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<p>23 July 1802</p> | |||
<head>N.S. Wales</head> | |||
<note>Conduct<lb/>III. Non existence<lb/>proved</note> | |||
<note>3<lb/>By Common Law<lb/>if the King has a<lb/>right to legislate<lb/>over the smallest conquest<lb/> (i.e. Marion) so has he<lb/>over the largest<lb/>i.e. France.</note> | |||
<p><add>Under</add> the <hi rend="underline">Common</hi> of <hi rend="underline">Judiciary</hi> law (<add><gap/></add> the law made by<lb/>Judges made in the <del>manner in</del> <add>mode to</add> which they are confined<lb/><del>to make</del> in the making it viz: by cutting out to the<lb/>pattern and spinning it out of the <gap/> of the old)<lb/> under this <add>sort of</add> law, supposing it <add>then</add> to regard this <add>the case in question</add> <del>as a case<lb/>calling for</del> <add>the case in question one that <sic>admitts</sic> of</add> the application of the above principles, if<lb/>the King would have been thus precluded from legislating<lb/>over the whole territory of France (supposing the "indemnity<lb/> for the part and security for the future" to have received<lb/>this <add>fortunate</add> extension) he would equally have been precluded<lb/>from legislating over the Island of Marion, supposing<lb/>it ended by the late treaty with any one or<lb/>two <del>subjects of <gap/></del> French citizens or subjects <add>remaining/<del>from</del></add> upon<lb/>the surface of it: Parliament indeed being<lb/>free to follow the dictates of <add>independent</add> utility without regard to<lb/>that which depends on <add>analogy to</add> former practice, might <add>here as elsewhere</add> draw the <lb/>line <add>at any point</add> and say: <hi rend="underline">from an arbitrarily governed number<lb/>of fellow subjects to such an amount, we should have<lb/> no sufficient cause to fear: from a number <del>to any</del><lb/>beyond that amount we should should</hi>: <del>then</del> accordingly<lb/>let his Majesty do what <del>he</del> pleases <add>him</add> with Marion:<lb/> but let <add>it please</add> him <add><del>be pleased to</del></add> to come to to us, for a little of our advice<lb/>an consent, if ever he should have to legislate for <del>the<lb/>any such</del> <add>a</add> country of any such <del>size</del> <add>extent</add> or populousness<lb/>as France. This or any other line may be<lb/>drawn by the legislature: but it is <add>among</add> characteristic weaknesses<lb/> of the judicial power, to be incapable of <hi rend="underline">drawing<lb/>lines</hi>.</p> | |||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}} | ||
23 July 1802
N.S. Wales
Conduct
III. Non existence
proved
3
By Common Law
if the King has a
right to legislate
over the smallest conquest
(i.e. Marion) so has he
over the largest
i.e. France.
Under the Common of Judiciary law ( the law made by
Judges made in the manner in mode to which they are confined
to make in the making it viz: by cutting out to the
pattern and spinning it out of the of the old)
under this sort of law, supposing it then to regard this the case in question as a case
calling for the case in question one that admitts of the application of the above principles, if
the King would have been thus precluded from legislating
over the whole territory of France (supposing the "indemnity
for the part and security for the future" to have received
this fortunate extension) he would equally have been precluded
from legislating over the Island of Marion, supposing
it ended by the late treaty with any one or
two subjects of French citizens or subjects remaining/from upon
the surface of it: Parliament indeed being
free to follow the dictates of independent utility without regard to
that which depends on analogy to former practice, might here as elsewhere draw the
line at any point and say: from an arbitrarily governed number
of fellow subjects to such an amount, we should have
no sufficient cause to fear: from a number to any
beyond that amount we should should: then accordingly
let his Majesty do what he pleases him with Marion:
but let it please him be pleased to to come to to us, for a little of our advice
an consent, if ever he should have to legislate for the
any such a country of any such size extent or populousness
as France. This or any other line may be
drawn by the legislature: but it is among characteristic weaknesses
of the judicial power, to be incapable of drawing
lines.
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Identifier: | JB/116/151/001"JB/" can not be assigned to a declared number type with value 116. |
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1802-07-23 |
[[marginal_summary_numbering::3 [or] 10]] |
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116 |
panopticon versus new south wales |
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151 |
n. s. wales |
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001 |
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text sheet |
1 |
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recto |
e12 |
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jeremy bentham |
[[watermarks::[monogram] 1800]] |
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1800 |
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37684 |
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