2 Feb y 1803

Note continued (3

the last day of his service had been spent; in the next place for the

faculty of obtaining a passage on board of such ship or any other ship; in

the last place for the arrival of such ship at a British fort.

Under the new system the delay resulting from the two first of these three

causes would receive an unavoidable augmentation — in its

average amount very considerable, but owing to from the number

of causes of

it is encompassed with, altogether incapable of being

defraid. of the effect of the last of these causes —

the length of the voyage — the amount is not altogether

insusceptible of liquidation. Call the length of

a voyage from America six weeks a large high computation

call the length of a Voyage from New South Wales six months a low

computation — time then is) 4-1/2 months added to the duration

of the exile, by this one of the single power

of the three causes.

Over and above the illegal additions made, in the

mor

to the duration of the punishment in violation

of the Habeas Corpus Act, in the stated

already in the text, here there an addition

had been made slowly a less manifest but not less real

by the mere

very act of power by which the new system of

transportation was substituted to the old.

This enhancement, having been made at once from the commencement

of it by virtue of an Act of Parliament by which the spot in New South

Wales was appointed for the scene of the new system, could never

not therefore

at any time be stated as contrary to law. It was however

from the very first, in the first instance contrary to natural

justice,

viz: