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ADVERTISEMENT. - Jeremy Bentham, The Works of Jeremy Bentham, vol. 8 (Chrestomathia, Essays on Logic and Grammar, Tracts on Poor Laws, Tracts on Spanish Affairs) [1843]

Edition used:

The Works of Jeremy Bentham, published under the Superintendence of his Executor, John Bowring (Edinburgh: William Tait, 1838-1843). In 11 vols. Volume 8.

Part of: The Works of Jeremy Bentham, 11 vols.

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ADVERTISEMENT.

The history of the present publication is as follows:

At the writing of the ensuing Letter, in so far as a judgment, which it has more than once happened to me to hear pronounced, is correct,—the writer of it—the Conde de Toreno—one of the Deputies to the Spanish Cortes from the province of Asturias, of the 149 European Deputies the only one whose name is a titled name,—was one of the most influential men, not to say the most influential man, in all Spain.

On the 9th of August, 1821, without any antecedent intercourse, or previous expectation on my part, I had the honour of receiving it from him. It is in the following terms:—

Monsieur J. Bentham,
Monsieur,

Notre commun ami Mr Bowring veut bien se charger de vous faire passer le volume cijoint, qui comprend le projet du Code pénal présenté par le Comité à la deliberation de Cortes, qui doit avoir lieu l’hiver prochain. Vous y verrez des choses bonnes, d’autres fort mauvaises. N’allez pas pourtant vous effrayer, Monsieur, des articles qui parlent sur la religion: celà ne passera pas: le tems des persecutions en Espagne n’existe plus, et, malgré toutes les lois, il y a dans le fait une tolerance très grande. Je soumets, Monsieur, à vos lumières et à la profondeur de votre esprit, et de vos connaissances, ce projet. Ayez la complaisance de me faire passer vos observations, d’ici aux derniers jours de Septembre, que je dois retourner en Espagne: je vous en serai extrêmement redevable: j’en profiterai dans la discussion. A qui pourrais-je en effet mieux m’adresser, qu’au constant defenseur de l’humanité, et au profond écrivain de tant d’ouvrages célèbres sur la legislation?

Soyez sûr, Monsieur, du plaisir, et même du devoir, que je me ferai, d’écouter vos conseils dans cette matière, et de l’empressement que je mettrai toujours de vous offrir l’hommage de mon admiration, et de ma profonde considération.*

Le Comte de Toreno.

On the 22d of that same month (August, 1821,) and not before, I received the work which it announces.

On the 11th of September 1821, the Count being still at Paris, I sent off in manuscript, directed to him at that capital, by the post, the first of these seven Letters. The succeeding ones were directed either to him at Paris, to the care of the Spanish Mission there, or to him at Madrid. The day, on which the last of them was sent off, was the second of November, 1821.

The reader, as he proceeds, can scarce fail to be more or less curious, to have some conception of the result produced by it, on the part of the two distinguished statesmen principally concerned:—Comte Toreno, at whose instance, the observations were made and communicated; and Mr Calatrava, Chairman of the Legislation Committee of Cortes, composed of five members, by whose names the work which is the subject of them stands authenticated.

To this curiosity, such imperfect satisfaction, as is in my power, is here afforded. Its principal aliment will be—a second Letter, of the 26th September, 1821, from the same illustrious hand. The reader will naturally enough expect to find it in this place. But as, at that time, the three first of these Letters of mine were on Count Toreno’s table, any conception, which could be conveyed by that Letter of his to a person not acquainted with the contents of those same Letters to which his bears reference, would be altogether inadequate. For this reason,—this, together with all such further explanations as can be given, are referred to the conclusion of these Letters, and will be found under the head of Supplemental Advertisement. Suffice it in this place to mention, that, by that second letter of the Count’s, his consent to that intention of publication, which the reader will find declared by me, is signified.

Note.—In Letter I. (p. 491,) the reader will see certain positions, mentioned as designed to accompany the offer of an all-comprehensive and rationalized Code; and to serve as heads to so many sections in that address. In the list of these positions, though substantially they remain the same, considerable changes in respect of order and expression have presented themselves: and the tenor of the offer is intended to undergo a correspondent change. In the four first, no change is proposed to be made. But to the seven succeeding ones, the eight which here follow are now intended to be substituted.

5. The greatest happiness of the greatest number requires—that, for the function exercised by the drawing of the original draught of such a Code, the competitors admitted be as many as, without reward at the public expense, can be obtained: and so for that of proposing alterations in such draught as shall have been adopted. Plan for obtaining competitors.

6. The greatest happiness of the greatest number requires—that, for the drawing of any such draught, no reward at the public expense be given.

7. The greatest happiness of the greatest number requires—that, every draught so given in be, from beginning to end, if possible, the work of a single hand.

8. The greatest happiness of the greatest number requires—that, such original draught being the work of a single hand, it be known to be so.

9. The greatest happiness of the greatest number requires—that, such original draught, being the work of a single hand, it be known whose the hand is.

10. The greatest happiness of the greatest number requires—that, for the drawing of the original draught, all foreigners be admitted into the competition: and that in so far as applicable,—unless it be in all particulars taken together decidedly inferior, the draught of a foreigner be employed in preference.

11. On the part of an individual, proposing himself as draughtsman for the original draught of a Code of laws, willingness or unwillingness to interweave in his draught a rationale as above, is the most conclusive preliminary test, and that an indispensable one, of appropriate aptitude in relation to it.

12. On the part of a ruler, willingness or unwillingness to see established an all-comprehensive Code, with its rationale as above, is among the most conclusive tests of appropriate aptitude, in relation to such his situation.

[* ]Translation.

Paris, 6th August, 1821.

Mr J. Bentham, Sir,

Our common friend Mr Bowring has the goodness to undertake to forward to you the accompanying volume, containing the project of the Penal Code, presented by the Committee for the deliberation of the Cortes, at its next winter’s meeting. You will see in it some good things, others very bad. Do not however frighten yourself, Sir, about those articles which speak of religion: they will not pass: in Spain the time of persecutions is no longer in existence: and, spite of all laws, a very extensive toleration has place in fact. I submit this proposed Code, Sir, to the consideration of your enlightened mind. Do me the favour to convey to me your observations on it between this and the last days of September, at which time I shall be on my return to Spain. I shall be highly obliged by your so doing. I shall make my profit of them in the course of the discussion. An address of this sort—to whom could it be made with more propriety, than to the constant defender of the principles of humanity, to the profoundly thinking author of so many celebrated works on legislation?

Be assured, Sir, of the pleasure, and even of the sense of duty, with which I shall attend to your suggestions on this subject, and of the eagerness with which I shall embrace every occasion of offering to you the homage of my admiration and of my high consideration.

Le Comte de Toreno.