JB/116/270/001

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31-Oct-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.

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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.

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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.

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Identifier: | JB/116/270/001"JB/" can not be assigned to a declared number type with value 116.
Date_1		Marginal Summary Numbering	1-10, 1-6, 1-36, 36a, 37-51, 51a, 52-54
Box	116	Main Headings	panopticon versus new south wales
Folio number	270	Info in main headings field	marginal contents
Image	001	Titles	i powers - necessity / ii powers - non-existence / iii non-existence proved
Category	marginal summary sheet	Number of Pages	2
Recto/Verso	recto	Page Numbering
Penner	john herbert koe	Watermarks	cw 1799
Marginals		Paper Producer	c. abbit lees
Corrections	jeremy bentham	Paper Produced in Year	1799
Notes public		ID Number	37803
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