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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
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