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Subject Area: Law

Sir F. M. Eden to Bentham. - Jeremy Bentham, The Works of Jeremy Bentham, vol. 10 (Memoirs Part I and Correspondence) [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. 10.

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

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Sir F. M. Eden to Bentham.

“Brighton, 8th September, 1802.

“My dear Sir,—

I think it is Lord Bacon who says (in his Essays) that we attempt some tasks, con diligenza; some con studio; and some con amore. I should bring with me the two latter if I were to enter the workshop of which you so kindly offer me the keys; but various circumstances would prevent me from labouring in it con diligenza. Two or three undertakings have already mortgages upon my industry: it would take me at least six months reading, and twelve months writing to furnish a decent commentary on an author,—

Qui, quid sit pulchrum, quid turpe, quid utile quid non Plenius ac melius Chrysippo et Crantoré dicit.

and in truth, if I possess any of the γνωθι σεαυτον, I apprehend that I am not competent to perform the duties of a literary master of the ceremonies to your ‘Legislation;’ and to introduce it with a splendid train of comments, criticisms, illustrations, and additions to English readers. I have not approfondi les choses sufficiently to add my flat to those of your opinions in which I should concur, or to attack those (if there be any) which I might disapprove. Your field, though it is an attractive part of the Champs Elysées, is too vast a one for me to cultivate. A very small part of it would employ my whole capital.

“But you must tell me ‘metaphors are not reasons.’ In plain English, then, I think I shall be fully employed from next November, in organizing a projected insurance office, to be called ‘the Globe.’* You will, I am sure, be somewhat interested in its fate,† for it has been treated much like your Panopticon, which has some features of insurance. It was, on many accounts, important to obtain a (non-exclusive) charter, (which, I think, I could satisfy you, upon your own principles, tends rather to destroy than to create monopoly,) and with this view, I applied to the Treasury early in 1799 offering as a bonus to Government, that the proposed Company should lay out £300,000 in the land-tax. Mr Long, in his answer from the Treasury, informed me that my Lords Commissioners approved the plan, and were of opinion, that application should be made to Parliament, for an Act to empower his Majesty to grant the proposed charter. This was done, and an act obtained that session. I conceived that the legislature having sanctioned the principles and plan, the law-officers had nothing to do but to dress our charter in legal flounces and furbelows; but, diis aliter visum, Sir John Retford thought otherwise; he entered in questions of policy rather than of law, endeavoured to vary our land-tax contract, and ended his paragraphs of objections, with this tol-de-rol-lol:—impose personal responsibility and penalties on the Directors;—but this cannot be done without the further aid of Parliament. After dangling a year and half (like poor Cranmer in Shakspeare’s Henry the Eighth) at the doors of the Council-office, ‘midst pages and pursuivants,’ we obtained a reference back to the law-officers to consider the amendments we offered; and at length, about January or February last, the Attorney and Solicitor General reported that we had obviated all objections; ‘but soft, by regular degrees, not yet.’ A meeting of the Privy-council for receiving this Report, is appointed for the 27th October. It was delayed six months, because the Chancellor was engaged with other business;—delayed till he could attend; and six weeks ago I learnt that he thought he ought not to attend in the Privy-council, because the charter would afterwards come before him as Chancellor. I almost incline to believe, we shall set to work without one of our tools—his Majesty’s Great Seal. In your law work, you have led two children through a Suit in Equity for a plaything; you must have given them the life of antediluvians to carry them through the process of a charter. It is recorded on a sepulchral urn, in the front court of the Foundling Hospital, that the person who solicited their charter, was thirty-nine years about it. I remember reading this inscription one morning, when I was exercising with a volunteer corps to which I belonged; and I confess I immediately said within myself, ‘Write me down an ass,’ for I too am a charter-hunter. The Bank, one of our opponents, have agreed to withdraw their caveat, on my consenting to strike out the most useful part of the plan: that for receiving deposits from the industrious classes, (a caisse d’economie, much wanted in this country,) and that for enabling the Globe to become treasurers to Friendly Societies. As soon, however, as we revolve on our axis, I shall endeavour to arrange a scheme, distinct from an Insurance-office, for this purpose (for it will not want a charter; and I hope you may be tempted to cooperate, especially if it should be brought to coalesce with your Panopticon.)

“I have much more to say to you, but am interrupted, and must conclude. You will see by the inside of my frank, that I meant to have answered your letter yesterday, but an engagement at Rottingdean prevented me. I will render your work on Legislation any assistance in my power, by such remarks as may occur on a second, third, or fourth perusal (for decies repetita placebit;) but though I am the Atlas of a Microcosm, I am wholly unable to bear on my shoulders your magnum opus which includes ‘the great globe and all which it inherits;’ but I will write to you again on this subject.—I am, my dear Sir, yours very faithfully.”

In a letter of Garnier, dated Versailles, 16th Vendémaire an. xi. (8th February, 1802,) to Bentham, he says:—

“It is impossible not to share your opinion as to the hardships of taxes on law proceedings. My self-love was highly gratified on finding that I had agreed with you in attacking Smith’s opinion on this matter, and in declaring, as you have done, that it is a sovereign injustice to burthen with an impost those who are forced to plead; for it is they who share least of that general security for which tribunals are instituted, and who, far from being called on for an additional charge, ought to have a claim to an indemnity. I published this opinion in one of my notes on Adam Smith, before I had read yours, and you will allow me to be proud of the unanimity.

* * * * *

“Your person and your writings are equally attractive to us. Each recommends the other; but you will not let us sufficiently know them. You show yourself for an instant, and then disappear.”

Bentham paid a short visit to Paris at the end of 1802. He dined with many distinguished Frenchmen at the Societé des Arts—Fontanes was in the chair. Bentham thought him very servile and very shallow. Among the guests was Gregoire, who told him he (B.) was to be made a member of the Institute, but he was supplanted by Charles Fox. There was also the Count de Lauvaquais, afterwards Duke of Brancas, who had been in England in 1775, or thereabout. He was a man of a singularly fine person, and wrote a memoir of a very pungent character, entitled “Memoire par moi pour moi contre—” It was full of eccentric phraseology; and when Bentham reminded him of a passage—“Ceux que sont solliciteurs pour être sollicitiés en retour penseront comme le soliciteur Blackstone,” he was vastly pleased. Bentham at this time renewed his acquaintance with the Duke de Liancourt and his son, who had been serving with the Duke of York in the Netherlands, and had all the habits of an Englishman. “He told me,” said Bentham, “that the duke was habitually drunk after dinner, and that the disasters of the army were solely owing to having him for a commander. So are millions of men sacrificed to gratify the pride of one!”

[* ] Sir Frederick became Director of this Company.

[† ] See the author’s remarks on this subject, above, p. 334.