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<head>+</head> | |||
<note>41</note> | |||
<p>In the case which drew the argument from Lord Mansfield,<lb/> | |||
the point he was bound to determine, and which he accordingly<lb/> | |||
did determine, was that, <hi rend="underline">as matters stood</hi>, the power of<lb/> | |||
taxation, as exercised <del>in <sic>Granada</sic></del> by the Crown in <sic>Granada</sic><lb/> | |||
<hi rend="underline">was not</hi> legal. <add>Another</add> <del>A</del> point, <del>,</del> which <del>he was</del> <add>being</add> at liberty to speak<lb/> | |||
to <add>it</add> or not, <del><gap/> <gap/> which</del> he thought fit to speak to, was —<lb/> | |||
that <hi rend="underline">if matters had been otherwise</hi>, such power <hi rend="underline">would have<lb/> | |||
been</hi> legal. If, in humble imitation of such high and<lb/> | |||
sincerely respected authority, <hi rend="superscript">[+]</hi> it may be allowable for an obscure<lb/> | |||
lawyer, on this same ground, <hi rend="underline">to travel</hi>, as the phrase is<lb/> | |||
<hi rend="underline">a little way out of the record</hi>, I will venture to state it<lb/> | |||
as a <del>a matter by no means put out of doubt</del> <add><del>present</del> <add>question</add> which</add> notwithstanding<lb/> | |||
<del>any thing that has</del> the opinion so distinctly given<lb/> | |||
<del>in the affirmative is by no means put out of <gap/> that</del> <add>by that great Lawyer in the affirmative, remains still quite open, whether</add><lb/> | |||
even in the case of <hi rend="underline">conquest</hi>, in any Colony acquired<lb/> | |||
since the Revolution <add><hi rend="superscript">Trinidad</hi> for example</add> the right of the thing to legislate<lb/> | |||
without Parliament — I mean without express authority from<lb/> | |||
Parliament — would <hi rend="underline">in case of dispute</hi>, be found maintainable<lb/> | |||
in law</p> | |||
<p><gap/> legislation</p> | |||
<note><hi rend="superscript">[+]</hi> and in precisely the<lb/> | |||
same view, viz: that of<lb/> | |||
seeing important constitutional<lb/> | |||
questions<lb/> | |||
settled on <add>the</add> broadest<lb/> | |||
and most solid grounds</note> | |||
+ 41
In the case which drew the argument from Lord Mansfield,
the point he was bound to determine, and which he accordingly
did determine, was that, as matters stood, the power of
taxation, as exercised in Granada by the Crown in Granada
was not legal. Another A point, , which he was being at liberty to speak
to it or not, which he thought fit to speak to, was —
that if matters had been otherwise, such power would have
been legal. If, in humble imitation of such high and
sincerely respected authority, [+] it may be allowable for an obscure
lawyer, on this same ground, to travel, as the phrase is
a little way out of the record, I will venture to state it
as a a matter by no means put out of doubt present <add>question which</add> notwithstanding
any thing that has the opinion so distinctly given
in the affirmative is by no means put out of that by that great Lawyer in the affirmative, remains still quite open, whether
even in the case of conquest, in any Colony acquired
since the Revolution Trinidad for example the right of the thing to legislate
without Parliament — I mean without express authority from
Parliament — would in case of dispute, be found maintainable
in law
legislation
[+] and in precisely the
same view, viz: that of
seeing important constitutional
questions
settled on the broadest
and most solid grounds
|
Identifier: | JB/116/372/001"JB/" can not be assigned to a declared number type with value 116. |
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116 |
panopticon versus new south wales |
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372 |
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001 |
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text sheet |
1 |
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recto |
d41 |
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jeremy bentham |
1800 |
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1800 |
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37905 |
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