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the standard by which his conduct, and that of the parties<lb/> | |||
he is addressing himself to, is to be governed. Having decided<lb/> | |||
(as your Lordship has seen) the fate of the "transportable" convicts,<lb/> | |||
he declares his determination that, of the untransportable<lb/> | |||
convicts, not a man shall ever be consigned to the <unclear>"receptable"</unclear><lb/> | |||
destined for them by Parliament:- not a man for<lb/> | |||
which any room can be found in "the Counry Gaols. For I<lb/> | |||
trust I shall not be contradicted, when I say, that the being<lb/> | |||
"moved" into a Penitentiary House is what cannot happen to<lb/> | |||
any such Convict without his being "moved .... from"one of those<lb/> | |||
"Gaols": and this is one event which if it be possible to prevent<lb/> | |||
it, is, according to the intention signified by this letter never<lb/> | |||
to happen: the case of necessity - <hi rend="underline">"absolute necessity"</hi>- arising from<lb/> | |||
the crowded state of those Gaols being the only state of things<lb/> | |||
in which it is to be suffered to take place. Not moved<lb/> | |||
from the Gaols? Why not? Does any law forbid it? This<lb/> | |||
he does not pretend to affirm. Does not the Act of which he<lb/> | |||
"understands the object" so well, "require" it? This he does not<lb/> | |||
pretend to deny. Why not then? for this, and this only<lb/> | |||
reason - because, according to his notion of the matter, it would<lb/> | |||
be "inexpedient"- <hi rend="underline">"very inexpedient"</hi>. Such, if the Duke is to be believed,<lb/> | |||
is the inclination of his "thoughts"- "I am inclined to<lb/> | |||
"think" (says he)"it would be very inexpedient".... This (it may<lb/> | |||
be said on his behalf) is no more than an inclination:-<lb/> | |||
true: but that this inclination of his <hi rend="underline">judgment</hi> has been<lb/> | |||
strong enough to give decision to his will, appears but too<lb/> | |||
evidently from the context of the whole letter: without speaking<lb/> | |||
at present of acts as explanatory of <hi rend="underline">intentions</hi> that being<lb/> | |||
a topic belonging to a separate head of evidence.<lb/><lb/> | |||
The | |||
the standard by which his conduct, and that of the parties
he is addressing himself to, is to be governed. Having decided
(as your Lordship has seen) the fate of the "transportable" convicts,
he declares his determination that, of the untransportable
convicts, not a man shall ever be consigned to the "receptable"
destined for them by Parliament:- not a man for
which any room can be found in "the Counry Gaols. For I
trust I shall not be contradicted, when I say, that the being
"moved" into a Penitentiary House is what cannot happen to
any such Convict without his being "moved .... from"one of those
"Gaols": and this is one event which if it be possible to prevent
it, is, according to the intention signified by this letter never
to happen: the case of necessity - "absolute necessity"- arising from
the crowded state of those Gaols being the only state of things
in which it is to be suffered to take place. Not moved
from the Gaols? Why not? Does any law forbid it? This
he does not pretend to affirm. Does not the Act of which he
"understands the object" so well, "require" it? This he does not
pretend to deny. Why not then? for this, and this only
reason - because, according to his notion of the matter, it would
be "inexpedient"- "very inexpedient". Such, if the Duke is to be believed,
is the inclination of his "thoughts"- "I am inclined to
"think" (says he)"it would be very inexpedient".... This (it may
be said on his behalf) is no more than an inclination:-
true: but that this inclination of his judgment has been
strong enough to give decision to his will, appears but too
evidently from the context of the whole letter: without speaking
at present of acts as explanatory of intentions that being
a topic belonging to a separate head of evidence.
The
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Identifier: | JB/120/574/003"JB/" can not be assigned to a declared number type with value 120. |
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120 |
panopticon versus new south wales |
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574 |
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003 |
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copy/fair copy sheet |
4 |
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recto |
f17 / f18 / f19 / f20 |
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1800 |
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1800 |
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40400 |
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