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<head>27 Jan<hi rend="superscript">y</hi> 1803</head> | |||
<head>Plea for the Constitution</head> | |||
<note>(1</note> | |||
<note>Appendix</note> | |||
<p>On <add>By</add> this constitution, <del>it may be objected</del> <add>says another objection</add> <del>you would</del><lb/> | |||
<del>render illegal</del> every act of imprisonment <add>would be illegal which were</add> exercised upon<lb/> | |||
a subject being <gap/> an inhabitant or <unclear>reversal</unclear><lb/> | |||
of the real of England in any of the foreign dependencies<lb/> | |||
of the Empire — for example in a West<lb/> | |||
Indian Colony: <del>you would render it</del> <add>it would be</add> illegal, although<lb/> | |||
it were <unclear>exercised</unclear> upon him for acts done in the Colony<lb/> | |||
<unclear>exercised</unclear> upon him there in the <add>ordinary</add> course of justice<lb/> | |||
On that supposition an Englishman going to live in Jamaica<lb/> | |||
would as far as being subject to imprisonment is concerned, be above law: a privilege <add>too <gap/></add> <del>to by much</del> too mischievous <del><gap/></del> and unjust to be maintainable.</p> | |||
<p>I answer, no: — for <del>one</del> whom is it that the<lb/> | |||
penalties of the Act attack? Not upon persons<lb/> | |||
in authority there, acting <add>as</add> in the ordinary course of<lb/> | |||
justice there, without authority from persons here in<lb/> | |||
England; not upon persons of any such description<lb/> | |||
but only upon <add>such</add> persons here as are concerned in procuring<lb/> | |||
others such imprisonment or such detention<lb/> | |||
there, together with any such persons there, as<lb/> | |||
acting under such authority, may chance as well<lb/> | |||
in their principals to be within the reach <add>arm's length</add> of the<lb/> | |||
arm of an English Court of Justice.</p> | |||
<p>Here then the inconvenience vanishes: though<lb/> | |||
on supposing it remained in full force, it would by<lb/> | |||
no means follow that the remedial operative of the<lb/> | |||
law, so far as convenient such English subjects whose<lb/> | |||
detention <add>instance the act of</add> had <del>been</del> <add>become</add> illegal through <del><gap/></del> the original act<lb/> | |||
of imprisonment had been legal, must in this account<lb/> | |||
be construed away. The informer would be<lb/> | |||
not that in the <add>the one</add> respect the <add>beneficent</add> intention of the Act ought to<lb/> | |||
be frustrated, but that in the other respect an amendment<lb/> | |||
was [+]</p> | |||
<note><hi rend="superscript">[+]</hi> required to <del>do</del> <add>clear</add> away<lb/> | |||
the collateral and<lb/> | |||
understood inconvenience,<lb/> | |||
and that<lb/> | |||
for the purpose a<lb/> | |||
fresh Act would be<lb/> | |||
of use.</note> | |||
27 Jany 1803 Plea for the Constitution
(1 Appendix
On By this constitution, it may be objected says another objection you would
render illegal every act of imprisonment would be illegal which were exercised upon
a subject being an inhabitant or reversal
of the real of England in any of the foreign dependencies
of the Empire — for example in a West
Indian Colony: you would render it it would be illegal, although
it were exercised upon him for acts done in the Colony
exercised upon him there in the ordinary course of justice
On that supposition an Englishman going to live in Jamaica
would as far as being subject to imprisonment is concerned, be above law: a privilege too to by much too mischievous and unjust to be maintainable.
I answer, no: — for one whom is it that the
penalties of the Act attack? Not upon persons
in authority there, acting as in the ordinary course of
justice there, without authority from persons here in
England; not upon persons of any such description
but only upon such persons here as are concerned in procuring
others such imprisonment or such detention
there, together with any such persons there, as
acting under such authority, may chance as well
in their principals to be within the reach arm's length of the
arm of an English Court of Justice.
Here then the inconvenience vanishes: though
on supposing it remained in full force, it would by
no means follow that the remedial operative of the
law, so far as convenient such English subjects whose
detention instance the act of had been become illegal through the original act
of imprisonment had been legal, must in this account
be construed away. The informer would be
not that in the the one respect the beneficent intention of the Act ought to
be frustrated, but that in the other respect an amendment
was [+]
[+] required to do clear away
the collateral and
understood inconvenience,
and that
for the purpose a
fresh Act would be
of use.
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Identifier: | JB/116/374/001"JB/" can not be assigned to a declared number type with value 116. |
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scotch reform |
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374 |
plea for the constitution |
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jeremy bentham |
1800 |
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37907 |
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