JB/116/464/001

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The TRUE BASTILE: showing the outrages offered to Law, Justice and Humanity by Mr Pitt and his in the foundation and management of the
penal Colony of NEW SOUTH WALES: by Jeremy Bentham , Barrister at Law. (b) Marginal Contents in two Sheets. Sheet I.

A
§ 1 Legislative powers
necessary —
§. 2. Legislative powers
to none created —
§. 3. Legislation void
without Parliament.
§. 4. Legislation exercised
- instances —
§. 5 Legislative powers
why not applied for.
§. 6. Tyranny &
Negligence — Expences
Obtained — non expences
—
§. 7. The Tyrants doom
under the Habeas
Corpus act.
§. 8.

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B
(a) Outrages may
seem vague and
declamatory. But
it is one of the two
legal words upon
which the whole
system of Government
is made to turn
in the
Act 267 G. 3 c. 2.
the No .
Act.
of the wrong
terms of reprobation
here employed, the
use would be found itunitly justified
by the forming
of law and fast
demonstrated. If
the present administration
redress the
grievance, the hostility
of the staff may be
softened: if not, it
must be detained &
sharpened, that among
the body of the people
such as may think
Magna Charta ,
the Bill of Rights, of
the Habeas Corpus
Act worth preserving,
may conceive a first
alarm, and give a
constitutional expression
to their feelings.
(b) As a pledge of
responsibility the title
page will bear my
professional description
as well as my name.

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I. Powers necessity
§. Legislative powers
necessary
Power of making
regulations is necessary
every where - more
particularly in a
new Colony than in
an Old Government.
p. 7.

2.
Is a power of legislation.
p. 7

3.
In feudal times the
want of it was felt
here. p. 7.

4.
It is more urgent
1. in an infant Colony
p. 7. than in an old
refurbished stale. p. 7.

5.
2. In a community
composed chiefly
of outcasts, than in
one ordinarily composed.
p. 8.

6
3. In a dependency thus
distant than in the
Eastern, as but half, 1/2
as or the Western, as
but 1/4 the distance.
p. 8.

7.
Founding a Colony
is creating the necessary
assortment
of the powers of
government in it —
No foundation
without it. p. 8

8
Judicial power is
not sufficient. p. 9

9
If the <add><hi rend="underline">actual</add></hi> existence of
such legislative
power be not
necessary, as any
rate the belief of
it is. p. 10

10
No legislative power
was created at the
outset as or has been
since. The only N. S. Wales Act 27.
G. 3. c. 2. creates
nothing but judicial.
p. 10*

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§. 2. Power of legislative
— its necessity
in this Winter

§. 3. Power of legislation
existed not

have always
in New South Wales





for of
Wales comfortable
power from
Parliament.

J. 5. power of legislation
added text
New South Wales

§ 6. Tyranny and
negligence. Expences
determined; non-expences
exempt.

§ 7. The Tyrant
under the
Habeas Corpus Act.

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II. Powers _ non-existence.
1 -
Yet the Governor
went on issuing
Ordinances and
the Council Board
or Secretary of State's
offices giving him
with uctions for
issuing Ordinances
as if there had
been powers to
that effect. p. 12.

2.
The exercise of
that power must
have been accompanied
with a
persuasion of the
right.
1. On the part of
the Governor p.12.

3.
2. Or of his superiors
at home: viz.
either
1. of its existence
2. or that it
would be believed
to exist. p. 12.

4.
If they had no
such persuasion
of its existence their conduct was
fraudulent. p. 12*

5
That any such
persuasion was
really entertained
is not probable.
To show this here
follows the best
care that can be
made in support
of any such
right. p. 12*

6.
Admitted that a
right exists to a
certain extent; but
not to the extent
to which it has
been exercised.
p. 13.

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Identifier: | JB/116/464/001"JB/" can not be assigned to a declared number type with value 116.
Date_1		Marginal Summary Numbering	1-10, 1-6, 1-13, 13a, 14-37, 37a, 38-42
Box	116	Main Headings	panopticon versus new south wales
Folio number	464	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	37997
Box Contents