SSamDav/icdar-htr-competition-2015 huggingface dataset:
No 7 Mr Hiley Addington to Mr Bentham._

Mr H. Addington presents his Compliments to Mr Bentham, and

begs that he will make any Representations that he may think proper,

in answer to the last communication from the Board._

April 20th 1801_

No 8 Mr. Bentham to Mr Hiley Addington_

Sir/ 21st April 1801

In answer to the Note I was honoured with from you yesterday

evening proposing to me to make any representations I might think

proper in answer to the last communication from the Board (meaning I

presume the letter signed by Mr Long and dated the 25th of last Month)

I would beg leave to express my wishes to be informed, whether any

private letter on the subject to Mr Addington (dated the 28th) has

been put into your hands and whether the reference therein prayed to

Mr Nepean has been made or is intended to be made..

I have the honour to be &c _

Mr. Hiley Addington to Mr. Bentham _

Sir 7th May 1801_

The only paper put into my hands by my Brother was,

one containing Copies of a correspondence between you and Mr Long. I

have seen no private letter from you: _

I have the honour to be &c _

the Appendix is unintelligible.

Mr Bentham's note on No 9: written 27 Aug. 1802

whole

Mr Addington then received the private address: marked private.

After near 6 weeks consideration, he puts into his Brother's hands the

Appendix only, keeping back the body of the letter without which

No 6 7

No 8

No 9

No 10
but whose Successor is so.

The Insurance as now proposed by Mr. B.

would be infinitely too disadvantageous to the

public, the Major part of those that die within

the Bills of Mortality are within the Age of

10 years, & Mr. B. will scarcely have any

person within that Age delivered to his Care .

The whole Article had better be omitted, or the

Estimate made so as to exclude all persons

under ten years old.

A Report is to be made by the Governor

to the Court of King's Bench on the first day of

every Term, & the Court is to give such orders

thereupon as shall be judged proper, but there

is no provision made in case the Governor

should refuse to obey such Orders, & as he

cannot under this Contract be turned out of

his Office, no remedy can be administered to

his neglect or refusal. In order to make

this Article of force, the Governor should

enter into a Bond, conditioned, in a large

Sum, to abide by such orders, as the Court

of King's Bench should issue to him, upon an

Examination of his Report" . As this Article

now stands, after the decease of Mr. B. &

his Successor , Government are to pay Mr.B's.

Representatives for all the Buildings, Stock &c,

upon
3.

C

Of Simple Personal Injuries.

[E Farther] If any further personal Injury be occasioned, it

injury, an act of unlawful <gap/> an act of kid=

:napping an act of unlawful homicide, as the case may

happen: if it be intended only and not occasioned it consti=

If any farther mischief that is not personal be occasioned

or intended it constitutes in like manner a separate of=

[F Danger] To wit of being subjected to bodily pain or un=

[G Bound] 1. Everyman is bound on such an occasion

to give assistance to any other, if he can give it without any

trouble or inconvenience to himself that is worth

regarding.

2. The obligation you are under to assist a fellow creature

is the stronger the greater the danger appears to be which

threatens him and the less trouble it would cost to save

him.

special ground of justification (See Fit: [Justifications]),

if his forbearance proceed from any other motive than

that

injury to the liberty of loco-motion,

:tutes an attempt referable to one or other of these offences.

:fence.

:easiness.

3. A man is always punishable for withholding his

assistance on such an occasion, unless when he had a

institutes a different offence: to wit, an irreparable personal
default of such Devisee or Devisees then by the Executor or

Executors Administrator or Administrators of , or person or

persons intitled to take out Administration to, the personal

Estate of such Survivor as aforesaid , untill due satisfaction

shall have been made to the Estate of such Survivor as well

for the value of the said Buildings and other irremoveable

improvements of every kind made in or upon the said

Land or any part thereof as for the moveable stock remain-

-ing thereon and occupied therewith : And in default of such

shall remain and continue in such legal representatives or

persons intitled to take out Administration as aforesaid : And

all such allowances as under the terms of this agreement were

made or to have been made to such Survivor , for or on account

of the maintenance of the said Establishment , shall during the

same period continue to be made unto the person or persons

so seized and possessed as aforesaid : the value of such Build-

-ings improvements and stock to be settled by two referees, one

[their Successors the other by the person or persons so seized and

possessed or intitled so to be as aforesaid , with power to appoint

an umpire.

Feoffee so appointed , such seizin and possession as aforesaid

to be appointed by the Lords Commissioners of the Treasury or

16
is that of the recapitulatory examination

otherwise called Quasi Trial.

Art. 4. The original examination performed

by the Judge alone: the recapitulatory is per-

formed by the reconsideration of all evidence

delivered in the course of the original exami-

nation: together with the consideration of any

such argumentation as is on this occasion made:

the sources of evidence, if more than one, are

now confronted and compared.

Art. 5. The recapitulatory examination, the

Judge for his own satisfaction or that of the par-

-ties, has power to perform

: at the requisition of a party on either

side, he is bound to perform it.

Art. 6. When it is of his own motion, no de-

finitive decree is pronounced: when it is in com-

-pliance with requisition as above, both defini-

tive decrees are provisionally pronounced, & to

them, the requisition makes reference.

Art. 7. The provisionally definitive decrees

being pronounced, the Judge puts its to the several

parties

(2

2
7.

C

Of Adultery.

adulteress were otherwise of good fame for chastity and

the husband chooses to put away the adulteress the Of=

:fender may be obliged to marry her. Qu.

4. He may be made to wear the Adulterer's Coat for

a certain time in a manner more or less public.

1. If before the Offence the Woman prostituted herself for

and he shall pay nothing on the score of compensation.

and Costs shall be adjusted between him and the Hus=

:band according to the circumstances of the Parties.

2. If he had probable reason for believing her to be of

evil fame for chastity. In such case he shall only

be made to pay more or less on the score of compen=

:sation.

3. If he had probable reason for believing her to be

unmarried. In such case he shall only be made to

Extenuation Excuse I. Adulteress a Prostitute.

privately

lucre. In such Case he shall only be admonished;

pay

different determination according to the Laws & Customs of different States.

Note

<gap/><gap/><gap/><gap/><gap/>
of local distance - had been trusted to - nature herself having

been thus perverted into an instrument of iniquity - a tool

of dispensing power. The mask was now thrown off and the

Monster presented itself in undisguised deformity. I mean that face

of it which was seen where the power was felt - in New South Wales:

for the face seen in this Country was never completely unmatted

till now. Not only had this most obvious precaution been neglected,

but at this time, no instructions whatever for the Governor, in any

such view as that of preventing the return of Convicts - at least

of de jure emancipated Convicts - had been received. For at this

very time (as we learn from the paragraph next before the

above) such as should be desirous of returning to England were

"informed, that no obstacle would be shown in their way" (the

way of those Convicts whose sentences of transportation had expired+

"they being at liberty to ship themselves on board of such vessels

"as would give them a passage". - Such was the communication,

-such the language, which justice would naturally dictate to

honourable minds; unfettered as yet and uncorrupted, by instruct

ions as oppressive and perfidious as they were illegal.

Yet, it is after this, that among the ingredients in the

composition of the "utility" of this "settlement" the "circumstances of

"its freeing the Mother Country from the depraved branches of her

"offspring" # is mentioned by its ci-devant Judge Advocate, and still

faithful though ever candid and honourable advocate, upon the

list. Whence then, it may be asked; comes this language, and

under circumstances so little favourable to the use of it? Whence?

but that such (as I have all along said ) was the design on both

floors of the Treasury and the design - the only ostensible one, being

of course no secret, such was the conversation on the subject,

there

N. S. Wales

5
8

the above facts to be established. But for this

purpose he does not very well see how, in justice

to his Representatives, he could avoid calling upon

the persons in question to admit them or deny them

(a troublesome and unpleasant business on both sides)

nor would it be a pleasant situation for him to

have to leave his Representatives with a burthen

of such a weight hanging over their heads.

Mr Ford will easily conceive , that the Building,

though a considerable part , is nothing nigh the

whole of the expence at coming in. Fitting up &

furnishing, especially the apartments of the Officers,

Clerks, &c, who will be very numerous, stocking the

Manufactories and the Hospital, Cloathing (an article

which must come heavy at first before there are

old cloaths to serve for working) All this, besides

a new invented system of machinery , which, though

not half compleated for such a number, has already

cost several thousand pounds. So far therefore from

having been understood that the £15,000 was all of it

for the building , it is not true, nor any thing like

true . Mr Campbel's charge, as appears from the

Reports of the House of Commons, was at the

rate of £30,000 instead of the £27,000 and that

for several years together.

Panopticon
upon the occasion, it only gives Mr Bentham

for his Penitentiary Plan, and that for a single

year in one case, and for two years in another,

what it is now giving to Mr Campbell, and

would continue to be giving to him otherwise, for

his Hulk Plan.

Mr Ford assumes, as it was very natural for him

to do, that of the £27,000, £15,000 was for the

Building, since £15,000 is the difference between the

£27,000 (the sum demanded for the first year / and

£12,000 (the sum demanded for every subsequent year

for the 1000 Prisoners /: and an inference equally natural

was , that, as Government had paid that sum once

for the Building to Mr Bentham, it should not

have to pay that sum over again to his Represen-

-tatives. But no such line of distinction was ever

drawn on either side till now. Mr Bentham's pro-

-position was _ "Land with a fixed price to it has

been appropriated to the purpose of a Penitentiary

"House _ You give Mr Campbell £27,000 for every

"year for maintaining Prisoners on the Hulk Plan_

"Give me that sum for the first year only, I will

"buy the Land, I will find Buildings, &c. and for every

"year I will maintain the same number for £12,000.

"Here then you have the Penitentiary Plan for the

"first year at no more than the expence of the

Hulk

3
such latter supernumerary : as for example if two

hundred supernumeraries be committed in the first in-

-stance and the number be reduced to one hundred,

then the addition shall not be paid in respect of any fur-

-ther supernumeraries which may successively be added

to the one hundred untill the number of supernumera-

-ries be augmented again so as to amount to two hun-

-dred

Art. 5. And Whereas in and by the said Statue of the

7th July 1794 it is enacted that when the said Penitent-

-iary House or Houses shall be erected in pursuance of,

and according to, such Contract or Contracts as therein

and herein mentioned, or sooner if occasion shall require

it shall and may be lawful for his Majesty , His Heirs

and Successors from time to time by an order in writing

to be notified by the Principal Secretary of State for the

Home Department, to appoint one or more fit and

discreet person or persons to be Governor or Governors

of the said Penitentiary House or Houses , to continue in

such office or offices respectively , for such time and un-

-der such conditions as his Majesty shall direct, who being

so appointed thereunto shall have the care, man-

-agement superintendence and controul of the same and

of all and every Offender and Offenders who shall be

delivered into his or their custody , by the direction of

his Majesty , his Heirs or Successors under such powers

directions limitations & restrictions as are contained

in

more than

7
6.

C

Of Adultery.

1. Her Name may be registered in the Book of Adultery.

2. She may be banished the presence of the married

persons either or both of them for a certain time.

3. She may be made to pay something by way of a=

:mends to the Wife of the Adulterer. Qu.

:tery with a married Woman his punishment shall be as

follows.

to give the party injured in the way of compensation would

not be enough to take from the Offender for the purpose

of Punishment, he may be fined.

2. Upon petition of the Husband he shall be banished

from the presence of the Husband and of the Wife or ei=

:ther, for a time or forever: so also may he from the presence

of any relation or relations of the Wife's.

3. If there be no disproportion of rank, (a) and the adulte=

:ress

Extenuation

If without Excuse an unmarried man commit Adul=

1. If he be so rich that a sum which would be enough

different

Note.

is a matter which it is evident will be liable to receive a

[(a) Rank] What shall be deemed a disproportion in point of rank
To be omitted

To act

"Law is a rule of action prescribed by some

"superior, which the inferior is bound

"to obey." The Obligor, and the Obligee, he who

prescribes, and he who is bound to obey,

the Superior, and the inferior must there-

-fore be seperate, and distinct beings. Yet

our Author very philosophically suppo-

-ses a being prescribing laws to himself.

"A being/says he/independent of any

"other, has no rule to pursue, but such as

"he prescribes to himself." _ This may be

very intelligible to an enlightened follower of

Athanasius, but must, I think, be very

unintelligible

12)
P. 126. September 1790. "In order to encourage as far as possible

"the rearing of swine in the colony, as well as of every other

"kind of live stock, a circumstance that must not <gap/> only prove

"a great benefit to the public, but be also highly to the advantage

"of those who devoted a part of their time to this useful purpose,

"and which, from the advanced state of the private farmers, might

"now be done with far less trouble and expence than formerly, the

"settlers and others were informed, that when any individual should

"have prepared a number of such animals fit for the public

"store, they might make the same known to the commissary,

"who, in order to prevent any unnecessary expence to the feeder,

"would get give immediate notice of the day and place when

"and where he would receive them. He was also at liberty to

"enter into an agreement or contract for a certain length of time,

"and on such conditions as should be agreed, with any person who

"would engage to furnish the public store either at Sydney, Parra-

-"matta, or the Hawkesbury, with any certain quantity at stated

"periods."

P. 196 January 1799. "That he [the Governor] might ascertain what

"quantity of grain he had to depend on, all those who cultivated

"ground were directed to give in by a certain time a return of the

"wheat and other grain in their possession."

P. 196. January 1799. "Wheat at this time bore a high price

"in Norfolk Island, the settlers who had raised refusing to sell it,

"on account of the high wages, at less than fifteen shillings per

"bushel."

3
been less sincere in such their profession, than the Duke

of Portland would have been, had he done what he has

not done _ condescended so much as to profess any such

disposition as that of promoting the object of the Act? -

I mean, my Lord, the Act which was calling upon him

as it continues calling upon yYour Lordship nor for ob-

-struction but for obedience - the Act his Grace has so well

"examined and understood the object of" the Act for the

establishment of that Penitentiary House, whihch it was

the object of this Letter of his to uncorowd of as many

inhabitants as had been designed for it by that Act.

It is in pursuance of this plan, my Lord, that a

little more than five months after viz: on the 25th of

March 1800, the Treasury, on the ground of a preparatory

Letter therein spoken of as received from his Grace, write

to me to acquaint me that the "proposed building of

"a Panopticon was to be calculated to accommodate 2000

"persons". This, by way of answer to an humble address

of mine, written of on the 17th of August more than seven

months before, in the declared view of my making

preparations of an expensive nature, and begging to know

for what number they were to be made. Faithful to

this same plan while I was amusing myself with

these preparations, together with other occupations

which the same policy had provided for me, the

Noble and Right Honourable and Honourable Conspira-

-tors (if by a mere figure of speech a concentration

amongst potentates about crushing worms may be

thus characterized) from that time to the 18th of March

1801 conversing on the subject in confidential whispers

between

31

Letter 3d
upon the premises, notwithstanding that

Government supply a large Sum, viz, £13 ,000

towards such Building on the Commencement

of the undertaking, and eventually a much

larger Sum, by paying him £18 for every

person committed to his Care, above the

Stipulated number of 1000, for the express

purpose of providing an Habitation and

enlarging his premises. This appears much

too hard upon Government, & it would be

fairer to let that matter be referred, when

the period arrives, to two Arbitrators, one to

be chosen by government, the other by

Mr. B's. representatives, with power for them

to choose an Umpire in case of a Variance

in Opinion. Such Arbitrators to settle what

deduction ought to be made on behalf of

Government out of the Value of the

Premises &c. in Consideration of the said

Sum of £30,000 , and the Amount of the

agregate Sum the said Payments of £18 _

may be estimated at.

15

15000
C

Simple Personal Injuries

Where the quantity of damage which was intended is the

to be adequately intentional with respect to its conse-

-quences; when not so much, inadequately; when more,

more than adequately

If your intention was to strike him in the leg in such

manner that he might be obliged to have it cut off, or if

you intended to strike him in the fore-arm in such manner

that he might be obliged to have his fore-arm cut off, and the

case is that the damage he would suffer from the loss of a

leg would not be materially greater or less than what he

would suffer from the loss of a fore-arm, in either of these

cases the act was adequately intentional with regard to

arm or the leg without depriving him of either, the act

was inad quately intentional: if your intention was to

very quantity which eventually ensues, the act may be said

You intended for instance to strike the porter,

whose leg you have broken. If

the quality of damage.

If your intention was only to hurt him in the fore-

deprive him of his thigh or the whole of his arm the act

was-

e
of Colonies who, with whatever views, pitched upon this un-

-precedented and matchless distance

This general modification, by which the condition of

Expirees was for the first time brought upon the carpet being

explained, I proceed to collect the manifestations that occurr

of the conduct observed by the local government in relation to it.

In this little piece of history, it will be necessary to

distinguish two periods: the one preceding the point of time at

which the first intimation of the intentions of Administration

here at home in relation to the liberty in question appears (as far

as the information extends) to have been received: the other sub-

-sequent to it.

I. Conduct

( )

In the anecdote, besides the main point, we see another ex-

-emplification of the spirit of injustice with which the whole system

is impregnated. It was not enough to stretch into a perpetual

punishment a punishment of which there remained but two

years fourteen or seven years - the same extension was here

given to a punishment of which there remained but two

years. An account of a set of extensions more or less nume-

-rous, in the same strain, but some of them (I understand)

Lordship's Most Noble predecessor will one day perhaps to give. In

some recent instances, Convicts whose confinement in New South

Wales would have become illegal almost as soon as it would

have commenced, were liberated at the indication of a person very

near to me, from the oppression to which they had been doomed

under the auspice of his Grace: and I had the satisfaction

to learn that it was to Your Lordship's justice, that he is

indebted for the few items struck out of the catalogue of his

res gestae, in a relation to this his "improved Colony."

barbarous in the degree, will be among the account which Your

have

( )

11

N. S. Wales
for one year) is not by any means a sufficient allowance for the

expence of building, fitting and stocking as aforesaid but only

a partial allowance towards the same the bulk of the ex-

-penditure necessary for the same being accordingly made up

or to be made up by and out of the private fortune, or save by

the ingenuity of the said Jeremy and the said Samuel Ben-

-tham or one of them And Wheras if such Buildings Im-

-provements and Stock were not to be the property of the said

intended Managers the encouragements necessary to induce them

to contribute by their own money to the improvement of the said

Establishment would be in great measure wanting, And

Whereas on the other hand the fee simple of the said piece of

ground will when purchased be according to the provision of

the said Statute vested in some Feoffee appointed for that pur-

-pose by the King's Majesty his Heirs or Successors, which Feoffee

after the decease of the Survivor of the said Jeremy and Samuel

Bentham under the powers of the said Act might if some pro-

-vision were not herein and hereby made to the contrary take

possession of the whole Establishment and so occupy or dispose

of the same as to deprive the legal representatives of the said

Jeremy and the said Samuel Bentham of all benefits from

the said Buildings Improvements and Personal Estate_

Now therefore it is hereby declared and agreed that upon the

decease of the Survivor of the said Jeremy and the said Sa-

-muel Bentham if there shall be any person duly appointed

by his Majesty as Feoffee to stand seized of the premisses

at and from the term of such decease then such Feoffee shall

stand seized of the said real Estate and possessed of the said

Stock and other personal Estate occupied with the same, in

trust to permit the same to be occupied and enjoyed by the

Devisee or Devisees of such Survivor as aforesaid and in

default

15