13 Feb y 1807

Inserendum[?]?

To III Facienda

Letter IV

Montesquieu

My Lord finding myself engaged /led on by degrees/ to grapple with the technical system /I find myself [...?] as Counsel for the Natural system/, body for body, (and though as it were in a parenthesis.) Having already had occasion to glance at the defendants strong hold, Montesquieu's shallow and dishonest [...?] and seeing it to continue, wretched /flimsy/ as it is all that ever has been and, or / and or ever/ can be said on behalf of that portion of the mass of injustice to which it was designed to give protection, I know not how, painful /unpleasant/ as the object is to me, to pass it by untouched. I take it up the rather in hopes that Mr Hutchinson and his Right Honourable collaborator, seeing it for once at least in its true light, and being thoroughly /heartily/ ashamed of it, may abandon it as untenable, and in their next edition expunge it, from a work, in every other respect /point of view/ so truly /highly/ valuable.

"Vexation, expense, delay dangers[?] even of justice" (danger of misdecision) "the price each citizen pays /gives/ for his liberty: and this, for the declared purpose of satisfying us that so far from being too much of it, there is often /oftentimes/ not enough!" "formalities do to Justice - vary in [...?] sourent[?] trop peu[?]." (Liberty; the commodity, vexation and so forth the price; the more vexation, the more or the better liberty. If this be good as applied to justice , try it upon bread. The more you give for a thing "The value of a thing , is just as much as it will bring" Good in irony; but in sober sadness! Good in [...?]: but in a book of law, a Guide to legislators! Good when /if it be/ applied to justice, try it upon bread. Here is a loaf for you, hot out of the oven, the price of it is a penny: come a month hence for it, and pay me 2 d for it, you will find it then worth 2 d.

What [...?] would dare talk as? but what is there that a lawyer is ashamed to write. Suppose a [...?] to talk and deal thus would any man alone[?] ever[?] go to his shop, that could get bread any where else? The supposition is almost too silly to be endurred, even for the moment, and in the way of argument.

Esp. des Lois Liv. VI Ch.2. Vol 2. p. 120.

View the thing in point of view there is too much of it: view it in another point of view, there is not enough of it: and so there is too much of it, not enough or exactly the proper quantity just as you please.

This is Montesquieu all over. Food for debate: tries[?] at some make a figure with: something - thing for every body: support for every thing. This is what recommends Montesquieu. This is what in France is looked for by every body, and by lawyers every where. Truth supported by Reason binds a man in chains, and is a bugbear every where. But, to return to Montesquieu.