[094-316v]

16 Jan y 1803

Expiries

In relation to [...?] there circumstanced, thus much is /two things are/ already , I trust, partly apparent. One is that in point of law (expediency always out of question) neither the Governor nor any body he had any right to detain any one of them a moment after the expiration of his term. 2. Another is, that after that same point of time - neither /as little/ had he any right of applying any sort of special controul to their conduct, even supposing the existence of a general right of controul over the inhabitants of the Colony taken without distraction.

So much as to the right. In point of fact, what appears is - that on the contrary. 1. [...?] were taken for preventing /detaining/ persons of this description from ever quitting the Colony without have[?]: which here was [...?] given sanctions [...?] - sometimes collectively to the class in general, sometimes to particular individuals of that class, and without any freed principle of distinction that can be perceived.

2. After expiration of their respective terms, they were moreover and [...?] being thus confused to this source[?] of punishment, treated as [...?] in divers instances, being collectively of individually kept in a state of bandage /servitude/.

As to delegation, the ground /topic/ of necessity, considered as a /in the character of/ justification or ever so much as one excuse, facts altogether. Expediency, mere expediency is all /the utmost/ that can be alledged under this head: and were this an expediency [...?] purely to the interests of the community in the Mother Country, not the interests of the colony /community/ thus governed. In the case of Convicts transported to America under the original transportation laws [...?][...?].

Supposing on the other hand the right of detention wanting on the other hand the power of detention assumed and exercised on these suppositions not only merely every instance where permission to quit the [...?] was refused, but also every instance in which it was granted are material for consideration. Every such refusal is an illegal exercise of this power in question: every such permission is a fresh evidence of the assumption of it: exception protect[?] regulation: in /by/ the very act of permission, the permission being official, a pernicious refusal, and that an immoral[?] one is [...?...?].