JB/120/475/001

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6 Apr. 1802 A + (A) 6
Dispensing powers

1. Illegality

Two factors considered
in the conduct
of the Duke
1. Illegality where
demand for redress

2. Criminalty
where demand for
punishment

In laying before submitting to Your Lordship a statement of the
conduct pursued on this occasion by Your Lordship's
most noble immediate predecessor, candour and justice concurr in requiring
that as clear a line be drawn — and that as clear
an one as possible — between the two great features of it
which present themselves to my view — the simple illegality
of it — and the criminality the criminal consciousness (in law language
the mala fides) the marks of which are, in my
view, so fully indicated by clearly<add> indelibly stamped upon the whole complexion
of it.

Of the illegality, if proved, the practical consequence
indicated would be the slight correction reversal of the error neither
more nor less than the causing that to be done now,
which ought to be have been done some <add> so many years eight years ago —
the setting on foot that establishment the substitution of which has, by which the exercise
of the power there illegally assumed, and been this
long prevented.

Of the criminality the mala fides — if proved — an
additional consequence would indicated, would be —
a demand for punishment — for punishment to be inflicted on such the as
parties many of the parties as may have been proved to be <add> have been those criminally concerned, in the commission of a state
crime of so high a magnitude: no less than the
a conspiracy — and that a successful one, as the part
of certain of the King's Ministers, and others, to
assume and exercise an arbitrary legislative power, an authority
and rendering of no effect the laws conduct to Parliament, and
substituting, in the room of the measures prescribed by those laws
other measures not directioned by Parliament

Identifier: | JB/120/475/001"JB/" can not be assigned to a declared number type with value 120.
Date_1	1802-04-06	Marginal Summary Numbering	not numbered
Box	120	Main Headings	panopticon versus new south wales
Folio number	475	Info in main headings field	dispensing power
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	f6
Penner	jeremy bentham	Watermarks	1800
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year	1800
Notes public	see note 14 to letter 1722, vol. 7	ID Number	40301
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