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2
The design was — that Convicts once sent there should
 never come back again. The plan, if there had been any
 such thing, about the return of Convicts, would have been
 dictated either by what I call justice (in which case it would
 have run counter to the design) or by the supposed profitable
 injustice. On the former supposition, arrangements would have been
 taken in the first place, for preventing the emigration of each 
Convict before the expiration of his legal terms of punishment— 
in the next place, for affording him the means of quitting the 
Country immediately after  — if such should be his choice: — arrangements,
 if not of the positive cast, at any rate of the negative
 viz: by removing from that time forwards whatever 
obstacle might till then have been opposed as such to his escape.
 Whatever had been the term of punishment fixed by each man's 
sentence — fourteen years — between fourteen years and seven years — 
seven years or any shorter term — care would have been taken at
 any rate, that from and after the expiration of it, his return
 should not be opposed by any positive and—factitious obstacle, the
 the effect of which would be to render it more difficult from this 
new spot than it used to be from the old spots, to which this 
new discovered one was now substituted. —  
Not to oppose, or suffer to be opposed, any obstruction to the 
return of a de jure emancipated Convict — to take measures for
 rendering it neither more nor less easy than under the old 
 system, or, if that could not be done, still easier — one or other of
 those distinguishable lines of conduct would (in my humble
 conception) have been the line of justice: which of them (since
 no one of them was pursued) is scarce worth arguing about.
 
There remains the line of supposed profitable injustice — 
 of  
| Identifier: | JB/116/286/002"JB/" can not be assigned to a declared number type with value 116. | |||
|---|---|---|---|
| 116 | panopticon versus new south wales | ||
| 286 | n. s. wales | ||
| 002 | |||
| copy/fair copy sheet | 2 | ||
| recto | d1 f57 / d2 f58 | ||
| john herbert koe | |||
| 37819 | |||