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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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Title: [Note 9 July 1802 + 12 13 N. S Wales]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 result to lose her bondage, nor forfeit his own freedom. 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 country 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 or inocent children having, under a mistaken confidence in the justice and humanity of government, suffered themselves to be transported to this unhuman region, should, by the improvidence, and injustice and inhumanity and improvidence of men in , see themselves confined then perhaps for life, is indeed a melancholy state of things: but it will be difficult to say that the injustice, done to any number of individuals thus circumstanced would be redressed, by adding to it another of the same kind. — +2 +2 The solution of the difficulty is not difficult: to those who sent those innocents thither, belongs in justice the care and the expence of sending them back again. The more doubtfull, the course most proper to be taken on this occasion, the clearer the abominathness of the system and the improvidence and incapacity of those by whom it was contrived: +3 +3 contrived without any known , and afterwards itself magnified, in the bulk of convictions, into a pretense a pretense for relinquishing a system , without spot clear of those and this as well as all other abominations.
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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 "who had wives and children incapable of maintaining themselves and likely to become burdensome to the settlement, until 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 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. But in the case in question, the flight, if not obstructed, would have been a flight homeward, and from a place in which no authority there could detain a man without a crime. That the innocent
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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.
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