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12 June 1802 37
 N. S. Wales 2
is taken of him by the Governor. By what means does 
this happen? Conjecture, arriving grounded on the apparent 
nature of the case, is all the ground authority I can 
pretend to for 
the answer which I hear I give. The Merchant, having by 
the terms of the Act, and therefore I conclude, by the terms 
of the Contract grounded on it, having power to assign the 
Convict wh assigns him accordingly to the Governor: to the 
Governor in his quality of the agent to the crown and 
trustee for the public in that behalf. But suppose 
the M Contracting Merchant instead of assigning over 
the Convict to the Governor who gives him nothing but a 
receipt (payment under the Contract coming from the Treasury 
here at home) suppose he tries to assign assigns the man Convict to 
some friend of the Convict's own, who for as such will give 
a price for him: to the end that, when arrived at this
 place of banishment, he may be free. Is there any 
thing to prevent any such bargain? At any rate there
 is nothing in the Act: [so that should there be any thing
 to that effect in a Contract of that sort entered into today, there may be
 nothing to that effect in another Contract entered into tomorrow. 
 By the Act — by law — a Convict [+] can
 [+] except in a particular case that will be mentioned presently 
not be transported otherwise than by the intervention of 
a Contract for that purpose: nor without such a Contract
 as puts the fate of the Convict in respect of as to the question <add>difference between</add> freedom 
and bondage altogether in the  contractor's power of the
 Contractor who thereby, if for money or ad favour he 
thinks fit to remit to the Convict so much of the punishment 
as turns upon that difference, has it compleatly
 
in his power.
 The  carried out on Government account Then there must have been some fiction, if the letter of the Act has been observed.
| Identifier: | JB/116/208/001"JB/" can not be assigned to a declared number type with value 116. | |||
|---|---|---|---|
| 1802-06-12 | 4 | ||
| 116 | panopticon versus new south wales | ||
| 208 | n. s. wales | ||
| 001 | |||
| text sheet | 1 | ||
| recto | e2 / f37 | ||
| jeremy bentham | [[watermarks::[monogram] 1800]] | ||
| 1800 | |||
| 37741 | |||