JB/116/147/001

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24 July 1802 N . S . Wales Conduct

34 III Non-exist. proved

If it had , nothing in the way of legislation would
from first to last have been done in English America
but by Parliament , or under the immediate eye of
Parliament : and the American war , with all its miseries ,
and all its waste of blood and treasure on both
sides would have been saved .

In In 1722 the time of the opinion given by Sir Clement
Wearg and Sir Philip Yorke , the view mens views of the matter
though not clear as above , was were yet considerably
improved . The distinction made in that
case is this . A Colony is obtained either by conquest
or without conquest : if obtained by conquest
the King may legislate over it without any consent,
expressly given by any of the inhabitants : if without
conquest , he can not without a consent expressly
given by a part of the inhabitants viz: whatever the majority of
part comes under the denomination of an assembly .
In the case submitted to laid before them for their opinion , the
right of the King to legislate over any Colony with
the consent of an Assembly of that Colony was not stated
as having been the subject of any dispute : it was therefore
a question that never called on their part for
consideration : if they decided on it , it was collaterally
and in fact without thinking it . With an assembly
they found the power legislation exercised by the King
in these colonies without Parliament in point of fact ,
and nobody suggesting a doubt about it , it was no business of

Identifier: | JB/116/147/001"JB/" can not be assigned to a declared number type with value 116.
Date_1	1802-07-24	Marginal Summary Numbering
Box	116	Main Headings	panopticon versus new south wales
Folio number	147	Info in main headings field	n. s. wales
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e4
Penner	jeremy bentham	Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	37680
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