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Subject Area: Political Theory
Subject Area: Law

Francis W. Gilmer 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.


Francis W. Gilmer to Bentham.

“Richmond,(Virginia,)
March 22d, 1818.

“Mr Bentham,—

Let me entreat you not to abandon your design, nor to render useless the labour of so many years. The people of America read, with respectful attention, everything curious or original from England: a taste for the antiquities of your literature is every day growing. Even the Scotch metaphysicians are not without their admirers and disciples. The work which you propose, could not fail to have a sure, but, perhaps, slow effect on the ever increasing and expanding intellect of our country. Would it not be a more glorious distinction for a philosopher, from his closet in London, to control the principles of legislation and jurisprudence on the banks of the Missouri, or the shores of the Chesapeake, than to leave his researches to the casual, capricious, and ineffectual patronage of an executive officer? New territories and states are every year forming in America. They imbibe, in their origin, the principles most approved at the crisis of the formation. You have already converted some of them from their heresies in money-lending—why not in other departments of legislation? It is known to you, that in the United States, not the theoretic and political sovereignty only, but the active and virtual sovereignty is in the people. Reform, then, must begin in turning the stream of popular opinion, as in Russia it must commence with the emperor, and in England with the Parliament.

“Suffer, then, a young man, a lawyer, but still the disciple, as he is the countryman of Washington, of Franklin, and of Jefferson, to entreat you to persevere. For any books or details relative to our institutions, command my services. I will join the banner you have raised, not with the timidity of one afraid of losing an ill-gained popularity,—not as one who looks upon office or power, even in this country, as conferring the most splendid distinctions, but as one who knows that no glory is durable which is not laid on deeper foundations than the frivolous,—the fluctuating,—the transient opinions of mankind. At the same time, prudence requires that we should not rashly defy long-established prejudices. Let us not be ostentations of our spirit of innovation: rather let your genius and philosophy sink in England, that they may emerge like the Alpheus in a clear and tranquil Arethusa in America,—not the roar of the torrent, but the laurels which crown its banks will be your reward.”

A resolution was passed on the 23d March, 1818, by a public meeting of Westminster householders, in these words:—

“Resolved—That the thanks of this meeting are given to that profound reasoner, and preëminent writer on Legislation, Jeremy Bentham, Esq., for the philosophical and unanswerable vindication in his Catechism on Parliamentary Reform, of the right of all the commons of this realm, equally to share, and annually to exercise, the franchise of choosing members to serve in Parliament; as well as their farther right to a sure protection, by the application of the ballot, against injury or oppression, for having freely exercised that sacred franchise.”

“St James’s Street.

“Dear Sir,—

We, the undersigned, having been desired to communicate to you the vote of thanks of your fellow-citizens, in general meeting legally assembled, of which the foregoing is a copy, have done ourselves the honour to wait on you with the same; and sincerely wishing you a continuance of life, with health to prosecute your invaluable labours for the benefit of our country and mankind, by inculcating true principles of free government, legislation, and jurisprudence; we subscribe ourselves, dear Sir, your friends and brethren, in the love of truth, freedom, and justice,

“John Cartwright.

“Peter Walker.”

The communication was thus answered by Bentham:—

“Q. S. P., 25th March, 1818.

“Gentlemen,—

Allow me thus to repair my misfortune in not being at home, when you favoured me with your call.

“When penning the little work in question, little did I expect to receive any such reward, as that which has been thus communicated to me, and which has been so highly enhanced by the venerable character of the hands through which it has been transmitted.

“The honour thus conferred on me, is of that sort—the value of which will be still increasing, when those which are conferred by a single hand, for obsequiousness to a single will, will be as the glory of King Solomon in a puppet-show.

“Believe me to be, with all respect and gratitude, Gentlemen, your sincere friend and servant.

“To John Cartwright, Esq., and Peter Walker, Esq.”

Dumont writes to Bentham, 13th April 1818:—

(Translation.)

“I have been reading the gentillesses of the Quarterly: but I hope you do not read such sottisses, worthy of Père Duchêsne. The author has not even the wit to be mischievous, which is easy enough.”