1819 Dec. 4

Bentham’s Radical &c

Prelim

II Necessity

2 Means

Continued

Of the two courses so dramatically opposite, and both so deplorably disastrous I pretend not to fore[…?] or to be so much as able to conjecture /mark by/ which will be pursued. On this subject it would be a task too painful, considering how compleatly it would be unprofitably to set about forcing so much as a wish.

Thus much known may be said, and without much expence on the article of reflection that should the immediately mischievous cause be the course pursued those who got up the Manchester tragedy and those who have supported it by their approval will have themselves to thank for it: should any of their wives and their children share the fate of the victims of that day these wives and these children will have their husbands and their fathers to thank for it.

Two things seem to me in my view of the matter to be alike impossible: - for the exasperated part of the subject many to defend themselves in bodies against those that will be so sure to be set upon them by the ruling few: and for the obnoxious part of the ruling few to defend themselves individually against the separate attacks that seem so likely to be made upon them by the exasperated part /portion/ of the subject many.

{Ask the sentiments /affections/ of hatred and contempt that the Christianity of consecrated sinecurists /[…?]/ and their patrons can give birth to, or the eloquence of rage give utterance to - all the cries of seditious blasphemy, damn Atheist miscreant Atheist will not guard either the male in the female the adult in the youthful bosom against the bullet from a pistol, or a table knife sharpened into a dagger by despair and retaliation.}
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    Description: Note 9 July 1802 + 12 13 N. S Wales

    N o

    5 (p.159.) April 1791. Information given by the Governor

    to the Convicts "that never would be permitted to quit the Colony who

    had "wives and children incapable of maintaining themselves and

    "likely to become burthensome to the settlement, untill

    they had "found sufficient security for the maintenance of such

    wives

    or children. "as long as they might

    continue after them."

    What would be deemed sufficient security is not stated.

    It could only be

    in here and there an instance that a watch thus circumstanced

    could be able to find any security at all.

    The occasion of this ordinance is curious enough:

    Notions were currant

    among the Convicts that the marriages of each of them as had been married

    in the Colony were not binding.

    Such is the reason given for

    confining to the Colony all men whatever who had

    either wives or children there, whether

    the marriage had been celebrated since their arrival in the

    Colony or before. ]

    +1

    +1 In the case of a wife married in South

    Wales and where term of punishment was unexpired, finding such

    security was impossible. By marrying a woman so circumstanced, a man could

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    to everyone married in law

    Justice — or at least a semblance of it is so interwoven in this

    case with injustice, that it is no easy matter to disentangle them. As an

    abstract proposition, it is but reasonable, that a man should be prevented

    from leaving his wife or children from being burthensome to

    other people. Such accordingly is the law in England. When in this

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    England a man deserts his family, he flied from home. But in the case in question, the flight, if not

    obstructed, would have been a flight

    homewards, and from a place in which no authority

    there could detain a man without a crime. That the inocent wife

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    justice and humanity of government, suffered themselves to be transported

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    region, should, by the

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    perhaps for life, is indeed a melancholy state of things: but it will be

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    was contrived: +3

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  • Title: [VII Escapes N o 5. (p. 159) April]
    Description: VII Escapes

    N o 5. (p. 159) April 1791. Information given by the government to

    the convicts "that none would be permitted to quit the colony

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    and likely to become burdensome to the settlement, until they

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    or children as long as they might continue after them."

    What would be deemed sufficient security is not stated.

    It could only be in here and there an instance, that a wretch

    this circumstanced could be able to find any security at all.

    The occasion of this ordinance is curious enough. Notions

    were current among the convicts that the marriages of such

    as them as had been married in the colony were not binding.

    Such is the reason given for confining to the colony all men

    whatever who had either wives or children there, whether the

    marriage had been celebrated since their arrival in the colony or before.

    In the case of a wife married in New South wales, and

    whose term of punishment was unexpired, finding such security

    was unprofitable. By marrying a woman so circumstanced a

    man could neither remitt to her bondage nor forfeit his

    own freedom.

    Justice, or at least a semblance of it, is so interwoven

    in this case with injustice, that it is no easy matter to disentangle

    them. As an abstract proposition, it is but reasonable, that a man

    should be prevented from leaving his wife or children from being

    burdensome to the people. Such accordingly is the law in England.

    When in England a man deserts his family he flies from home.

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  • Title: [1819 Dec. 5 Bentham’s Radical]
    Description: 1819 Dec. 5

    Bentham’s Radical

    Prelim

    II. Necessity

    6

    1

    If the exclusion thus put upon discourse where[?] confined to spoken language /speech/, there would in some cases be not only /merely/ plausible pretence but sound reason. Why? Because by speech a man might be forced to receive into his mind that which would hurt his feelings subject him to a pain which there would be no use[?] as his being subjected to, at the pleasure of a wrongdoer /an offender[?]/ an unfailing person might be thus injured /afflicted/ /subjected to this affliction/ and he would have no means of saving himself from it. A man’s piety might thus be wounded by that which in his case is blasphemy: a woman’s modesty by that which in her case is indecent language.

    But by written discourse how are any man’s feelings to be wounded unless he chooses they should be so. The book is in his hands: so long as he likes it, he reads it: the instant he comes to any thing which he does not like he lays it down what could any reasonable man wish /have/ for more.

    Oh but the rising generation be[?] but children of blasphemy is[?] sedition be sufficed to circulate, their minds their tender minds may /will/ be pierced[?] by it. Their tender minds pierced[?] by it! Oh […?]! these children have they not Parents or other Guardians? Is it that their Guardians who knew them care nothing for them, and the only persons who care any thing for them, are gone[?] to where they are unknown[?] and have not any inducements[?] for caring for them comparable to that which you have for caring for your own dogs and horses.