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Subject Area: Political Theory
Subject Area: Law

Mr Whishaw 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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Mr Whishaw to Bentham.

“One of the reversals in 1806 was the order of Lord Eldon, by which he confirmed Master Ord’s report, appointing Lord Henry Seymour and Lord Easton, guardians of Miss Seymour, the amiable infant in whose welfare the Prince of Wales took so lively an interest. The attendance in the House of Lords on this occasion was greater than was ever known—greater even than upon the discussion, some years ago, relative to the first day of partridge-shooting. It deserves also to be recollected, in discussing the judicial merits of this great tribunal, that the reversal in question, the acquittal of Lord Melville, and the overruling of their own decision on the case of Judge Fox—all of them took place in the course of a few weeks.

“Of the other reversals in 1806 and 1807, I have no recollection, but I do not apprehend they were in appeals from the Court of Chancery,—such reversals being so rare, that one would hardly have failed to hear of them.

“The reversals in 1797 and 1798 were, I am pretty sure, upon appeals from the Exchequer—one of them relating to an issue in a tithe cause, the other in a cause of Jones v. Martin, concerning which, see 3, Anstruther, 882, and 5, Vesey, junior, 266, note.”

A letter from Romilly (January 24) has this passage:—

“I overheard Lord Grenville yesterday speaking in praise of your projected Court of Appeal, which, he said, he thought very ingenious: he asked Erskine if you had sent it him, as, it seems, from his answer, that you have not; I think you certainly should send it him.”

In answer to a letter of Bentham, (of which I find no copy,) addressed to Romilly, requesting him to lay before the House of Commons a proposal, on the part of Bentham, to prepare gratuitously a Code of Law for Scotland—Romilly writes:—