JB/116/334/001

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N.S. Wales

20 July 1802

Conduct
VII Escapes

31
Mischief by
in case of return afford
no excuse to the
founders of the
Colony at home.

Our argument plea then is, though in the way of apology rather then defence, a plea and
There One plea there is which though it be a threadbare
which, threadbare as it is, must yet be noticed, as being the only one.
I mean that which it may be drawn, from the dangerous
character of the individual thus injured, and the injury
that may be might of to which the community here
at home would have been be exposed, had they been restored, at
the respective periods, to the exercise of their rights.+ In
a state of things, circumstances thus the idea of which can not present itself
without exciting strong sensations of regret: I mean in every breast
without existing regret and considerable difficulty
that feels the force of those distressing circumstances, which
would naturally present themselves in regard to the
in case of the relinquishment of this scent of abominations
question by what the security of the community
here at relative
set prudence at variance with justice, and the difficulties
that press upon thy choice as to the best mode manner of disposing
of these dangerous and obnoxious members, and as to the by what
means, by which the security of the community here at home
and the regard due to the rights and feelings of the individuals
in question there, may be best as far as the case ad nature of
things admitts be reconciled most effectually reconciled.

+ In the mention of this
plea subterfuge I am sorry to
be obliged to touch upon.

But though this plea subterfuge be the only one, I am almost

ashamed to trouble Your Lordship with so palpably a facile
an one. Admitting that, so far as the condition
of the individuals in question is concerned, whatever
has been done is in every instance exactly who the very
best thing that could have been done, it would not follow

that it afford the smallest excuse for it having been
thus illegally done:+ Admitting the necessity of every
thing that has been done in every point except that
of the authority under which it has been done—what follows?
what would they the guilty gain by it? Does the necessity extend apply itself
to the subversion of the constitution, and the violation of the fundamental
laws?

+ it would not afford
the smallest excuse
for the engagement so
solemnly and publicly
taken to do the
contrary.

Identifier: | JB/116/334/001"JB/" can not be assigned to a declared number type with value 116.
Date_1	1802-07-20	Marginal Summary Numbering	31
Box	116	Main Headings	panopticon versus new south wales
Folio number	334	Info in main headings field	n. s. wales
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d23 / e1
Penner	jeremy bentham	Watermarks	[[watermarks::[monogram] 1800]]
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year	1800
Notes public		ID Number	37867
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