Bentley, William, 1759-1819. Papers of William Bentley, 1783-1815: an inventory. Letter from James Winthrop to William Bentley, 1784 April 11. HUG 1203.5 Box 1, Harvard University Archives.

Cambridge 11 April 1784

{Reverend} Sir,

If I have from one reading rightly apprehended the case of Capt. H. the Vessell was legally condemned by a French Court. Is it not then cruel & unjust to deprive a person of his property for conforming to the laws of the Country where he happens to be. It will be said, who is to indemnify the first owners for their loss of the right of redemption. The answer is clear -- Nobody. It will stand in equity upon the same footing in consequence of the French condemnation, as if it had been condemned here upon the same principles. I think the same principle is adopted in the last ordinance of Congress on this subject. -- Suppose another case. Suppose a man to go from this State to Connecticut & to leave his wife behind him; that according to the law of this State it is necessary for the husband to be seven years abroad in order to dissolve the marriage; but that after residing one year in Connecticut & summoning his wife, to come & live with him, he shall upon her refusal or neglect obtain a divorce; suppose further that the man marries a second wife in Connecticut after his divorce; such marriage will undoubtedly be legal in Connecticut. Would it not in this case be cruel as well as unjust to punish the man on his return to this State for having two wives. The trick was very common before the war. The principle on which it was justified defended was that what was legally done in one place was justifiable by the decree of that Judicature every where else the same principle it appears to me will apply in this case. If the Vessell was disposed of according to a legal

{James} Winthrop {Esquire} April 11, 1784.

3.

Nothwithwithstanding Blackstone's opinion that an action cannot be brought by the relations of the deceased; Such a law, it seems to me, would be in behalf of humanity. The respect which is shown to the dead has a tendency to encourage family affection; & therefore a law to prevent abuses to the dead, by making the corpse the property of the next of kin, would answer a good purpose. Perhaps it would be well to make dissection a part of the punishment in captal cases.

The information respecting Scotland & the Universities there is curious & very useful, as well as entertaining. I do not wish that in assuming the stite of University we should ever sink so low as that of Edinburgh in governmental concerns. At present we are in tolerable order. I think your application of Pennant's account of graddan'd corn to the Scripture history is ingenious, & calculated to illustrate ancient manners.

A three years' election took place last Monday for the Office of Librarian Yours Next Tuesday the [dains?] to succeed a {Reverend} Doctor will probably be determined. I cannot help feeling a little anxious. There is no other seat among them would be worth contending for. I hope it will go right. You will easily conceive what right means in this case.

Yours Sincerely, James Winthrop

{Reverend} {William} Bentley

This week I must go to Concord. Next week to Groton. The third week shall be glad To wait on you here.