JB/116/355/001

Click Here To Edit

16 Jany 1803

Jeopardy

6. Transgression the 10<hi rend="superscript">th in England. Excessive Bail required
"... to elude the benefit of the law made for the liberty
"of the subject."

Parallel Analogous transgression in New South Wales—
Married men, whose terms were expired, not suffered to quit
the Colony, without finding security for the maintenance of
their wives and children, if left behind.+(a)

Note
(a) The reasonableness of the measure supposing it had been obligation, supposing the imposition /imposition of it
power of imposing had been guarded from abuse by proper checks, and were
warranted by law, can never amount to a justification of it
such an act of coercion, limited as it was by no such checks, and sanctioned by
it no such warrant. And whence comes the occasion
and pretence for imposing it? From the very act of those who in bringing
for making this provision? Only from this from the
forward any such a plea, must take advantage of their own by that language wrong to prevail themselves of it ere they could
avail themselves of it. By
that conjugal affection, by which
act of Government itself. Taking advantage of the decree of
these poor families were in a manner to accompany their husbands, it compelled
to avail themselves of the means afforded them for accompanying sharing in the
exile of their husbands, they were entrap enticed into their cage,
and out of the physical bar, which then then the bar, which had thus been opposed itself by government
to the return of the females, a legal bar was thus to be constructed,
for preventing the return of both sexes both sexes males as well as females.

After commenting the statement of the statement of the several heads of transgression
or infringement the by which the rights in question had been
violated, the Act proceeds to declare the rights themselves in
13 Articles, of which the first of which is in these words. "The pretended
"power of suspending of laws, or the execution of laws, by regal
"authority, without consent of Parliament, is illegal." But
if this be true if simple suspension of dispensation be thus illegal—(i:e
abrogation for a time or in individual instances) be thus illegal in how much more so must greater a degree
more flagrant must be the illegality
it be so of positive enactment, and that without any limitation
as to the quality nature of the case?

In p.6. After declaring the rights and liberties in question
to be "the true ancient and indubitable rights of the people
"of this kingdom", the Act it concludes with "declaring and enacting"
that "all Officers and Ministers whatsoever shall serve
"their Majesties and their successors according to the same
"in all times to come."

The wretches in question, whatever may have been
their crimes, were they not—are they not still and truly as the very best of their betters so many individuals
part of "the people of this Kingdom?"

Thus it is then,
that his
present Majesty, the
inscrutable and labored
successor of the Royal
of these our rights
and liberties has been
"saved" by "the officers
"and Ministers of his
"time:" thus it is that the
and indubitable rights
of this helpless and defenceless
portion of his people have been respected and protected by these "officers and these Ministers".

+ again good and lawful
men in a legal sense at
any rate whatsoever they
may be in a moral.

Identifier: | JB/116/355/001"JB/" can not be assigned to a declared number type with value 116.
Date_1	1803-01-16	Marginal Summary Numbering
Box	116	Main Headings	panopticon versus new south wales
Folio number	355	Info in main headings field
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e4 / f4
Penner	jeremy bentham	Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	37888
Box Contents