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Subject Area: Political Theory
Subject Area: Law

Edward Livingston to Bentham. - Jeremy Bentham, The Works of Jeremy Bentham, vol. 11 (Memoirs of Bentham Part II and Analytical Index) [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. 11.

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

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Edward Livingston to Bentham.

Sir,

I had intended to delay the request, that you would do me the favour to accept and peruse the Codes of Criminal Law which I am preparing for the State of Louisiana, until I could offer the whole system for your examination: but a delay has taken place of which you are the cause, in preparing the Code of Evidence; and my impatience to have a direct communication with you, has induced me, perhaps indiscreetly, to send you the parts of the system which have been printed, for consideration, together with the preliminary reports explanatory of their provisions. The Code of Evidence which is wanting to complete the system, was ready about two years since to be put to the press, when I heard of the publication of your ‘Rationale of Judicial Proof,’ [Evidence,] and I could not think of taking another step, until I had received all the lights I was sure this work would throw on the course I was pursuing. Notwithstanding my endeavours to procure a copy from England, I have, by some unaccountable fatality, been constantly disappointed, but have lately been fortunate enough to procure the only set I believe in the United States. I am now studying it closely, and already find more than enough to make me rejoice that I was not more precipitate in my publication. While at the same time I feel a pride in discovering that many of the provisions I had inserted, have received the sanction of your judgment.

“It is more than thirty years ago that, then representing this city in the House of Representation of the United States, I made an ineffectual attempt to mitigate the severity of our penal laws. The perusal of your works edited by Dumont, fortified me in a design to prosecute the subject, whenever a fit occasion should offer: it occurred about twenty years after, by my election to the Legislature of Louisiana, whither I had removed; and I used the confidence of that State, by offering them the system you will find in the accompanying package. It is now under the consideration of a Joint Committee of both Houses, and its fate will be decided in the course of the winter session. The favourable notice taken of the first report in England, and elsewhere in Europe, has had a considerable effect in predisposing the public mind to receive it.

“In laying before you this work, I offer you little that you have not a legitimate title to; for, hereafter no one can, in Criminal Jurisprudence, propose any favourable change that you have not recommended, or make any wise improvement, that your superior sagacity has not suggested.

“With the greatest veneration for your character, and the highest admiration of your useful labours, I am, Sir, your most obedient servant.”

Dumont, the most distinguished of Bentham’s disciples, preceded him, by a few years, to the grave. The announcement of this event was communicated to him by Dumont’s nephew:—