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Reports that '[t]he medallion of Sir Henry Maine has now been placed in the Abbey', and that since 'the fee required of the Abbey [ ] has unexpectedly been lowered below the amount originally mentioned', they now have a balance in hand of about £80. Asks his opinion on 'the proper disposal of this surplus money', Sidgwick having taken 'an active part in collecting subscriptions at Cambridge for the Memorial'. Mentions the putting up of a tablet or some other commemorative monument at Cambridge, 'in Trinity Hall or elsewhere', and expresses his willingness to lay Sidgwick's suggestions before Lord Cross and the Committee. Suggests that he might like to consult others 'who may be interested in the matter', but emphasises that here he is not writing under his authority.

Explains that his wife has had a headache all day, and would otherwise have written to Nora. States on her behalf that she fears that she cannot accept Nora' kind invitation for the following Saturday. Explains that they are to dine out on the Friday, and that 'she can almost never manage a dinner-party in two days running'. Offers to come without her, if Nora will accept him.

Should have thanked Nora before for the proofs of The Development of European Polity. Does not find that Henry Sidgwick expresses any disagreement with him in the chapters that he has read. Agrees 'pretty completely with him' and is glad to find certain opinions which he had formed about Hobbes 'confirmed and cleared.' Refers to a 'slip' on page 387, involving a reference to [Maine] and Rousseau. Asks Nora to let him know if she wishes to have the proofs returned to her.

Refers to the Maines, and the fact that he had not yet asked them. States that he prefers to observe his general rule of not obtruding the Society for Psychical Research on his friends. Asks Myers to tell Mrs Tennant [Gertrude Tennant, Myers' mother in law?] that he cannot accept her kind invitation, as he has an engagement on Thursday evening.

Believes that their points of view are so different that he doubts whether anything he could say would have any effect. Expresses his view by quoting Sir Henry Maine's Popular Government, beginning with a statement with regard to the two systems in existence by which material '"of human subsistence and comfort"' are produced. One is economic and industrial competition, and the other '"consists in the daily task...enforced by the prison and the scourge."' Maine maintained that one system had to be adopted in order that society not '"pass through penury to starvation."'

States that his remarks mainly apply to Sidgwick's two chapters on Distributive Justice and Economic Distribution. In relation to Distributive Justice, he 'cannot conceive any possible system which can promote it to an equal degree with that of "the free exchange of services" - with all its inevitable shortcomings.' Believes it to be unlikely that anyone would propose that Governments should be burdened with the task of dispensing distributive justice, on top of their other duties. Refers to an argument on page 514 of Sidgwick's work, in relation to the question of interest on capital. Refers also to the second chapter [Economic Distribution], on which, he claims, discussion is easier, because all questions of assumed rights and justice are discarded. Claims to found his view 'solely on grounds of expediency - i.e., the promotion of the well-being of society as a whole.' Disputes Sidgwick's statement that under the current system of partial economic competition, there is a growing inequality in the incomes of men. Refers to statistics compiled by [ ] and Atkinson, which demonstrate that in Great Britain and the United States 'there is constant progress towards greater equality.' This fact Mallet believes to be neither important nor desirable.

Proceeds to discuss the 'main question' treated in that chapter. Remarks on the absence of the 'international point of view, which was the central consideration of the Free Trade School' in the speculations of the 'present generation of economists.' Refers to the question of the nationalisation of the land, which, he claims, from a free trade point of view, 'cannot even be discussed'. Refers to the opinions of Mill and Maine on this question. On Sidgwick's speculation about capital, he remarks that if there were no field for private capital at home, [ ] would send it abroad.' Questions the likelihood of the success of 'any possible experiment in the direction of State conducted industiral and commercial enterprise'. Doubts that any government in a free country could devise any system of reward and penalties which would enable it to work. States that based on his experience of [Government Departments] he believes that nine out of ten men work in such a way that they do not contibute their fair share to society, and doubts whether the majority even do a day's full work.' Does not believe in government superintendence, nor in the efficiency of the Post Office or the Telegraph services. Thinks that if the latter two should be '[formed] on the principle of Competition for the field', the population would be 'better and cheaper served.' In his opinion there is no system except that of free exchange 'by which the equilibrium of supply and demand can be preserved without [ ].' Returns to the theme of the absence of the international view in the thinking of the current generation of economists 'beginning with Mill.' Refers to Sidgwick's remarks on this subject, which were contained in his paper that was discussed at the Political Econ[omy] Club a few days previously. Claims that the inevitable result of state subsidies would be national isolation. States that if the principle of free trade between nations is adopted, the disadvantages of such a move must also be accepted.

Printed in London by Spottiswoode & Shaw, New Street Square.

Explains that he had postponed writing to Sidgwick until he returned to the India Office in order 'to be able to review the state of official business', and that he had come to London the previous day. Refers to the fact that between his election to 'the [Whewell] Professorship and the present time', he had not resigned his membership of the India Council, and had 'prepared and delivered a course of lectures on International Law.' Explains that his intention was 'to prevent any inconvenience to the Secretary of State.' Announces that the India Office now require his further assistance or services, and that there is one piece of business involving the proposed reorganisation of the Public Service in India, his withdrawal from which 'might certainly embarrass the Secretary of State seriously.' Refers to the government of India, and to the 'educated Natives' of the country, who take an interest in politics, and more specifically, 'in the system by which public employment is distributed.' States that he was involved in the formation of a powerful Commission to investigate the subject, and that he has had much correspondence unofficially with some of the Commissioners 'and latterly with Lord [Dufferin].' Explains that the Commissioners are now preparing their report, which will shortly be before the India Office.

Asks Sidgwick his opinion on the wisdom of he [Maine] asking Sidgwick to mention to those involved [in appointing Maine to the Professorship] that he proposed to retain his seat in Council, until the above questions are disposed of. Owns to be taken aback by the opinions which Sidgwick has reported to him. Announces that he returns to Cambridge that night, and that before leaving he wrote to the Master of Trinity [Henry Montagu Butler], explaining to him why he had not as yet acted further on his advice.

Thanks Sidgwick for his letter. Reports that since they saw each other at Cambridge he has been reading the statutes of the [Whewell] International Law Professorship, and he believes that 'the founder of the Professorship contemplated the Professor being [ ] engaged in non-academical pursuits.' States however that his intentions regarding the India Office 'are independent of any question raised by Dr Whewell's will.' Believes that it would be 'extremely wrong' that any public servant should hold a seat on the Indian Council as well as two academic offices, viz., the Mastership of Trinity Hall and the International Professorship, and states that if he were to be appointed to the latter, he would resign from the Indian Council as soon as he could. His perception of the situation is that the electors, having surveyed the field of candidates, came to the conclusion that there was no one to be preferred to Maine, he would be invited to apply for the position. Suggests that it would be enough if he authorised Sidgwick to declare him a candidate; assures him that he is 'not for a moment suggesting that' Sidgwick vote for him. Asks him to let him know the result by telegraph when the election is over.

Refers to having asked Sidgwick 'the other day' about the possibility of discussing a matter concerning himself [Maine], and declares that he has decided to write to him on the subject. Explains that at the funeral of the late Master of Trinity College [William Hepworth Thompson] he asked Vernon Harcourt whether he was going to lecture that term, and that Harcourt replied that 'he should very probably lecture in November; but that, if he did not, he should certainly resign.' November, he observes, is now over and Harcourt has not returned, so that he doubts 'but that he will resign at the end of the year.' He has decided to attempt to succeed Harcourt [as Whewell Professor of International Law], and to abandon his seat on the Indian Council. Acknowledges that this course of action 'will involve much sacrifice of income', but he has long felt that sooner or later he must make his choice between his Cambridge and his [ ] duties. With regard to International Law, claims that he has paid a good deal of attention to it, and used to lecture on it at the Middle Temple. Refers to his work on Ancient Law, and states that some propositions of his on the subject 'found their way into [his work] and have been generally accepted by modern writers.' Reports that since he returned from India, the Foreign Office offered him their Law Undersecretaryship, and that he was 'communicated with from Cambridge...when the Whewell Professorship was first filled up.' Acknowledges that some, who remember that he resigned a Cambridge professorship thirty years before, might think him too old to apply for the position. Mentions that Harcourt's deputy might also be intending to put himself forward. Claims that when he first decided to consult Sidgwick, he was not award that he was an elector, but he has made up his mind that this is not likely to affect his opinion one way or the other. Announces his intention to call on Saturday afternoon; states that he is returning to Cambridge the following evening. Acknowledges that Sidgwick may wish to speak to somebody else on the matter. Says that he has no objection to that, but asks him to try to keep what he may say 'treated as confidential'.

Refers to a conversation they had had the previous night about an opinion of his [Maine's], expressed in his Ancient Law, about '[Jus Gerrtium]'; believes he has 'found it at p. 59.' Quotes a sentence, which claims that the confusion between [Jus Gerrtium], or Law Common to all Nations, and International Law, is entirely modern. Mentions passages in Livy, to which Sidgwick had referred and continues discussion of the meaning of [Jus Gerrtium]. Refers to a statement in his book in relation to International Law, and to proceedings described in Livy I.22 and I.32. The latter, he claims, 'have some resemblance to the diplomacy of the 17th century in formality...' States that he cannot deny that 'if this later Roman law [Jus] had been under this [ ] of writing about a world like ours, they might possibly have used [Jus Gerrtium] for International law', but is somewhat uncertain of this, since he suspects that '[Jus Gerrtium], in the ear of a Roman lawyer had always a shade of special technical meaning, derived from association with the Edict of the Praetor Peregrinus, with Market law rather than with Public law.' Apologises for troubling Sidgwick.