“Your favour of yesterday’s date having just come to hand, I take the earliest opportunity of stating something, which possibly may not yet be too late for a brief mention in the last sheet of your next Español.
“In the account of the proceedings of the Cortes, on the 27th September last, I see mention made of the appointment of a committee of eight, for drawing up a law relative to the Liberty of the Press. At the request of a common friend of ours, so it happens, that I have of late been occupied—I am ashamed to say for what length of time—in drawing up a Code upon that subject, including what to me seemed the necessary explanations. Though the principles were fully settled, the text was not quite finished when he left this country; but as much was finished and put into his hands, as there could be any practical use for, for some time to come.
“He had been several times attacking me on that subject. My answer was, that the accomplishment of it was precisely the most difficult of all problems discoverable in the field of legislation; and amongst other reasons for this, that the whole field of legislation is comprised in it: that, in a word, in my view of the matter, everything else within that field was child’s play in comparison of it. Such was the difficulty I expected to find, and such was the difficulty I actually found: accordingly, without its being yet quite finished, about two months of my time were completely occupied by my attempt. You know, without my telling you, the latitude for which my draught was calculated; but a very trifling alteration would, I believe, suffice for rendering it as fit for the purpose now in question, as for that for which it was designed.
“It would not be without emotion, and possibly for a moment, not altogether without regret, that ourfriend would view, one of these days, so early a mention of a work which he had in some measure been entitled to consider as his own; but if things go on well where he is gone, he would have given it its chance there before your next Español can probably have reached his hands; and whatsoever, if any, may be the value of it, I have too high a sense of his liberality to suppose him capable of considering it a proper subject for engrossment.
“My arrival in town is fixed for Monday next; after which, I flatter myself with the hope of an early opportunity of paying my personal respects to you, at a sociable time of the day, at the place to which your letter was directed.”
On sending back to Bentham his remarks on “forthcomingness,” or the proper means to be taken for the compulsory attendance of parties and witnesses, and the elicitation of evidence, Dumont thus writes:—
“I return you this tissue of abomination—employ me to reëstablish torture—anonymous accusations—religious excommunications! force a man into the company of executioners—tyrants—inquisitors,—how can anybody publish such horrors? I wash my hands of them. I have put it all into barbarous French. The academy will only condemn me: but you will be burnt alive, at the first philosophical and legal auto da fé.
“I am forthcoming on a simple invitation, without any compulsory application of a physical or a religious nature: Friday, or Saturday, or Monday, at choice,—but not later, for I decamp on Tuesday or Wednesday for Ashdon.
“After such a succession of horrors, I am hardened, and you may d— me out and out by some diabolical service—exclusion of evidence, for instance. There will be sulphur enough to consume Lincoln’s Inn and the Temple. Farewell, monster!
“P.S. Dumont’s criminal style, wanted to imitate the Monitorial formulary, to be issued without delay.”
See Procedure Code, commencement of vol. ii.
Titles (by Subject) 