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<head>8 Oct. 1802</head> | |||
<head>Panopticon versus New South Wales</head> | |||
<note>Economy</note> | |||
<p>Thus far as to the power <del>of</del> given to the person by whom the<lb/> <gap/></p> | |||
<p><del>Viewing the matter with the most favourable eye</del><lb/>transportation is to be performed, and the <add>legal facility warrant</add> power given to him<lb/>by the <add>penner of the law</add> draughtsman by the legislative penman for <add>performing</add> doing<lb/><add>the part given to him in preference</add> what it is contended he shall perform: viewing the matter<lb/>with the most favourable eye, the ground on which his<lb/>power stands in point of law must be acknowledged to<lb/> be at least of a doubtful cast <add>there are any rate are doubts</add>. The case of the Governor<lb/>affords two such doubts.<add>+1</add> His right to take<lb/>possession of this <del>person and</del> <hi rend="underline">serving</hi> <del>if his convict<lb/>Visitors</del> his right to employ these active faculties. The right of an Emperor of Morocco or of a Dey of Algiers<lb/> <del>Visitors</del> is the right of the strongest, and nothing else:<lb/>the same right as under <del>the</del> English law might be pleaded by an<lb/> Emperor of Morocco or a Dey of Algiers.<lb/>The Judge who<add>+2</add> <del>should determine the <gap/> of a<lb/>Governor <add>in any instance dôte <gap/></add> of New South Wales to any of those his<lb/> visitors as being</del> any thing better than <add>a continued</add> act of<lb/> trespass and false imprisonment <del>must make this a</del><lb/> must himself be at the pains of making the<lb/><del>law to warrant it must make</del> the law that shall<lb/><add>be found to</add> afford a warrant for it: he must himself be <del>at the <gap/> of</del> <add>the maker of it</add> <lb/> for he will find no such<lb/> <del>making it</del>: for he will find no such <lb/>law ready made.</p> | |||
<note><add>+1</add> To say nothing of<lb/>the <hi rend="underline">persons</hi> <add>of the Convicts</add> with their<lb/><hi rend="underline">passive</hi> faculties.</note> | |||
<note><add>+2</add> in taking cognizance<lb/><del>of the power</del> in any<lb/>instance of the powers<lb/><add>due</add> exercised by the Governor<lb/>of New South <lb/>Wales over these his<lb/>Visitors, should <gap/> it.</note> | |||
<p>On the <add>a <gap/></add> last occasion, instead of the contracting<lb/>owner or freighter of a private merchant ship, a King's<lb/>ship the Glatton has been employ'd upon this service<lb/>eligible or illegible <add>as it may have been for ought I know</add> on other grounds, <add>under</add> by what law<lb/>has this change been effected? where is the power for<lb/>transporting Convicts otherwise than <del>in the accustomed</del><lb/><del>mode</del> by Contract? <add>as before?</add> <del>Have</del> Has the Captain <sic>admitts</sic> <add>This</add> cargo<lb/> of convicts <add>has it then</add> been assigned to him altogether without regard<lb/>to any law, or <add>is it that</add> <del><gap/> the</del> in deference to the words<lb/>of the only laws by which transportation in any way is authorized, has a sham Contract been entered into with him<lb/>and by whom, binding this servant of the Crown as an independent<lb/>merchant would have been bound? In the latter case, the<lb/>law has been strained<lb/>and perverted, in the<lb/>former the whole proceeding<lb/>had been on<lb/>this additional ground<lb/>without <add>law which in</add> <del>and therefore<lb/>as much as to say<lb/>against law</del> the<lb/>case of so coercive an one,<lb/>is as much as to say against<lb/>law. <add>In</add></p> | |||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}} | ||
8 Oct. 1802 Panopticon versus New South Wales Economy
Thus far as to the power of given to the person by whom the
Viewing the matter with the most favourable eye
transportation is to be performed, and the legal facility warrant power given to him
by the penner of the law draughtsman by the legislative penman for performing doing
the part given to him in preference what it is contended he shall perform: viewing the matter
with the most favourable eye, the ground on which his
power stands in point of law must be acknowledged to
be at least of a doubtful cast there are any rate are doubts. The case of the Governor
affords two such doubts.+1 His right to take
possession of this person and serving if his convict
Visitors his right to employ these active faculties. The right of an Emperor of Morocco or of a Dey of Algiers
Visitors is the right of the strongest, and nothing else:
the same right as under the English law might be pleaded by an
Emperor of Morocco or a Dey of Algiers.
The Judge who+2 should determine the of a
Governor in any instance dôte of New South Wales to any of those his
visitors as being any thing better than a continued act of
trespass and false imprisonment must make this a
must himself be at the pains of making the
law to warrant it must make the law that shall
be found to afford a warrant for it: he must himself be at the of the maker of it
for he will find no such
making it: for he will find no such
law ready made.
+1 To say nothing of
the persons of the Convicts with their
passive faculties.
+2 in taking cognizance
of the power in any
instance of the powers
due exercised by the Governor
of New South
Wales over these his
Visitors, should it.
On the a last occasion, instead of the contracting
owner or freighter of a private merchant ship, a King's
ship the Glatton has been employ'd upon this service
eligible or illegible as it may have been for ought I know on other grounds, under by what law
has this change been effected? where is the power for
transporting Convicts otherwise than in the accustomed
mode by Contract? as before? Have Has the Captain admitts This cargo
of convicts has it then been assigned to him altogether without regard
to any law, or is it that the in deference to the words
of the only laws by which transportation in any way is authorized, has a sham Contract been entered into with him
and by whom, binding this servant of the Crown as an independent
merchant would have been bound? In the latter case, the
law has been strained
and perverted, in the
former the whole proceeding
had been on
this additional ground
without law which in and therefore
as much as to say
against law the
case of so coercive an one,
is as much as to say against
law. In
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Identifier: | JB/116/122/001"JB/" can not be assigned to a declared number type with value 116. |
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1802-10-08 |
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116 |
panopticon versus new south wales |
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122 |
panopticon versus new south wales |
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001 |
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text sheet |
1 |
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recto |
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jeremy bentham |
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37655 |
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