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Subject Area: Political Theory
Subject Area: Law

James Mill 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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James Mill to Bentham.

“By what I learned from Sharpe on Wednesday, at Ricardo’s, I look upon a Whig Ministry as certain. Marquis Wellesley having found it impossible to form an Administration, resigned the task, when it was transferred to Lord Moira; and on Wednesday, at five o’clock, Lords Grey, Grenville, and Wellesley, met at Lord Moira’s. Since that time, I know nothing, except that there was no account of this in the papers yesterday.† But the certainty of the fact, that Lord Moira is the former, makes an equal certainty, I think, of the Whigs being the material with which the formation will be accomplished,—Wellesley and Canning to be included. This being the case, I cannot imagine but that your proposal about Panopticon—namely, along with their penitentiary house—will be immediately assented to; at least, after the reasons which you can so easily give them. In truth, I suspect Panopticon will bar the way to Devonshire as a residence; and should the Whigs come in, as supposed, I suspect you will hardly feel easy at the idea of being away, till you know what is to be done with you. It is a maxim in politics, says De Retz, ‘que l’absent a toujours tort.’ ”

In conjunction with Mill, Bentham put forward various suggestions for the application of a Jury system to British India, with their rationale:—

“1. To make the choice of jurors extend, as far as possible, not merely to half-castes of legitimate birth, but to half-castes of every kind.

“2. Urge the reasons for admitting natives of all descriptions. Whatever reasons are good for admitting half-castes, are good for admitting others, if no reason springing out of what peculiarly belongs to the other castes can be shown to exist.

“3. Beginning with the half-castes discredits the institution in the eyes of the higher castes of natives.

“4. The natives of all castes mix without difficulty, as sepoys in the ranks of our army.”

Bentham’s intimacy with Miranda has been already mentioned, (p. 458.) Miranda was accustomed to look to him as one of the mainstays of South American liberty. He announced his appointment to the command of the Venezuelar forces, from

“Head Quarters,
Maracay, 2d June, 1812.

“My dear Sir,—

I hope the day is not far distant, when I shall see the liberty and happiness of this country established upon a solid and permanent footing. The appointment I have just received, of Generalissimo of the Confederation of Venezuela, with full powers to treat with foreign nations, &c., will perhaps facilitate the means of promoting the object I have for so many years had in view.

“Miranda.”

On Lord Sidmouth’s coming to office, Bentham had an interview with him, which was exceedingly satisfactory. Lord Sidmouth expressed to him a desire to be favoured with his suggestions for the reform of the Law.

In consequence of that conversation, Bentham proposed that he should be encouraged to prepare a Penal Code for this country—offering to undertake it without any pecuniary recompense whatever. The offer was this:—

[† ] It is well known that this negotiation proved abortive, from the stipulation of Lords Grey and Grenville, that the official changes should extend to the Royal household.