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<p>Compared together the fates experienced by the two classes<lb/> present a whimsical picture of a sort of perverse equality: the<lb/> chances in favour of right, and those in favour of enterprise without<lb/> right, being almost exactly equal; the negligence of government befriending<lb/> the subject in almost exactly the same proportion as its<lb/> justice. Equality is Equity says a maxim sometimes of<lb/> among lawyers: but whether this be a case for the application of<lb/> it is a question which may be left with equal confidence to those<lb/> who are fondest of equality and those who are most averse to it.<lb/></p> <p>Another general proposition to the proof of which move<lb/> is contributed by that former statement than by the present is<lb/> that the liberty of departure, though after having been announced to all who had a right, it was refused to so many, was by no<lb/> means refused to all. But by these distinctions a breach of<lb/> public faith was rather aggravated <add>than</add> alleviated. A general change<lb/> might have been supposed to have been caused, and by being<lb/> caused justified, by some general principle: but by distinctions<lb/> established in such numbers and without any assigned or discoverable<lb/> cause, all principle was in a manner abjured.<lb/></p> <p>From the particular evidences about stated the following<lb/> general conclusions will be found (I trust) to result, without<lb/> possibility of contradiction: <gap/>: that in respect of the treatment<lb/> given to a great part, by this time perhaps the greatest, of<lb/> the population of the Colony, the whole system of Mr Pitt's<lb/> Administration has been a system of the most audacious illegality,<lb/> added to perfidy and oppression: that the detention of so<lb/> many hundreds, or by this time thousands, whose right by law<lb/> to return is indisputable, is a crime committed in breach and in open defiance of every one of the laws of Parliament <add>by</add></p> | |||
<p>Compared together the fates experienced by the two classes<lb/> present a whimsical picture of a sort of perverse equality: the<lb/> chances in favour of right, and those in favour of enterprise without<lb/> right, being almost exactly equal; the negligence of government befriending<lb/> the subject in almost exactly the same proportion as its<lb/> justice. Equality is Equity says a maxim sometimes of<lb/> among lawyers: but whether this be a case for the application of<lb/> it is a question which may be left with equal confidence to those<lb/> who are fondest of equality and those who are most averse to it.<lb/></p> <p>Another general proposition to the proof of which move<lb/> is contributed by that former statement than by the present is<lb/> that the liberty of departure, though after having been announced to all who had a right, it was refused to so many, was by no<lb/> means refused to all. But by these distinctions a breach of<lb/> public faith was rather aggravated <add>than</add> alleviated. | |||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}} | ||
Compared together the fates experienced by the two classes
present a whimsical picture of a sort of perverse equality: the
chances in favour of right, and those in favour of enterprise without
right, being almost exactly equal; the negligence of government befriending
the subject in almost exactly the same proportion as its
justice. Equality is Equity says a maxim sometimes of
among lawyers: but whether this be a case for the application of
it is a question which may be left with equal confidence to those
who are fondest of equality and those who are most averse to it.
Another general proposition to the proof of which move
is contributed by that former statement than by the present is
that the liberty of departure, though after having been announced to all who had a right, it was refused to so many, was by no
means refused to all. But by these distinctions a breach of
public faith was rather aggravated than alleviated. A general change
might have been supposed to have been caused, and by being
caused justified, by some general principle: but by distinctions
established in such numbers and without any assigned or discoverable
cause, all principle was in a manner abjured.
From the particular evidences about stated the following
general conclusions will be found (I trust) to result, without
possibility of contradiction: : that in respect of the treatment
given to a great part, by this time perhaps the greatest, of
the population of the Colony, the whole system of Mr Pitt's
Administration has been a system of the most audacious illegality,
added to perfidy and oppression: that the detention of so
many hundreds, or by this time thousands, whose right by law
to return is indisputable, is a crime committed in breach and in open defiance of every one of the laws of Parliament by
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Identifier: | JB/116/296/002"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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296 |
n. s. wales |
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002 |
note ( ) / table |
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copy/fair copy sheet |
2 |
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recto |
d21 f77 / d22 f78 |
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john herbert koe |
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37829 |
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