JB/116/269/001

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The TRUE BASTILE: shewing the outrages (a) offered to Law, Justice by Mr Pitt and his Associates in the foundation and management of the
penal colony of NEW SOUTH WALES: by Jeremy Bentham of Lincoln's Inn Esquire Barrister at Law (b), Marginal contents in two Sheets. Sheet 1.

III. Non-existence proved

43 3. The sort of affirmance
it gives in the case
of conquered colonies,
applies not to New
South Wales.

44

Proof of the above
propositions.
1. Ld Coke's dictum
in Calvin's case Ao 1608.
2. Yorke & Wearge opinion
on the Jamaica case
in 1722.

45

The dictum in Calvin's
case, as cleaned of
its absurdities by Ld Mansfield.

46

Opinion of Yorke and
Wearge as cited by him.

47.

It negatives the right
of the King alone in
any but a Colony
obtained by conquest.

48.

Upon the whole the
King's right to legislate
without Parliament
is negatived as
to Colonies not acquired
by conquest, by the
S<hi rend='underline'>t Albans case: (supra 10) as
to conquered Colonies
by that and by the
Bill of Rights art.
4 & 6.

49.

Similar opinion maintained
by George Grenville,
according to
Edmund Burke.

50

Had the proper Colonization
powers been granted
from the first by
Parliament, the
American war
would probably have
been saved.

51

The St Albans case,
saying nothing of
Colonies by name was never
applied to them
by lawyers.
[This was an attempt
of the Crown, with the consent
of certain inhabitants
of St Alban's, to
legislate without Parliament
over St Alban's.]

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III. Non-existence proved 52.

Yet in the grant of
the first Colony is was
was by its Charter made parcel
of East Greenwich, and subjected to
English tenures.

53.

What is sufficient
to render all Ordinances
void that have
been issued in New
South Wales, and the
acts done in execution
of them so many
injuries, is their
having been without
consent of an Assembly
there or authority
from Parliament.
Whether a Charter
for the formation
of such an Assembly
would have been
valid is immaterial
there: though material
as to Trinidad.

54

Better to establish
all these powers by
authority of Parliament
than leave them in
uncertainty. —

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52 (a)

Another example
to shew how much
these Charters are
against decisions
in the character of
precedents. Power
given by a Charter
Ao. 1609 to any two
men here to send
a man to America
to be dealt with at
the pleasure of one
other man there.

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55

Identifier: | JB/116/269/001"JB/" can not be assigned to a declared number type with value 116.
Date_1		Marginal Summary Numbering	43-54, 52a, 55, 1-13, 1-9, 9a, 10-30, 30a, 31-33
Box	116	Main Headings	panopticon versus new south wales
Folio number	269	Info in main headings field	the true bastile: shewing the outrages offered to law, justice, and humanity by mr pitt and his associates in the foundation and management of the penal colony of new south wales
Image	001	Titles
Category	marginal summary sheet	Number of Pages	2
Recto/Verso	recto	Page Numbering
Penner	john herbert koe	Watermarks	1798 am
Marginals		Paper Producer	frances wright
Corrections	jeremy bentham	Paper Produced in Year	1798
Notes public		ID Number	37802
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