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.