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Subject Area: Political Theory
Subject Area: Law

Bentham to Richard Rush. - 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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Bentham to Richard Rush.

“On the subject of political libels, what I understood from Mr Quincy Adams, if I misrecollect not, was—that originally there was not any such thing in any of the United States, as an indictment for any such cause—civil action for the injury to the individual, nothing more: but that, at the recommendation of John Adams, (Quincy’s father,) when President, an Act of Congress was enacted, making a political libel punishable by indictment in certain cases. That in virtue of this Act, Onis, then Envoy from the King of Spain to the United States, indicted somebody for a libel, either on him (Onis) as Minister from that King, or on the Spanish Government at large. (Marshal, was it?) I forget his name—whose daughter Onis had married, being the Chief Justice before whom the prosecution was tried. The verdict was—Not Guilty. After this President Adams lost a great deal of his popularity; and to the part he had taken in the occasion of that libel law, was the loss regarded as having been in agreat degree referrible. Quincy Adams was kind enough to give me in writing, several articles of information of which I stood in need; but I had neglected to beg leave to add this to the number.

“Taking for granted that which is above, is, as faras it goes, correct, (which, however, is more than I can be sure of,) to render it complete, the following are the particulars I stand in need of:—

“1.Reference to the law whatever it is, by which prosecution by indictment, in cases of political libel, was authorized.

“2. Reference to the law, whatever it is, by which the above-mentioned Act was repealed, or, at any rate, in some way or other, the effect of it done away.

“3. Does any indictment lie for a blasphemous libel? I should suppose not: Paine’s Age of Reason having always been circulated, I am told, with undisturbed liberty in all the States.

“Perhaps, from your own collection or some one else’s, you could favour me with the sight of the laws that bear upon the subject: within a week you might depend upon their being returned. This is a subject I have perpetual need to make reference to; and when laws exist, mention of the supposed purport or effect, without reference to the tenor of them, never can be adequately satisfactory.”