Econlib

The Library

Other Sites

Front Page arrow Titles (by Subject) arrow No. III.: Albert Gallatin, Minister Plenipotentiary from the American United States to the Court of London, to Simon Snyder, Governor of Pennsylvania, introducing a Letter from Jeremy Bentham to the said Governor. - The Works of Jeremy Bentham, vol. 4

Return to Title Page for The Works of Jeremy Bentham, vol. 4

Search this Title:

Also in the Library:

Subject Area: Law

No. III.: Albert Gallatin, Minister Plenipotentiary from the American United States to the Court of London, to Simon Snyder, Governor of Pennsylvania, introducing a Letter from Jeremy Bentham to the said Governor. - Jeremy Bentham, The Works of Jeremy Bentham, vol. 4 [1843]

Edition used:

The Works of Jeremy Bentham, published under the Superintendence of his Executor, John Bowring (Edinburgh: William Tait, 1838-1843). 11 vols. Vol. 4.

Part of: The Works of Jeremy Bentham, 11 vols.

About Liberty Fund:

Liberty Fund, Inc. is a private, educational foundation established to encourage the study of the ideal of a society of free and responsible individuals.


No. III.

Albert Gallatin, Minister Plenipotentiary from the American United States to the Court of London, to Simon Snyder, Governor of Pennsylvania, introducing a Letter from Jeremy Bentham to the said Governor.

Sir,

Mr. Jeremy Bentham intends to address you, for the purpose of making a gratuitous tender of his faculties and services, in preparing a code or system of civil and penal law, for the subsequent inspection and revision of the Legislature at Pennsylvania. This object had at a former period called the attention of the State; and the late Judge Wilson was, by the public appointment, engaged for some time in that work. Its difficulty is almost equal to its importance, and seems to have prevented his subsequent attempts. So far as it is practicable, Mr. Bentham, having devoted near forty years to the investigation of the subject, and from his rare talent of analysis and classification, appears particularly fitted for the undertaking. I have ventured to say so much, because those of his works which have appeared in the most popular dress, happen to have been published in the French language. I allude to his “Treatises of Legislation,” and to his “Theory of Rewards and Punishments,” edited by Mr. Dumont, and respectively published in the years 1802 and 1811. These works are generally considered as the best of the age, on the subject of which they treat. Had not other avocations prevented, I would have translated the shortest. For a brief account of these, I beg leave to refer you to the Edinburgh Review. Those printed in English, Mr. Bentham intends, I believe, to send to you. Those against the laws to forbid usury, and against taxes on law proceedings, are perhaps the most popular. I would recommend the perusal of that entitled “Scotch Reform,” as containing, amongst other things, an able defence of the principle, of the plan actually adopted in Pennsylvania, by the extension of the powers of justices of the peace and the arbitration laws, but not known to the author, viz. the submitting, in the first instance, all litigations to a summary and natural mode of trial, before resorting to the trial by jury.

In most of these works you will, however, find peculiarities, both of matter and style, and some suggestions, which you will condemn as inadmissible or inapplicable. But you will be pleased to observe, that Mr. Bentham writes no more for power than for money. The result of his labours will have no authority, unless sanctioned by the legislature. Nor, from the method which is habitual to him, will there be any difficulty in excluding parts, and modifying or adopting the residue. What he wants is the countenance of the State, so as to have a precise and practical object in view, and the certainty that his labours will not be lost—that his work will hereafter receive the consideration of the Legislature.

Feeling myself honoured by Mr. Bentham’s application for this letter, and thinking that Pennsylvania might, without risk or expense, be eventually highly benefited, and have the honour to take the lead in this most important general improvement, as she has already done in many of its details, and knowing your zeal for promoting all such attempts in our State,—I have embraced with pleasure the opportunity of addressing you, and of requesting you at the same time to accept the assurance of my high consideration. I have the honour to be, respectfully, Sir, your most obedient servant,

Albert Gallatin.