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01-Nov-2012: under construction by Diane Folan. Please do not amend. | |||
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<head>III > Non-existence proved.</head> | |||
<head>9</head> | |||
<p>On what grounds , | |||
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if any , could the | |||
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existence of any | |||
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such general powers | |||
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have been supposed ? | |||
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The answer must | |||
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be mere conjecture. | |||
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p.11. | |||
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<head>10.</head> | |||
<p>Was it this ? that | |||
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American Colonies | |||
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were founded without | |||
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powers from Parliament ? | |||
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<p><!-- indented -->The fact is admitted. | |||
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p.11 | |||
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<head>11</head> | |||
<p>Even in the instance | |||
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of Georgia founded | |||
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so late as in the | |||
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6<hi rend='superscript'>th</hi> of G. 2. A<hi rend='superscript'>o</hi>1740. | |||
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p.12. | |||
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<head>12.</head> | |||
<p>But the practice | |||
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may be considered | |||
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as being <sic>relinquised</sic> | |||
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and virtually recognized | |||
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to be illegal | |||
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in 1774 by the | |||
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Quebec Act. p.12. | |||
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<head>13.</head> | |||
<p>But seven years | |||
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after the Georgia Act | |||
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the legislative power | |||
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exercised in the | |||
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Colonies was so far | |||
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as it went to restrain | |||
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the right of departure | |||
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from thence thought | |||
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to stand in need | |||
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of confirmation here | |||
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and confirmed by | |||
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13 G.2.c.4. A<hi rend='superscript'>o</hi> 1740. | |||
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p.12. | |||
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<head>13. <hi rend='superscript'>(a)</hi></head> | |||
<p>1. This clause was | |||
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understood to be | |||
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requisite not merely | |||
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to sense the power | |||
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in question from | |||
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being taken away | |||
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by other clauses | |||
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in this same Act— | |||
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2. It was not necessary | |||
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if the American | |||
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Acts in | |||
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question were | |||
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binding upon | |||
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America . —p.13. | |||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}} |
01-Nov-2012: under construction by Diane Folan. Please do not amend.
I. Powers - necessity.
1.
Power of making
regulations necessary
every where - more
particularly in a
new Colony than
in an old Government.
p.1.
2.
It is power of legislation .
p.1.
3.
In feudal times
the want of it was
felt here — p.1.
4.
1. It is more urgent
in an infant Colony.
p.1.
5.
2. in a community
composed chiefly of
outcasts than in
one ordinarily composed.
p.1.
6.
3. in a dependy thus
distant than in
the Eastern at but
half , in the Western
at but 1/4 the distance .
— p.2.
7.
Founding a Colony
is creating the necessary assortment
of the powers of
government in it -
No foundation
without it . p.2.
8.
Judicial power is
not sufficient . p.3.
9.
If the existence of
such legislative
power be nor necessary, at any
rate the belief of
it is . p. 3.
10
No legislative power
was created at the
outset nor has
been since . The
only N. S. Wales
Act 27.G.3.c.2.
creates nothing
but judicial .p.3.
---page break---
II. Powers—non-existence 1.
Yet the Governor
went on issuing
Ordinances and
the Council Board
or Secretary of States
Office giving him
instructions for
issuing Ordinances
as if there had
been a power to
that effect . —p.5.
2.
The exercise of that
power must have
been accompanied
with a persuasion
of the right —
1. On the part of the
Governor — p.5.
3.
2. or of his superiors
at home viz: either
1. of its existence
2. or that it would
be believed to exist.
p.5.
4.
If they had no such
persuasion their
conduct was fraudulent.
p.6.
5.
That any such
persuasion was
really entertained is
not probable —
To shew this here
follows the best
case that can be
made in support
of any such a
right . p.6.
6.
Admitted that a
right exists to a
certain extent - but
not to the extent
to which it has
been exercised . —
p.6.
---page break---
III. Non-existence proved. 1.
Course taken for
shewing this —
subject matters if
legislation<sel>s persons
and things — reviewed
and distinguished
for this purpose .
p.7.
2.
Classes of inhabitants
enumerated with
reference to the
question of that
subjection to Ordinances:
Expirees defined .
p.7.
3.
Classes in regard
to which it may
be admitted - though
not in every instance
compleat & unquestioned —
Classes 1 & 2 compleat
Class 3 incompleat-
— 4 questionable
— 5. unquestioned
— 6 unquestioned.
p.8.
4.
Classes in regard
to which it is
denied . Classes
7,8,9,10. — p.10.
5.
Things over which
the governor would
have a power — &
by that means
influence over
persons . — p.10
6.
But this influence
is not legislative
power .— p.10.
7.
All general Ordinances
in omnes are void—
notwithstanding
the influence . —
p.10.
8.
I assume that
whatever power
could be given by
the Crown to make
these ordinances
legal was given .
p.11.
---page break---
III > Non-existence proved. 9
On what grounds ,
if any , could the
existence of any
such general powers
have been supposed ?
The answer must
be mere conjecture.
p.11.
10.
Was it this ? that
American Colonies
were founded without
powers from Parliament ?
The fact is admitted.
p.11
11
Even in the instance
of Georgia founded
so late as in the
6th of G. 2. Ao1740.
p.12.
12.
But the practice
may be considered
as being relinquised
and virtually recognized
to be illegal
in 1774 by the
Quebec Act. p.12.
13.
But seven years
after the Georgia Act
the legislative power
exercised in the
Colonies was so far
as it went to restrain
the right of departure
from thence thought
to stand in need
of confirmation here
and confirmed by
13 G.2.c.4. Ao 1740.
p.12.
13. (a)
1. This clause was
understood to be
requisite not merely
to sense the power
in question from
being taken away
by other clauses
in this same Act—
2. It was not necessary
if the American
Acts in
question were
binding upon
America . —p.13.
---page break---
Identifier: | JB/116/270/001"JB/" can not be assigned to a declared number type with value 116. |
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1-10, 1-6, 1-36, 36a, 37-51, 51a, 52-54 |
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116 |
panopticon versus new south wales |
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270 |
marginal contents |
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001 |
i powers - necessity / ii powers - non-existence / iii non-existence proved |
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marginal summary sheet |
2 |
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recto |
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john herbert koe |
cw 1799 |
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c. abbit lees |
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1799 |
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37803 |
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