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1.
Legislative power. none
created.
2.
Cause. Two powers
were meant to be exercised.
neither of them
fit to be named -
1. Power of amending
all the transportation
laws
3.
2. Power of legislation
in a single hand.
4.
Pitt was then upon
his good behaviour
having lately stood
his ground against
the House of Commons
upon Constitutional
grounds -
5
There was a rage
for colonizing somewhere
- this furnished
a pretence for the
expence
6
To create the necessary
legislative power the
only way was to
create the necessity
for it by
7.
As by the first Pitt
Lord Camden had been
done by negligence.
8
Evil consequences
1 st Unconstitutional
example
2. Insecurity of the
Colony.
9.
The seditionists if at
any time they should
have lawyers among
them may subvert
the government without
incurring any
legal penalty.
10
Regulations
1 st what legal
11
2. what illegal.
12.
Cases put of illegal
regulations for which
in point of utility
there may be a
demand.
13.
Capt n Collins not
considering this
want of power to
make regulations
speaks with surprize
of the spirit
of careless independance
among
the emancipated
bondsmen.
1
Though the design was
to prevent the return of
Convicts, no plan was
formed for the execution
of it - neither
at the outset, nor for years. p.18
2
A just one would
have provided for
their return of emancipees
and made it
as easy as under
the old system. p.19
3.
An unjust one would
have taken measures
against the return
of emancipees from
the first.
4
At first they had
no plan for prevention
of the return either
of emancipees or
non-emancipees.
5.
When they had any
it was directed as
much against the
one as the other.
6
and this the legitimate
object of the establishment
or not their
conduct is equally
indefensible.
7.
When they put emancipated
bondsmen
under this
illegal restraint
they put all freemen
under the same
restraint.
9
It appears in the
same document authority (Collins)
that Convicts who had
no more than 3 year
remaining was sent
out in the design
of their never returning.
p.26.
10
It was with the
Penitentiary Act
of 1799 before them
the Act so anxious
to distinguish between
degrees of punishment
that they thus confound
them.
Though this gives them
the power (as well as
1704) they avoided
it.
8
Effect of this event of
plan
1. While as yet there was no
plan formed for preventing
the return of
non-expirees, expences
were provided, by the
neglect, not accidental
or wilful, if not speeding
out the process evidencing
the lengths of the terms. n.25
1
On what ground rests
the Governor's power over
the Convicts?
2.
Under the Acts the
transportation must
be by contract and the
convict is transferred
to the use of the
contractor and his
Assignees
3.
Under this provision
there is nothing to
hinder the Contractor
from assigning the
Convict to his (the
convicts') use) unless in
the Contract he be
restricted to assign
him to the Governor.
4.
Though a provision to
this effect should be
in one Contract yet
it may be omitted
in any other.
5.
As the transportation
cannot be performed
without the intervention
of a Contract, how can
it be performed in
a King's ship .gr.
the Glatton? not without
a fiction.
6.
In the case of a
Convict, pardoned on
condition of transportation
for life, power is given
to the Crown to allow
him to transport
himself.
7.
By this means the
bondage is pardoned
without speaking of it.
8
Origin of this clause
unclergyable felonies
in some instances
gentlemen's offences.
9.
This power not being
given in the case
of a clergyable offence
hence the greater
criminal has an
indulgence refused
to the less By law
clergyable felons may
be permitted to buy
off the bondage (as
above) if the Crown
does not oppose it:
although not the transportation.
10
But in the transportation
to New
South Wales they
can not now do
either.
11.
The obscurity and
uncertainty of the
fate of the Convicts
in these important
particulars under
such legislation and
management is a
sufficient proof of
its being blameable.
about
claiming from trust
management to contract
management in the
case of the Parliamentary
House.
Mala fides
In the case of Cold
Back Fields prison.
Parliament orders and
enquiry and Mr
Pitt has makes no objection
to it. Will he ever
move for the enquiry
of these abuses &
if there were any he
was not the author.
Similar Items
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Title: [28 June 1802 46 N. S. Wales]Description: 28 June 1802 46 N. S. Wales 3 6. Conduct 3.Convict Let. continued. Be this as it may — [spite of the difficulty which an idea, in any degree divergent from the routine of common place, experiences in its endeavours is doomed to experience to place itself in the neighborhood of a declaiming tongue] so it is happens that by one means or another, in the year 1794 if not before the difference between interested management, and trust management was not altogether a secret to M r Pitt. Not only so but at that time (how long before I can not pretend take upon me to say) it was sufficiently understood that a law authorizing administration to conduct a system and in particular a system of this confinement and labour for criminals — in the way on the principle of trust management as under the original Penitentiary plan was no sufficient authority for committing it to interested management as under the proposed new Penitentiary plan: but unless the distance between interested management (as under the original Transportation plan) and trust management (as under this new Transportation plan) be greater than the distance between trust management and interested management — it should seem that, if the alledged necessity or propriety, of obtaining the of resorting to Parliament for its express sanction sanction of Parliament before possession was taken of the land, was any thing better than a pretence, that therefore in that case from and after the time at least when the difference between the two species of management was discovered — powers given by Parliament as under the Old Transportation laws to provide for convicts by under on the interested management ought not, without express authority from Parliament — use by any such trick as the intervention of a sham-contract, to have been applied to the providing for the same description of persons make upon the diametrically opposite system plan — under mere trust management without interest.
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Title: [18 June 1802 8 N. S. Wales Turning]Description: 18 June 1802 8 N. S. Wales Turning to Captain Collins' journal, I see traces of a variety of laws that at different times have been markd by the Governor: by the Governor alone, as it should seem, since on these occasions nobody else is ever mentioned. Expedient, all of these laws were — be it so. I make no question of it: the question would be nothing to the purpose. Illegal not all of them in toto: but at any rate many of them either in toto or in part. Legal, in so far as the Governor being steward of the public property under authority of the crown — acted in that character, and the by any regulation of his took upon himself to dispose of this or that or T other article. or set of articles. Legal in so far as the Governor — being under the act, or representing the master of these bondsmen, took upon him by any regulations of his, the disposal of their conduct or their time: supposing always that the powers created by a former act in this behalf were competent to the purpose of conveying such authority to the Governor, and properly pursued. But over the either the persons or in property of any individual other than the Bondsmen during bondage — over either person or property of any such individual — officer of the crown — subordinate agent free settler — even quondam Bondsman, where once emancipated, where was — where is the authority of the Governor? I mean for the purpose of issuing any orders call them by any name — orders, directions. regulations — laws — no matter for the name so they have were meant to have binding power — I say there is no such binding power in the hands of the Governor, or in any other hands. Those who
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Title: [26 June 1802 12 N. S. Wales 6 The]Description: 26 June 1802 12 N. S. Wales 6 The persons over whom the authority in a power of a legislative nature appears to have been exercised — and exercised by the Governor alone sole authority of the Governor may be distinguished into classes. 7 1.5 Convicts still in a state of legal Bondage — their respective terms of transportation being unexpired. 6 2.6 Wives and Children of Convicts in a state of Bondage 7 3.7 Officers and Privates Expirees Convicts after the expiration of their respective terms.. their Wives and Children. Thus if [+] [+] if these condition in point of fact had been really corresponded exactly with what it ought to have been in point of law, might have been termed emancipated Bondsmen: But as that does not appear to have been the case the appellation would be productive of misconception and is therefore can not be employd unfit for use. 8 4.8 Independent Free Settlers: including Officers and privates in both branches of the Kings military service and Officers in the Civil branch of the Kings service, establishing themselves after discharge from their respective situations. 1 5 1 Officers and privates of the military class in the land services 2 6.2 Officers and privates of the military class in the Sea service. The power of legislation as to these will stand on a different footing, according as they are considered as remaining on Ship board or as having come on shore. 3 7.3 Commanders and crews of British Vessels in private service. Same distinction as between the several periods of their remaining on ship-board, or being on shore. 4. 8.4 Commanders and Crews of Foreign Vessels — Same distinction as between Ship board and land. Among these eight descriptions the 2 d, 3 d and 4 th thru last may be stated as those over whom neither the Governor nor any body else possessed any authority by law: so that all Orders addressed to them by any body in any political capacity and particularly by the Governor alone, even ipso facto void: is also, under a certain exception all orders addressed to persons in general or whereby any power was undertaken to be exercised over persons in general were void, so far as concerns persons not subjected to the power of the Governor by trial law belonging to not any the of these three classes.
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