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Subject Area: Political Theory
Subject Area: Law

José del Valle to Bentham. (Translation.) - 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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José del Valle to Bentham.

(Translation.)

“Guatemala,April 18, 1827.

“The mouth of March just passed was one of delightful satisfaction to me. In it I received your letter and your books. They well filled my heart with joy. I recognise the affection which dictated the one, and the kindness which remitted the others.

“In my library your works will hold the distinguished station to which the sage instructor of the legislators of the world is entitled. By their influence, I trust a happy revolution will be brought about among all the nations of the earth. You have reared the science upon a fruitful principle—that of universal utility—giving lessons of addition and substraction—of legislative arithmetic—teaching the calculations of good and evil—to group—to deduct—to obtain balances of pain and pleasure—and to form law with a view to the greatest felicity. And having revolutionized the science of legislation, you will revolutionize legislative codes—so that nations will have laws—not the opprobrium, but the honour of reason—laws not the misfortune, but the happiness of man.

“For many a year I have felt that one of the greatest wants of America, of Guatemala, a beautiful portion of America, was the suppression of the Codes of Spain, and the introduction of others, worthy of the instruction of the age, provided by the sages who have perfected the jurisprudential science. Before our just independence, proclaimed the 15th September, 1821, I published various discourses expressing my desire that a code less defective than that of Castela should be prepared, and announcing (even before I had seen your writings) that the greatest good of the greatest number was the only true principle of legislation. When the Spanish Constitution was reëstablished in 1820, and deputies were elected to the Cortes of Spain, I was the first Alcalde of this Ayuntamiento, and wrote the instructions for our representation; and one of the points on which I most strongly insisted, was the necessity of a Legislative Code to remedy the undenied grievances we were suffering from the existing laws. And after our independence, I again returned to the subject. I wrote and published in January, 1822, a discourse, in which I examined, one after another, the Spanish Codes in authority here, showing their manifold defects. When, in 1824, I was a member of the Supreme Executive Power, I called the attention of the National Assembly to an object so worthy of it, and to exhibit more the view of our judicial legislation, I made a statement of the number of writings or representations, acts and decrees, notifications and terms necessary for the decision of a civil action, according to our unhappy system. Afterwards I was named, in 1825, by the Assembly of this State, Member of the Commission for the formation of a Civil Code. I looked then to you, Señor Bentham, who have been the oracle of those who, in other countries, have had similar functions. You sent me some of your works. They will be the guide of my labours.”

Del Valle then gives a list of 14 pamphlets connected with the politics and history of Guatemala which he sends. He thus concludes:—

“The Paris Society for Elementary Instruction have made me a Corresponding Member—a title more precious in my eye than any which pride or vanity could create. I have written a Memoir on the Indian races, calling their attention to this unhappy portion of mankind.

“To you I shall write by any safe channel. The wise are to me the most illustrious of beings. Merchants may correspond about metallic interests, but the interests of knowledge are far more important.”

I find, under date of 23d June, 1827, these remarks on Kent’s Comments on American Law:—

“A very superficial glance suffices to render it unquestionable, that, to the stock of uncertainties inherent in the whole body of English-bred laws, the United States lawyers have already added an immense stock of their own manufacture; and so far from diminishing, it appears to be the learned author’s favourite wish and endeavour, to give whatsoever increase may be in his power to the beloved attribute.

“After stating, with approbation, the establishment of the distinction between Common Law and Equity, the author goes on to say,—‘Under the benign influence of an expanded commerce, of enlightened justice, of republican principles, and of sound philosophy, the Common Law has become a code of matured ethics and enlarged civil wisdom, admirably adapted to promote and secure the freedom and happiness of social life.’

“Next page, 322, comes a rhetorical eulogy from Du Ponceau on Jurisdiction.

“A result, eminently desirable, seems to be, that from the ends of professional practice, and pre-paid judicature, talents such as, in so high a degree, Mr Kent possesses, should be transferred to the ends of justice; and that accordingly, whatsoever means, conducive to that end, should, if need be, by public authority, at the expense of the public, be employed in engaging him so to do.

“For these same ends of justice, it would give me unfeigned pleasure to be able to see, in this work of his, any the smallest spark of regard.”