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Subject Area: Political Theory
Subject Area: Law

Mr William Hutton * 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.

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.


Mr William Hutton*to Bentham.

“Birmingham, February 11, 1807.

“Dear Sir,—

You will pardon my delay in answering yours of the 28th ulto., when I inform you, that I was obliged, on the first of this month, to have a cancer cut out of my thigh, and this is the first day I have held up my head.

“I was pleased to see Sir S. Romilly’s name on the front of your letter; he was one of my counsel at the Riots,† and did his part well,—but more pleased at that of seeing Dr Parr within. I revere the man,—have long thought him one of the first of the age, but had no idea that I was known to him?

“I am extremely obliged to you for the favourable opinion you entertain of my productions: where is the man who can forbear taking pride to himself, when praised by the intelligent?

Religion and Law, both designed for the use of man, are, in themselves, two simple things; but by their expansion, trappings, illustrations, and emoluments, are become a burthen to society. Millions of money have been spent, millions of volumes written, and rivers of blood spilt, all which might have been saved by one short sentence,—‘Do as you would be done by.’—‘I cannot perform it,’ says the humble Christian.—‘Then come as near it as you can, and be quiet.’—The multiplicity of law is covered by two words, right and wrong. A moderate capacity, if it can come at truth, may determine any cause. Those laws must be a burden when a man, who is right, would rather suffer a loss than apply to them for redress. Several of my fellow-sufferers at the riots, had not so much awarded them, as covered their law expenses. My part only of the trial, cost me £884, 15s. 9d., which shows something was wrong.

“I conducted the Court of Conscience nineteen years, and always kept two points in view: to come at truth if possible, and then determine between right and wrong. I do not mean to say, I was always right,—truth cannot always be obtained. Nothing short of supernatural powers can determine 100,000 causes without a flaw,—more than that number passed through my hands. My greatest bane was, that I could never find a way to let both parties win. But I was well rewarded, in having a power by which I compromised thousands of quarrels between contending suitors, dismissing their causes without any expense to themselves, and sending away those people friends, who approached the bench as enemies,—this I considered a gratification.

“I wish you, my dear friend, every success. Should any questions occur, do not omit asking. My book, pen, and head are at your service: make what use you please of them. If any of the questions are not answered to your satisfaction, ask again.

“Should Madam Fortune, which is not likely, set me down in London, I shall most certainly carry a smile into your house. I was led there last April to ratify a purchase of £10,000. Had I received yours prior to that time, I should have had the pleasure of an interview.—I am, dear Sir,” &c., &c.

[* ] The “Franklin of Birmingham,” and local historian of Birmingham, Derby, &c.

[† ] Mr Hutton’s town-house and villa had been destroyed in the Birmingham riots of 1791.