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8 Oct. 1802 Panopticon versus New South Wales Economy
Thus far as to the power of given to the person by whom the
Viewing the matter with the most favourable eye
transportation is to be performed, and the legal facility warrant power given to him
by the penner of the law draughtsman by the legislative penman for performing doing
the part given to him in preference what it is contended he shall perform: viewing the matter
with the most favourable eye, the ground on which his
power stands in point of law must be acknowledged to
be at least of a doubtful cast there are any rate are doubts. The case of the Governor
affords two such doubts.+1 His right to take
possession of this person and serving if his convict
Visitors his right to employ these active faculties. The right of an Emperor of Morocco or of a Dey of Algiers
Visitors is the right of the strongest, and nothing else:
the same right as under the English law might be pleaded by an
Emperor of Morocco or a Dey of Algiers.
The Judge who+2 should determine the of a
Governor in any instance dôte of New South Wales to any of those his
visitors as being any thing better than a continued act of
trespass and false imprisonment must make this a
must himself be at the pains of making the
law to warrant it must make the law that shall
be found to afford a warrant for it: he must himself be at the of the maker of it
for he will find no such
making it: for he will find no such
law ready made.
+1 To say nothing of
the persons of the Convicts with their
passive faculties.
+2 in taking cognizance
of the power in any
instance of the powers
due exercised by the Governor
of New South
Wales over these his
Visitors, should it.
On the a last occasion, instead of the contracting
owner or freighter of a private merchant ship, a King's
ship the Glatton has been employ'd upon this service
eligible or illegible as it may have been for ought I know on other grounds, under by what law
has this change been effected? where is the power for
transporting Convicts otherwise than in the accustomed
mode by Contract? as before? Have Has the Captain admitts This cargo
of convicts has it then been assigned to him altogether without regard
to any law, or is it that the in deference to the words
of the only laws by which transportation in any way is authorized, has a sham Contract been entered into with him
and by whom, binding this servant of the Crown as an independent
merchant would have been bound? In the latter case, the
law has been strained
and perverted, in the
former the whole proceeding
had been on
this additional ground
without law which in and therefore
as much as to say
against law the
case of so coercive an one,
is as much as to say against
law. In
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panopticon versus new south wales |
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panopticon versus new south wales |
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jeremy bentham |
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37655 |
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