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Jeremy Bentham

The Collected Works of Jeremy Bentham: The Correspondence of Jeremy Bentham, Vol. 6: January 1798 to December 1801

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Editor’s NoteEditor’s Note1341To Reginald Pole Carew17 June 1798 (Aet 50)

Hendon 17 June 1798.

For some purposes it would certainly be necessary that I should be examined vivâ voce, though not for that purpose. Colquhoun's opinion would be more apposite than mine, and nothing can be more decided than the opinion he gives in his book that the value of a felon's labour ought naturally to be positive instead of negative2— so that it is only on the principle of Patent inventions that the bargain made with me and my Brother can be a defensible one—and the Committee make out this point by reference to notorious facts -—Value of Greek Roman Russian and W. Indian Slaves—English Apprentices—and Transported Convicts who cost Government nothing under the original transportation System.

The Accounts of the Philadelphia Prison as given in a pamphlet printed within this year or two3 would confirm this. I have it somewhere. The American Minister4 whoever he is, if invited by the pg 45Committee in proper form for the purpose of authenticating the publication would be flattered etc.

Convicts actual number / under sentence / transported and transportable 4924 Annual expence of that number on the Colony plan—the expence increasing ad infinitum and the Security against returns diminishing

precarious, and not under command— — —

£

s

d

221,308

:

13

:

s

d

D° on J.B.'s plan ceasing at his and S.B's death — —

75,511

:

3

:

4

D° on the Hulk plan probably somewhat less, but the amount precarious and more likely to encrease than decrease.—the system detestable in all other respects—

It is the cold water continually thrown by these cursed lawyers that helps to keep the Treasury languid and irresolute. What the Lawyers fear, and they fear is an Opposition—A horsewhip from the Committee will I hope inspire them with opposite fears. But it would be of great use, if they could be made to know, and before the time comes for an answer to an Order such as the inclosed5—that, from the Parishes, assistance rather than opposition is to be expected.

Mr Moser (Joseph Moser)6 the acting though unpaid Queens Square Police Magistrate who is in the habit of governing the Parishes, (though with a rod not of Iron but of Sugar) undertakes for this —Colquhoun brought him to me t'other day to say so. Moser has likewise promised to help me with the Chapter—in which he has connections. My bugbears (without knowing particulars) are Ld Salisbury7 and Ld Grosvenor8—but more the latter—Salisbury wanting to sell.

pg 46The opinion I observe is dated as early as 5 March:9 and all my importunities have not prevailed for my being apprised of its existence. My conversation with the Treasury Board10 supposed the nonexistence of it—it looks as if it had been ante-dated.

Mr. Long's Letter11 is Anglicé a shuffle, designed to keep Battersea Rise out of view. He speaks of the difficulties spoken of in the Report of the Lawyers (and which are confined to the last Tothill Fields Bill (the first that was rejected comprehending all wastes) as if they were the only difficulties that had occurred in the business.

Oh what a blessing, could I but be indulged with a reprieve till Wednesday!—But I must absolutely be examined—otherwise I lose all chance of compensation. I am altogether in the dark about the supposed last day of the sitting of the Committee.

I think I returned to you when I was last with you, the beautifully written paper containing the Return of the Convicts from the several Counties.12 If not, pray send me word, that I may hunt it out. I return all the other Papers.

Sunday night 17 June—98

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Notes

Editor’s Note
1341. 1 Pole Carew MSS CC/K/29. Autograph. No docket. Addressed: 'R. Pole Carew Esqre.' The letter to which this is a reply is missing.
Editor’s Note
2 Colquhoun argued that productive labour by convicts would save public money, and if the convicts were paid for it they would have an incentive to behave well, and be able to support their families and make restitution to their victims. (A Treatise on the Police of the Metropolis, 3rd edn., 1796, pp. 311–16).
Editor’s Note
3 An anonymous pamphlet A Visit to the Philadelphia Prison, etc., Philadelphia [1796?].
Editor’s Note
4 Rufus King (1755–1827), federalist statesman, minister to Great Britain 1796–1803. He was not invited by the Finance Committee to authenticate the pamphlet.
Editor’s Note
5 Missing.
Editor’s Note
6 Joseph Moser (1748–1819), artist, author, and magistrate for Westminster from about 1794 until his death. He was one of the commissioners for the sale of the land tax in Westminster and Colquhoun thought that he had some influence on local matters with Lord Belgrave, an opponent of the Tothill Fields scheme (see letter 1377). Bentham hoped that Moser would carry influence with the parishes of St. Margaret's and St. John's, which had certain rights of common in Tothill Fields, and with the Dean and chapter of Westminster, who were the owners of the land.
Editor’s Note
7 James Cecil, 7th Earl and 1st Marquis of Salisbury (1748–1823), whose estate at Millbank included some of the land needed by Bentham. Salisbury sold his interest in the land in October 1799.
Editor’s Note
8 Richard Grosvenor, 1st Earl Grosvenor (1731–1802), the horse-breeder. His house was only a quarter of a mile from Tothill Fields, and his large estates in Westminster gave him an interest in local developments, and possible influence over the other parties with whom Bentham had to negotiate. Bentham had been aware of his opposition to the Tothill Fields scheme since late 1796 (see letter 1209).
Editor’s Note
9 The opinion of the Attorney- and Solicitor-General on the Tothill Fields Penitentiary Bill (see letter 1308 n. 2). It had been sent by Charles Long to Abbot on 15 June (BL VI. 592–3), and Abbot had evidently forwarded it to Bentham.
Editor’s Note
10 On 1 May (see letter 1323 n. 2).
Editor’s Note
11 The letter to Abbot of 15 June, referred to in n. 9.
Editor’s Note
12 'Return of the several convicts now under sentence of Transportation and remaining in Great Britain; specifying their several places of Confinement, and the Number of each Sex at each Place, as far as Returns have been made, in pursuance of the Duke of Portland's circular Letter for that purpose' (Twenty-eighth Report, appendix M).
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