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<head>N.S. Wales</head>
 
<p>7 July 1802</p>
<note>Conduct<lb/>
III. Non-existence proved</note>


<note>55 <del>60</del><lb/>
Conclusion<lb/>
Either there is no<lb/>
legislative authority<lb/>
in N.S. Wales or<lb/>
the Constitution is at<lb/>
an end and there<lb/>
is none in Britain.</note>
<p>But <del>That this</del> <add>all collateral questions dismissed, then</add> on the ground of law, stands the<lb/>
Government of New South Wales. Over Britons or Irishmen <add>in or out of Great Britain and Ireland.</add><lb/>
The King, not being <add>of</add> himself <del>such</del> possessed<lb/>
of legislative power, can <sic>conferr</sic> none.
<del>If he <lb/>
could</del> <add>To <sic>conferr</sic></add> <del>Conferring</del> it on others, those others being<lb/>
his instruments, placeable and displaceable by himself<lb/>
at any time&#x2014;is exactly the same thing as<lb/>
<del>possessing and receiving</del> <add>to possess and exercise</add> it himself.</p>
<p>The displaceable instrument of the Crown&#x2014;the<lb/>
<del>The</del> successive Governors of New South Wales&#x2014;<lb/>
have, for this fourteen years past, been exercising<lb/>
legislative power, without any authority from Parliament:<lb/>
and either without any authority <add>at all</add> from any<lb/>
body, or at most without any authority but from<lb/>
the <del><add>Crown</add></del> King: and all along they have been&#x2014;as it was<lb/>
most fit they should be&#x2014;placed and displaceable<lb/>
at his Majesty's pleasure.</p>
<p>And among them, <add>over</add> whom <del>authority</del> <add>legislative power</add> has that<lb/>
been exercised, have been individuals by hundreds,<add>+</add> <note>or, even thus, by thousands</note> who <lb/>
<del>who soever</del> <add>so far</add> from <del>submitting to</del> subjecting themselves to this<lb/>
power by their own consent, or having been subjected<lb/>
to it by any consent on the part of their<lb/>
ancestors <add>under whom they were <del>bred and</del> born and bred,</add> have all along been doing their utmost<lb/>
to <add>escape</add> <del>get</del> out of the reach of it: and <del>it is</del><lb/>
this very absence of consent&#x2014;<add>the very energy and notoriety</add> <del>this notorious repugnance</del><lb/>
<add>of their repugnance&#x2014;</add> is among the very grounds on which in<add>+</add><lb/>
<del><add>the most</add> a multitude of instances</del>, the power thus exercised<lb/>
over them <del>has been justified</del> would, if at all, be<lb/>
justified.</p>
<note><add>+</add>the most important<lb/>
case of all, that<lb/>
of confining to this<lb/>
land of bondage such<lb/>
of them as are free<lb/>
by law.</note>


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Revision as of 16:09, 16 November 2015

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N.S. Wales

7 July 1802

Conduct
III. Non-existence proved

55 60
Conclusion
Either there is no
legislative authority
in N.S. Wales or
the Constitution is at
an end and there
is none in Britain.

But That this all collateral questions dismissed, then on the ground of law, stands the
Government of New South Wales. Over Britons or Irishmen in or out of Great Britain and Ireland.
The King, not being of himself such possessed
of legislative power, can conferr none. If he
could
To conferr Conferring it on others, those others being
his instruments, placeable and displaceable by himself
at any time—is exactly the same thing as
possessing and receiving to possess and exercise it himself.

The displaceable instrument of the Crown—the
The successive Governors of New South Wales—
have, for this fourteen years past, been exercising
legislative power, without any authority from Parliament:
and either without any authority at all from any
body, or at most without any authority but from
the Crown King: and all along they have been—as it was
most fit they should be—placed and displaceable
at his Majesty's pleasure.

And among them, over whom authority legislative power has that
been exercised, have been individuals by hundreds,+ or, even thus, by thousands who
who soever so far from submitting to subjecting themselves to this
power by their own consent, or having been subjected
to it by any consent on the part of their
ancestors under whom they were bred and born and bred, have all along been doing their utmost
to escape get out of the reach of it: and it is
this very absence of consent—the very energy and notoriety this notorious repugnance
of their repugnance— is among the very grounds on which in+
the most a multitude of instances, the power thus exercised
over them has been justified would, if at all, be
justified.

+the most important
case of all, that
of confining to this
land of bondage such
of them as are free
by law.



Identifier: | JB/116/314/001"JB/" can not be assigned to a declared number type with value 116.

Date_1

0000-07-07Unable to interpret the "0000-07-07" input value as valid date or time component with "There is no year 0 in Gregorian and Julian calendars." being reported.

Marginal Summary Numbering

55

Box

116

Main Headings

panopticon versus new south wales

Folio number

314

Info in main headings field

n. s. wales

Image

001

Titles

Category

text sheet

Number of Pages

1

Recto/Verso

recto

Page Numbering

e24

Penner

jeremy bentham

Watermarks

s. lay

Marginals

jeremy bentham

Paper Producer

alexander mavrokordatos

Corrections

Paper Produced in Year

Notes public

ID Number

37847

Box Contents

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