The present edition of Panopticon versus New South Wales and other writings on Australia consists of fragmentary comments headed ‘New Wales’, dating from 1791; a compilation of material sent to William Wilberforce in August 1802; three ‘Letters to Lord Pelham’ and ‘A Plea for the Constitution’, written in 1802–3; and ‘Colonization Company Proposal’, written in August 1831, the majority of which is published here for the first time. These writings, with the exception of ‘Colonization Company Proposal’, are intimately linked with Bentham’s panopticon penitentiary scheme, which he regarded as an immeasurably superior alternative to criminal transportation, the prison hulks, and English gaols in terms of its effectiveness in achieving the ends of punishment. He argued, moreover, that there was no adequate legal basis for the authority exercised by the Governor of New South Wales. In contrast to his opposition to New South Wales, Bentham later composed ‘Colonization Company Proposal’ in support of a scheme proposed by the National Colonization Society to establish a colony of free settlers in southern Australia. He advocated the ‘vicinity-maximizing principle’, whereby plots of land would be sold in an orderly fashion radiating from the main settlement, and suggested that, within a few years, the government of the colony should be transformed into a representative democracy.
Author(s): Tim Causer, Philip Schofield
Series: Collected Works Of Jeremy Bentham
Edition: 1
Publisher: UCL Press
Year: 2022
Language: English
Commentary: TruePDF
Pages: 619
Tags: Penal Colonies: Australia: New South Wales: History; Prisons: Great Britain: History: 19th Century; Australia: History: 1788-1851
Cover
Half-title
Series information
Title page
Copyright information
Preface
Table of contents
SYMBOLS AND ABBREVIATIONS
EDITORIAL INTRODUCTION
NEW WALES
Plan
Disposal of Convicts—Management—Separation—Sexes
Convict Proposal—New South Wales
Public Wealth
Influence
Right wanting
Extended Empire
New South Wales Expence
Provision
Separanda
Botany Bay—Resolutions against
CORRESPONDENCE, SENT TO WILLIAM WILBERFORCE, OF JEREMY BENTHAM WITH SIR CHARLES BUNBURY
No 1. Mr Bentham to Sir C. Bunbury. 12th April 1802
No 2. Mr Bentham to Sir C. Bunbury. 25th April 1802
No 3. Mr Bentham to Sir C. Bunbury. 30th July 1802
No 4. Sir C. Bunbury to Mr Bentham. 1st August 1802
No 5. Mr Bentham to Sir C. Bunbury. 2nd August 1802
No 6. Mr Bentham to Sir C. Bunbury. 9th August 1802
No 7. Mr Bentham to Sir C. Bunbury. 11th August 1802
No 8. Sir Charles Bunbury to Mr Bentham. 12th August 1802
No 9. Sir Charles Bunbury to Mr Bentham. 20th August 1802
No 10. Lord Pelham to Sir Charles Bunbury. 19th August 1802
No 11. Mr Bentham to Sir C. Bunbury. 21st August 1802
No 12. Title in case of impression
No 13. Panopticon versus New South Wales Marginal Contents (not yet printed 9th August 1802) in two Sheets. Sheet 1
No 14. Panopticon versus New South Wales Marginal Contents (not yet printed 9th August 1802) in two Sheets. Sheet 2
APPENDIX
LETTERS TO LORD PELHAM
CIRCULAR. To the LORD CHANCELLOR and the JUDGES
LETTER TO LORD PELHAM, &c. &c. &c. GIVING A COMPARATIVE VIEW OF THE SYSTEM OF PENAL COLONIZATION IN NEW SOUTH WALES AND THE HOME PENITENTIARY SYSTEM, PRESCRIBED BY TWO ACTS OF PARLIAMENT OF THE YEARS 1794 & 1799
§ 1. Example
§ 2. Reformation
§ 3. Incapacitation
§ 4. Compensation
§ 5. Economy
SECOND LETTER TO LORD PELHAM, &c. &c. &c. IN CONTINUATION OF THE COMPARATIVE VIEW OF THE SYSTEM OF PENAL COLONIZATION IN NEW SOUTH WALES, AND THE HOME PENITENTIARY SYSTEM, PRESCRIBED BY TWO ACTS OF PARLIAMENT OF THE YEARS 1794 & 1799
I. REFORMATION.—First Feature, Industry; Opposite Feature of Corruption, Sloth:—Prevalence of it in New South Wales
II. Further Features of Reformation—Frugality and Forecast. Opposite Features of Corruption—Prodigality and Improvidence:—Prevalence of them in New South Wales
III. Per contrà—Industry, Frugality, Forecast, in the American Penitentiary Houses.—1. Philadelphia House, instituted 1790
2. New York House; instituted 1790
3. Penitentiary System: Panopticon Mode
IV. General Depravity—Prevalence of it in New South Wales, as attested in general Expressions
2. General Depravity continued—Females
V. General Depravity—Particular Exemplifications
VI. Depravity—Particular Exemplifications—Incendiarism
VII. REMEDIES UNAVAILING. 1. Spiritual
[2.]—Per contra, Penitentiary System
VIII. REMEDIES UNAVAILING—Temporal—1. Punishments and Rewards—Evidence unobtainable
—2. Police
—3. Functionaries corrupt—Servants worthless
IX. Main Cause of Non-reformation, Drunkenness: Universality and Incurableness of it in New South Wales
X. Per contrà, Penitentiary System.—General Reformation, as attested in general Expressions.—1. During Confinement
—2. after Liberation, as per Accounts.
Penitentiary System continued—Reformation—Particular Exemplifications—Heroic Humanity.
XI. Main Cause, Sobriety: Strictness, Universality, and good Effects of it in the Penitentiary Houses
XII. CENTRAL-INSPECTION PRINCIPLE. 1. Escapes, for want of it, from the American Prisons, as above
XIII. INSPECTION—the more perfect, the more perfect the Management; viz. in respect of Reformation, Incapacitation, as to Escapes, and Economy
XIV. Fruit of the Penitentiary System, in point of Example, as well as Reformation.—Decrease of Crimes
XV. NEW SOUTH WALES—ECONOMY—Prospects as per last Accounts
XVI. English Hulks—and ‘improved Prisons’—Topics deferred
THIRD LETTER TO LORD PELHAM &C. &C. &C. ON THE HULKS AND THE ‘IMPROVED’ PRISONS, IN CONTINUATION OF THE COMPARATIVE VIEW OF THE SYSTEM OF PENAL COLONIZATION IN NEW SOUTH WALES AND THE HOME PENITENTIARY SYSTEM, PRESCRIBED BY TWO ACTS OF PARLIAMENT OF THE YEARS 1794 & 1799
XVII. Hulk system compared with Penitentiary and New South Wales systems
XVIII. Penitentiary system in England—Improved local prisons
XIX. Hulk Mortality—Sinecure made to screen it
APPENDIX. EXCISED PASSAGES
A PLEA FOR THE CONSTITUTION: SHEWING THE ENORMITIES COMMITTED TO THE OPPRESSION OF BRITISH SUBJECTS, INNOCENT AS WELL AS GUILTY, IN BREACH OF MAGNA CHARTA, THE PETITION OF RIGHT, THE HABEAS CORPUS ACT, AND THE BILL OF RIGHTS; AS LIKEWISE OF THE SEVERAL TRANSPORTATION ACTS; IN AND BY THE DESIGN, FOUNDATION AND GOVERNMENT OF THE PENAL COLONY OF NEW SOUTH WALES: INCLUDING AN INQUIRY INTO THE RIGHT OF THE CROWN TO LEGISLATE WITHOUT PARLIAMENT IN TRINIDAD, AND OTHER BRITISH COLONIES
CONTENTS
PREFACE
§ 1. Subject Matter—Object—Plan
§ 2. Power of Legislation—its Necessity in New South Wales
§ 3. Legislation—how far lawful in New South Wales
§ 4. American, &c. Legislation no Precedent for New South Wales
§ 5. Even in America, the Crown had no right to legislate without Parliament
§ 6. Nullity of Legislation in New South Wales, for want of an Assembly to consent
§ 7. Nullity of Governor’s Ordinances, for want of a Court to 341try Offences against them
§ 8. King’s Law Servants not infallible
§ 9. Nullity of New South Wales Legislation, proved by the Granada Case
§ 10. Governor’s illegal Ordinances exemplified. 1. For Prevention of Famine
§ 11. Governor’s illegal Ordinances exemplified. 2. For Prevention of Drunkenness
§ 12. Expirees forcibly detained
§ 13. Expirees, during Detention, kept in a State of Bondage
§ 14. Statutes transgressed by the Legislation and Government of New South Wales
II. Repugnancy of such Transgressions to Magna Charta, according to Coke and Comyns
I. Transgressions in Breach of the Habeas Corpus Act— Penalties thereby incurred under the said Act
III. Transgressions in Breach of the Petition of Right, 3 C. I. c. 1
IV. Transgressions in Breach of the Declaration of Rights
V. Transgressions in Breach of the several Transportation Acts, by which that Punishment has been appointed for limited Lengths of Time
APPENDIX. THE BRITISH CONSTITUTION CONQUERED IN NEW SOUTH WALES
The British Constitution conquered in New South Wales
COLONIZATION COMPANY PROPOSAL: BEING A PROPOSAL FOR THE FORMATION OF A JOINT-STOCK COMPANY BY THE NAME OF THE COLONIZATION COMPANY ON AN ENTIRELY NEW PRINCIPLE INTITULED THE VICINITY-MAXIMIZING OR DISPERSION-PREVENTING PRINCIPLE
Preface
Contents
Chapter I. Special Ends in view
Chapter II. Means of effectuation, primary, characteristic and distinctive—the Vicinity-maximizing or Dispersionpreventing principle
§ 1. Import and use of this term
§ 2. Dispersion its disad[van]tageous effects
[Chapter III. Means of effectuation, pecuniary and quasipecuniary]
Chapter IV. Means of effectuation, incitative: to the several parties whose cooperation is necessary or would be beneficial, inducements to take the several parts respectively desirous of them
§ 1. Inducements to Shareholders and other Contributors
I. Outlay, or say Expenditure
II. Return, or say Profit from the respective sources
§ 2. Settlers without capital—their inducements
Observations
Observations
§ 3. Settlers with capital in hand—their inducements
§ 4. Government—its inducements
Chapter V. Constitution of the Company and the Colony considered in connection
§ 1. Difficulty suggested
§ 2. Remedy proposed
Chapter VI. Company’s Constitution, what
Chapter VII. Colonial Constitution
§ 1. What it can not be
§ 2. What it may be
APPENDIX: EDWARD GIBBON WAKEFIELD ON THE COLONIZATION SOCIETY’S PLAN
E. Gibbon Wakefield on the Colonization Society’s Plan, 23 Aug. 1831
COLLATION: PANOPTICON VERSUS NEW SOUTH WALES
INDEX OF NAMES
INDEX OF SUBJECTS