date

28 June 1802 42 N. S. Wales 7 Whether
28 June 1802 42 N. S. Wales 7

Whether the Ministers, whose system from beginning to end was

directed by a spirit principle of equal

contempt for the laws of the land and those of natural justice —

whether these Ministers at any period subsequent to the commencement of it

have thought fit so far to preserve the forms of respect for the

forms authority

of law the legislation as to employ a sham contract with

[+] with a servant of the Crown the Governor

of the Colony to bring themselves within the letter of the law

— of the Act of 1787 I do not pretend to know. All I can say about

the matter is comprised in this dilemma.

In point of fact what is print and is notorious to

every body is — that somehow or other Convicts on

arrival at South Wales find themselves transferred and made over to

the Governor. This transfer is made either with the intervention of a

Contract — a contract between the transporter who

transferrs the Convict, and the Governor who accepts him

— or it is made without such Contract. In the first case, the letter

alone of the law is complied with by a sham Contract different in the most

essential particulars from the real old-established Contract

which the Nature (or at least the Natures which it professes to copy) had

in view: the spirit of the law being violated: in the other case the

whole proceeding is illegal and void, being without foundation either in

the spirit or so much as the letter of the law in which it

pretends to ground itself.

Contract, or no-Contract. If a Contract, it is a sham Contract, contrary to

the spirit of the law which authorizes it: it no Contract, the

system is illegal throughout, having no law to

authorize it
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    Description: 12 June 1802 37 N. S. Wales 2

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  • Title: [23 July 1802 N. S. Wales 2 by reason]
    Description: 23 July 1802 N. S. Wales 2

    by reason of such

    ordinances, whether by obedience paid to them or for want of

    such obedience, the Governor and all persons acting under him in this

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  • Title: [13 July 1802 3 N. S. Wales]
    Description: 13 July 1802 3

    N. S. Wales

    2

    3W Samples Drunkenness 3above. This design

    the Judge Advocate calls a strange one.

    strange that the Governor

    it could be suspected by any person of not being ready to

    legislate without power.

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    of it had been, how many

    soever might have been disposed to evict stills licence,

    a man would hardly have thought of applying with

    entertained any such

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    Governor for his licence." I hope in this case nobody was

    punished no punishment was enhance

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    Meantime the

    words his Majesty's commands may serve him as a clue.

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    sanction to those despotic and illegal ordinances which were

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    authority for which might or might not have been

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