JB_116_362_001.xml

Title: [18 Jun 1803 + (3 N o 2. Collins X]

Description: 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?

JB_121_015_003.xml

Title: [Marginal Contents (7 Connects Grounds of]

Description: Marginal Contents (7 Connects Grounds of rejection

Grounds of rejection

Economy 13 Supposing the least expensive of the two 13 to 1 to be too expensive for a fair sample by half so much more still the inferiority in point of economy as compared with Panopticon is stupendous.

14 Nature of the County Jail is improvements compared wit the expence.

15 King's mode of making out the superior economy of the County Jail system is by considering the expence of that as nothing because not borne by the Government.

16 King reason for considering the expence as nothing is that the task of finding money for it would not press upon him or his.

17 Obstacle to King's economy the Acts of Parliament 34.G.3 c.84 and 39.G.3.c

18 But this was got rid of by the Duke's legislative power.

N.S.Wales The State of N.S. Wales supposing it was so much improved affords us argument for relinquishing Panopt. but on as far as would be more conducive to this common & them that and Panopt. together. But it is not so insincere as Panopt. Ends 1. Example. Prevention of offences on the part of others 2. Reformation. prevention of future offences on the part of the transported Convicts.

3. Compensation for damage when by the officers committed to Economy of the establishment. II It would not follow that if N.S. Wales kept up Panopt. should be given up because Panopt. by cancellation could be a spur to good management in N.S. Wales.

The question examined 1. On 2. On practice.

It not only is not improved to the purpose of the argument but they themselves did not believe it to be for 1. They never gave in a Part r accounts of it 2. Thought called for by Finance Committee 3. Other members knew their and durst not for those accounts. It would have been hastily.

4. Every sensible of this weakness of his argument by their the argument from delay before it.

Two points considered 1 - Abstract utility. 2. Bona fides whether they really believed in it

In regard to economy It is not enough though it should be improved if not improved to a degree equal to Panopt.

Grounds of rejection

1 4 - Grounds of relinquishment New South Wales. This the best place to fetch false excuses from as being the most distant and out of sight.

2. 1 For the purpose of the argument no matter what the state of that colony really was - but what they thought it.

3. That they thought it bad, appears from their never daring to publish any accounts of it - though so strongly urged by the Finance Committee -

4 While L d Belgrave was propagating the Gospel the conspiracy, at the instigation of L d Belgrave was propagating immorality in New South Wales.

5 The immorality is here annihilated by keeping it out of sight as the bad economy in the case of the Jails.

Grounds of rejection

1 5 Increase of terms - comparison of this Minute 13th August with that of 14th July 1800 - the term proposed being preserved -

2. Could not Long have proposed decreased ones? He did not propose even the original ones. If he had the pretence for " relinquishment" would not have stood.

1 Suppression of King's letter of 28 th July 1800 - a proof of its not being fit to be seen.

2. The suppression dates in Addington's time.

3 Consciousness of the frivolousness of these last arguments proved by their being ranked behind the argument from delay.

JB_116_207_001.xml

Title: [12 June 1802 (+r) N. S. Wales 1 2V. No care]

Description: 12 June 1802 (+r) N. S. Wales 1 2V. No care taken to plan the

Bondage upon any certain or consistent footing.

Another point and that a fundamental an essential one.

I have already touched, though but incidentally, +

+ p. 45, 6. on the

obvious and

unsettled footing on which the condition of a transported

convict has all along rested and still rests, in respect of

the important question between bondage and no bondage. When

he lands in New South Wales the Governor, in point of

fact, takes possession of him it appears and does with him

in this

adds aggregates

him to an already formed working gang, or in any other way

disposes of him, as he thinks seems best. For the power

thus exercised what is the foundation in point of law? On what

ground in point of law is the power thus exercised, built?

Turning to the Act of 1784, as quoted in the Act of 24 G 3. c. 9C

1787 in and by which whatever is done by law towards the founding of

this Colony is done I see read I find as follows these

words — that when any person ... shall be .. convicted of any

offence therein mentioned, it shall be lawful to ... the Court ... to order

and adjudge that such person ... shall be transported ... and in ..

such case it shall .. be lawful for his Majesty .... to declare such to

what place ... and such Court ... is ... authorized ... to order such

offender s to be transferred to the use of any

person ... and his assigns who shall contract for the due performance

of such transportation ...

Under this Act then A Convict is under this Act sent

out to New South Wales. under the care of a Merchant

hire

who contracts for the transportation of him: under

this same act, he is transferred to the use of such Contractor: What " use" does any such Contractor ever make of him?

none: for immediately in point of fact on landing, he

comes

possession

is