Scotland In legal Britain landing spirituous liquors without
permission is indeed a "misdemeanour". But it is a misdemeanour,
to no other intent than the securing the payment
of a tax which exists not in New South Wales. The persons
by whom the permission is to be granted are moreover
not any such person as a Judge Advocate: but a
Officer of a certain denomination: and it does not
seem probable that any such denomination had been given
indeed how should it be given by law? to the Judge Advocate.

The same like observations apply to the Provost Marshal and his assistant.


Identifier: | JB/116/157/001"JB/" can not be assigned to a declared number type with value 116.

Date_1

1802-07-12

Marginal Summary Numbering

13-14

Box

116

Main Headings

panopticon versus new south wales

Folio number

157

Info in main headings field

n. s. wales

Image

001

Titles

Category

text sheet

Number of Pages

1

Recto/Verso

recto

Page Numbering

d1 / f3

Penner

jeremy bentham

Watermarks

[[watermarks::[monogram] 1800]]

Marginals

jeremy bentham

Paper Producer

Corrections

jeremy bentham

Paper Produced in Year

1800

Notes public

ID Number

37690

Box Contents

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