JB/121/007/002

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Dispensing Power.

1.
"Principally" refers
merely to the trans-
-portable Convicts in
contradistinction to
the untransportable
ones- and the object
of the Act is supposed
to be composed of
such alone of both
classes as the Gaols
cannot contain. p.1.

1*
Circumstances which
gave occasion to the
project for making
use of the Gaols to
defeat the will of
Parliament in respect
of the Penitentiary.
under the colonizati-
-on & Hulk systems
necessity warranted
the making this use
of the Gaols for
time.- p.4.

2
But when the neces-
-sity is created by
those who plead it_
and avowed to be
so- it constitutes
not a justification
but an aggravation.
p.5.

3. the measure thus
on the score of
necessity connived
at by Parliament,
the Letter sets up
an opposition to the
measure employed
by Parliament itself
to do away the
necessity. -p.6.

4.
-and this on the
ground of the Duke's
thoughts about ex-
-pedience. p.6

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Dispensing Power.

5.
Evil consequence of
allowing a factitious
necessity to have in
the way of justifica-
-tion the effect if a
natural one_
1. It would have
justified Ship money.
p.7.

6.
2. It would have
justified the super-
-seding the authority
of Parliament by the
Crown in the case
of the Corn laws.
p.8

7.
What the Duke does
by making a scarcity
of room in the
Penitentiary House
is tantamount to
the making a
scarcity of corn to
justify the exercising
a dispensing power
over the Corn laws.-
p.8

8
The reasoning of
the letter goes not
only to the frustra-
-ting the will of
Parliament in re-
-gard to the future
measure of the Peni-
-tentiary House but
to the overruling
it in regard to the
existing measures
of the Hulks. p.9

9.
The Duke would not
pursue the ordinary
course- that of coming
to Parliament for
leave to change mea-
-sures prescribed by
Parliament- as was
done in the case of
the Penitentiary Act.
-he preferred overru-
-ling the measures
of Parliament by his
own authority. p.10

Identifier: | JB/121/007/002"JB/" can not be assigned to a declared number type with value 121.
Date_1		Marginal Summary Numbering	1, 1*, 2-15, 1-9, 1-9
Box	121	Main Headings	Panopticon
Folio number	007	Info in main headings field	Dispensing Power Marg. Contents
Image	002	Titles	Dispensing Power
Category	Marginal summary sheet	Number of Pages	2
Recto/Verso	Recto"Recto" is not in the list (recto, verso) of allowed values for the "Rectoverso" property.	Page Numbering
Penner		Watermarks	CW 1799
Marginals		Paper Producer	C. Abbit Lees
Corrections	Jeremy Bentham	Paper Produced in Year	1799
Notes public		ID Number	002
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