date

[094-314v] 16 Jan 1803 Expiries
[094-314v]

16 Jan 1803

Expiries

' [...?] in the case of Expiries

Exemplification of illegal legislation and other illegal acts exercised on Expiries.

' Ordinances and proceedings, having for their object the delineation of expiries.

In the case of expiries, the non-existence of all power of legislation, so far as they would be the parties bound by any [...?] made in the exercise of such powers has already been displayed. /Letter 3. to Lord [...?]/

On the other hand, the need there has all along been, and could not but be, for power of legislation, competent to the regulation of their conduct in all cases, is manifest enough. It would be so in the bare number of it: and the demand, that in part of expediency and indeed necessity could not but exist for coercive powers applicable to this description of inhabitants in particular, can not but have been made already sufficiently apparent, by particular incidents and situations that have been brought to view in the course of the preceding pages.

In speaking of persons of this description and the conduct that has been observed towards them, to give a full display of it for the purpose of holding it up in a moral point of view would be collateral to the main object of the present essay. In a [...?] point of view, and that alone, it may here be [...?] /proper/ to the design to exhibit /give a reference/ a few incidents whereby the repugnancy of the treatment given to them, to the law, under colour of which they were thus dealt with, may stand to[?] the time distinctly brought to view.

The power thus illegally assumed was employed as it had been assumed for oppressive as well as anti-constitutional purposes - Britons, to whom their country with the whole world [...?] was open by law, have[?] been kept in confinement in that land of [...?]. Britons, free by law as Britons can be, have been kept in that land of exile in a club of bondage.
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  • Title: [[094-316v] 16 Jan y 1803 Expiries]
    Description: [094-316v]

    16 Jan y 1803

    Expiries

    In relation to [...?] there circumstanced, thus much is /two things are/ already , I trust, partly apparent. One is that in point of law (expediency always out of question) neither the Governor nor any body he had any right to detain any one of them a moment after the expiration of his term. 2. Another is, that after that same point of time - neither /as little/ had he any right of applying any sort of special controul to their conduct, even supposing the existence of a general right of controul over the inhabitants of the Colony taken without distraction.

    So much as to the right. In point of fact, what appears is - that on the contrary. 1. [...?] were taken for preventing /detaining/ persons of this description from ever quitting the Colony without have[?]: which here was [...?] given sanctions [...?] - sometimes collectively to the class in general, sometimes to particular individuals of that class, and without any freed principle of distinction that can be perceived.

    2. After expiration of their respective terms, they were moreover and [...?] being thus confused to this source[?] of punishment, treated as [...?] in divers instances, being collectively of individually kept in a state of bandage /servitude/.

    As to delegation, the ground /topic/ of necessity, considered as a /in the character of/ justification or ever so much as one excuse, facts altogether. Expediency, mere expediency is all /the utmost/ that can be alledged under this head: and were this an expediency [...?] purely to the interests of the community in the Mother Country, not the interests of the colony /community/ thus governed. In the case of Convicts transported to America under the original transportation laws [...?][...?].

    Supposing on the other hand the right of detention wanting on the other hand the power of detention assumed and exercised on these suppositions not only merely every instance where permission to quit the [...?] was refused, but also every instance in which it was granted are material for consideration. Every such refusal is an illegal exercise of this power in question: every such permission is a fresh evidence of the assumption of it: exception protect[?] regulation: in /by/ the very act of permission, the permission being official, a pernicious refusal, and that an immoral[?] one is [...?...?].
  • Title: [2 Feb y 1803 Note continued (3]
    Description: 2 Feb y 1803

    Note continued (3

    the last day of his service had been spent; in the next place for the

    faculty of obtaining a passage on board of such ship or any other ship; in

    the last place for the arrival of such ship at a British fort.

    Under the new system the delay resulting from the two first of these three

    causes would receive an unavoidable augmentation — in its

    average amount very considerable, but owing to from the number

    of causes of

    it is encompassed with, altogether incapable of being

    defraid. of the effect of the last of these causes —

    the length of the voyage — the amount is not altogether

    insusceptible of liquidation. Call the length of

    a voyage from America six weeks a large high computation

    call the length of a Voyage from New South Wales six months a low

    computation — time then is) 4-1/2 months added to the duration

    of the exile, by this one of the single power

    of the three causes.

    Over and above the illegal additions made, in the

    mor

    to the duration of the punishment in violation

    of the Habeas Corpus Act, in the stated

    already in the text, here there an addition

    had been made slowly a less manifest but not less real

    by the mere

    very act of power by which the new system of

    transportation was substituted to the old.

    This enhancement, having been made at once from the commencement

    of it by virtue of an Act of Parliament by which the spot in New South

    Wales was appointed for the scene of the new system, could never

    not therefore

    at any time be stated as contrary to law. It was however

    from the very first, in the first instance contrary to natural

    justice,

    viz:
  • Title: [1819 Aug. 15 4 ult Fallacies Ch |]
    Description: 1819 Aug. 15 4 ult

    Fallacies Ch | | Logical Highfliers

    4

    1. Exposition

    Suppose for example you have /to defend/ groundless or needless wars sinecure or useless or needless or overpaid offices, lay or ecclesiastical to defend, and this is among the fallacies you employ in the defence of these abuses.

    1 In the first place, the course you take is suppose the director[?] and laudative.

    1. The official cause or instrument by which the Offices have been instituted or that by which they have been kept on fort[?] and maintained is a measure of government. You accordingly pronounce a panegyric /an elogium/ on Government.

    2 It will seldom happen but that these works of government called Laws have been employed to the same purpose. Here then is another theme or subject for your panegyric.

    3 In the aggregate system of law in every /this as in every other/ country, there is one branch which has taken for its province the delineation of the powers possessed and exercised by the ruling few, and the description of the sorts of persons by whom these powers are possessed and exercised. This branch is termed the Constitutional branch: the fruit of it, the Constitution Third theme for you panegyric, the Constitution.

    4 Among the objects in the creation or preservation of which the Government, the Laws, and the Constitution have been employed, are certain objects called Institutions. The institution of a sinecure office, a useless office, a useless office, the institution of the overpay of an overpaid office, is an Institution. Fourth theme or subject for panegyric, Institutions. [...?] for the purpose of calling in national prejudice to the assistance of this fallacy, add the adjunct English - say English Institutions.