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Subject Area: Law

Major Cartwright 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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Major Cartwright to Bentham.

My dear Friend,

The letter of Sir Francis Burdett is above all praise. I rejoice that Westminster is so prompt in meeting on this great occasion. She, I trust, will set an example worthy of the whole kingdom. But the occasion demands that even the bloody atrocity at Manchester, while written in words of fire that shall cause the hearts of Englishmen to burn within them, ought still to be treated as a mere illustration of the necessity of restoring the constitution, civil and military; for hath not that atrocity been a direct consequence of the actual subversion of that constitution?

“If this moment be rightly improved, a great light shall burst forth, and our country shall be saved. The baronet’s letter, in unison with the general feeling, will have prepared the public mind for a welcome reception of constitutional truth. But the crisis requires the pen, not only of patriot virtue, but of enlightened statesmanship and of profound philosophy. Let England and mankind have the benefit of yours!

“Most sincerely do I now wish, that the task of preparing two bills, for restoring the constitution in both its branches, had been undertaken by some one more competent to the work, than the volunteer whose zeal in the cause prompted the attempt. It would, at this crisis, have been an incalculable advantage, had the undertaker of the work stood on the loftiest height of reputation for talent and learning, that so the nation might willingly have followed the banner of such a leader to their salvation.

“But as Providence sometimes works by inferior agents, and, as on the present occasion, where not invention, but restoration,—where not original planning by a legislative architect, but repairing by a pupil, (provided fidelity to the original were but secured,) was all that was immediately indispensable, nothing more as to the work itself was perhaps wanting; although a great name might have commanded the aid that is necessary for a full accomplishment of the ultimate design and object in view.

“But if great names shall now sanction the work, such as it is; if those whose approbation can stamp on it the necessary value for currency, shall confer on it that value; all may yet be well.

“The late Lord Liverpool remarked, that ‘Our Saxon ancestors, as much as they are ridiculed for their ignorance and barbarity, were possessed of one piece of knowledge, superior in real use to many modern refinements,—I mean that of wisely constituting civil societies: their military establishments were, however, the distinguishing parts of their Government.’

“The two bills alluded to, would, as I presume, completely restore the plain Saxon fabric of our freedom: which done; then, taught by our experience the fatal consequence of wanting a written delineation of our constitution, with a correspondent code of ascertained and unpervertiblelaw, these might, and I presume they would, be early supplied.

“I send for your perusal a letter to E. B. Wilbraham, towards the end of which you will see what is said of one of the two bills above spoken of, as a rallying standard to the Reformers. As such, that bill was expressly pointed out at Birmingham; and the extensive and still increasing call for its principles and provisions, seem to manifest the policy of holding it up as such a standard.

“I would to God it had been, as it might have been, the bill of him for whom it was originally framed, and lay for more than a year for his adoption! or I would it had been that of a still higher authority in the science of legislation, and who has, in fact, given its principles a foundation of adamant!

“But what might have been most desirable is not now the question; but what, with the materials in our hands, is practicable? If the existing bill, for restoring the civil branch of the constitution, be but competent to the end in view, is it not the best policy of the crisis to hold it up as a rallying standard?

“It has been well observed, that resolutions expressive of mere opinions, are at the best unembodied abstractions, not calculated to take such hold of the human mind, as practicable systems of conduct for public salvation; since the one leads only to thought, the other to profitable action.

“And if the bill for restoring the military branch of the constitution, which is ready in manuscript, would perfect the foundation of our freedom, is not the crisis peculiarly favourable for a call to introduce it?

“I am well aware of the narrow views too often taken of extraordinary events, and of the cobbling expedients usually adopted by uncomprehensive minds; but I hope that the work of master spirits only, will be visible on this occasion in Westminster.

“The first meeting on this business, in the Strand on the 21st of this instant, was a mere hasty preliminary—a mere incitement. It was without any prospect of a patronage calculated to render it a national example.

“The whole country, after Sir Francis Burdett’s letter, will look to Westminster for a right line of conduct. Let it be such as an occasion of such infinite importance demands, for calling forth energies to save the state! Let the bravest hearts and ablest heads be brought together without delay!

“If aught in nature would afford evidence that nothing short of radical reform can produce a power able to avert from our country complete slavery, we have, and in abundance, that evidence.

“And, in that evidence, we have the proof, that radical reform is in strict accordance with the eternal law of Nature, which is the law of the Deity for individual and national self-preservation; and that it is the only complete guarantee of internal right, justice, order, and tranquillity; as it likewise is, for a perfect invulnerability from external hostility or annoyance.—Yours truly.”