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