JB/116/305/001

Click Here To Edit

N.S. Wales

27 May 1802

Note
2. Reformation

Thus stands the comparison upon the ground of general principles
or theory, if a word, in such disgrace with men in whose vocabulary
wisdom is synonymous with practice, may be considered. A theory is no further good no
further than as far
as its decisions as
occasion serves, between
receive the confirmation
of per experience.

Fifth and last ground for the relinquishment of the
Penitentiary system "the improved state of the Colony
"of New South Wales."

Of the four other grounds, the strongest has
been display'd: how much less weaker than nothing has been
already seen: there remains this single ground for to
bearing bear the strain of the whole measure.

To justify this his measure. I do not mean the
course taken for the support of it a collateral object that has been
made of pursuing it but the measure itself supposing it
to be pursued by justifiable means the Duke of Portland
and his associates have these two propositions to make good
1. That of the two rival modes of punishment—the punishment by that
of the transportation the system of transportation to New South Wales and that of the the punishment
by confinement under the modest Penitentiary establishment+ +and the use thus made of it
Penitentiary System—the former is the preferable one.
2. That it is to such a degree preferable as to justify
the laying aside the other altogether: and consequently
to justify the bestowing the imposing on the public that expence, in all its shapes measures
of ways that would be means however with which the laying aside of
the discarded measure would be attended to. I mean
always supposing the professions made in respect of compensating
for the relinquishment had been sincere.

The first proposition is the price leading one: in this
is contained the principal point in issue.+ The wager being
laid how can justice be done (for this may be set down among the cases in
which there is no doing justice without a wager a wager) how
shall the cause question be tried? by analytical investigation
supported by specific evidence? or
or in the more usual mode by declamatory assertion
convey'd supported by a few customary phrases? Your Lordship
being judge In the former mode By the former standard certainly says a
voice which I recognize for Your Lordships being that of reason & justice Your Lordship
being judge. By the former+ as being the only true one.

+ determined in the negative
and it will will render the other
unnecessary

+ (on proper occasions
the law with all its
aversion to gaming
has no objection to
a wager)

+ far as it is from
being either the more
commodious of the two
no more

Identifier: | JB/116/305/001"JB/" can not be assigned to a declared number type with value 116.
Date_1	1802-05-27	Marginal Summary Numbering	not numbered
Box	116	Main Headings	panopticon versus new south wales
Folio number	305	Info in main headings field	n. s. wales
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	f1* f18*
Penner	jeremy bentham	Watermarks	1800
Marginals	jeremy bentham	Paper Producer
Corrections	jeremy bentham	Paper Produced in Year	1800
Notes public		ID Number	37838
Box Contents