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18 Jun 1803 + (3
N o 2. Collins X. 74. July. 1799. It was on this same
occasion that one of the claimants in question having in presence of
his Excellency. "expressed himself disrespectfully of "the Lieutenant
Governor, was ... sentenced to receive 600 lashes, "and to wear irons for.
— six months." What the words thus punished were:
does not appear: but what does appear beyond doubt, is — that if
there had been no such violation of law on the
one part, there would have been no such
respect on the other. (2)
Note
(2) It was in a court — "a criminal
"court' — that this sentence is stated as having been passed.
- A criminal Court? — what criminal Court? the Court legalized by
the Act of Parliament — the New South
Wales Foundation Act. 2+
+ 27 9. 3. c. 2. The cognizance given to that Court is limited
by the terms of the Act, to such "outrages and misbehaviours" as would be
misdemeanors, felonies, treasons "or misprision thereof, if committed
within this realm." Which of all these species of
outrages and misbehaviours would a man committ
in this realm, by speaking disrespectfully
threats of a Lieutenant Governor of New South Wales?
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Title: [VII Escapes I. Conduct of the Governor towards]Description: VII Escapes I. Conduct of the Governor towards Expirees, principally in relation to their liberty of departure, before the month of August 1792: being the time at which the intelligence was received, of the Instructions subjecting it to his will and pleasure. N o. 1 (p. 74) July 1789. The situation in which Expirees in general now found themselves placed has been already stated. By one individual in particular, an experimental proof of the nature of the situation was at this same time received. The only evidence by which the Governor's right to confine any body in New South Wales could be established not being forthcoming, a man in whose instance there was no doubt but that his time of punishment was expired, claimed his liberty. For the course of his argument, having used some words which though not mentioned were deemed "disrespectful to the "Lieutenant Governor", he was punished with six hundred lashes, and kept in irons for six months. A very instructive example certainly: it showed more what was to be got by talking about rights. N o. 2 (p. 130) August 1790. Another freeman trying to quit the Colony punished "for taking a very improper mode". The act itself consisted in the exercise of that liberty which the law of the land had saved to him, and which no man alive had any right so much as to pretend to give him leave to exercise. The impropriety of the mode consisted in the not asking leave, at the risk of receiving six hundred lashes and wearing irons for six months. Mode of punishment of course flogging though not mentioned: number of lashes not mentioned. This freeman "was punished together with a Convict" (bondsman) who had made a like attempt in the same ship at the same time. As far as can be judged, right or no right made no sort of difference. N o. 3.
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