PHILOSOPHY
I. John Horne Tooke
I have so far dwelt upon the social and political
environment of the early Utilitarian movement;
and have tried also to point out some of
the speculative tendencies fostered by the
position. If it be asked what philosophical
doctrines were explicitly taught, the answer
must be a very short one. English philosophy
barely existed. Parr was supposed to know
something about metaphysics -- apparently
because he could write good Latin. But the
inference was hasty. Of one book, however,
which had a real influence, I must say something,
for though it contained little definite philosophy,
it showed what kind of philosophy was congenial
to the common-sense of the time. The sturdy
radical, Horne Tooke, had been led to the
study of philology by a characteristic incident.
The legal question had arisen whether the
words, 'She, knowing that Crooke had been
indicted for forgery,' did so and so, contained
an averment that Crooke had been indicted.
Tooke argued in a letter to Dunning(1*) that
they did; because they were equivalent to
the phrase, 'Crooke had been indicted for
forgery: she, knowing that,' did so and so.
This raises the question. What is the meaning
of 'that'? Tooke took up the study, thinking,
as he says, that it would throw light upon
some philosophical questions. He learned
some Anglo-Saxon and Gothic to test his theory
and, of course, confirmed it.(2*) The book
shows ingenuity, shrewdness, and industry,
and Tooke deserves credit for seeing the
necessity of applying a really historical
method to his problem, though his results
were necessarily crude in the prescientific
stage of philology.
The book is mainly a long string of etymologies,
which readers of different tastes have found
intolerably dull or an amusing collection
of curiosities. Tooke held, and surely with
reason, that an investigation of language,
the great instrument of thought, may help
to throw light upon the process of thinking.
He professes to be a disciple of Locke in
philosophy as in politics. Locke, he said,(3*)
made a lucky mistake in calling his book
an essay upon human understanding; for he
thus attracted many who would have been repelled
had he called it what it really was, 'a treatise
upon words and language.' According to Tooke,
in fact,(4*) what we call 'operations of
mind' are only 'operations of language.'
The mind contemplates nothing but 'impressions,'
that is, 'sensations or feelings,' which
Locke called 'ideas.' Locke mistook composition
of terms for composition of ideas. To compound
ideas is impossible. We can only use one
term as a sign of many ideas. Locke, again,
supposed that affirming and denying were
operations of the mind, whereas they are
only artifices of language.(5*)
The mind, then, can only contemplate, separately
or together, aggregates of 'ideas,' ultimate
atoms, incapable of being parted or dissolved.
There are, therefore, only two classes of
words, nouns and verbs; all others, prepositions,
conjunctions, and so forth, being abbreviations,
a kind of mental shorthand to save the trouble
of enumerating the separate items. Tooke,
in short, is a thorough-going nominalist.
The realities, according to him, are sticks,
stones, and material objects, or the 'ideas'
which 'represent' them. They can be stuck
together or taken apart, but all the words
which express relations, categories, and
the like, are in themselves meaningless.
The special objects of his scorn are 'Hermes'
Harris, and Monboddo, who had tried to defend
Aristotle against Locke. Monboddo had asserted
that 'every kind of relation' is a pure 'idea
of the intellect' not to be apprehended by
sense.(6*) If so, according to Tooke, it
would be a nonentity.
This doctrine gives a short cut to the abolition
of metaphysics. The word 'metaphysics,' says
Tooke,(7*) is nonsense. All metaphysical
controversies are 'founded on the grossest
ignorance of words and the nature of speech.'
The greatest part of his second volume is
concerned with etymologies intended to prove
that an 'abstract idea' is a mere word. Abstract
words, he says,(8*) are generally 'participles
without a substantive and therefore in construction
used as substantives.' From a misunderstanding
of this has arisen 'metaphysical jargon'
and 'false morality.' In illustration he
gives a singular list of words, including
'fate, chance, heaven, hell, providence,
prudence, innocence, substance, fiend, angel,
apostle, spirit, true, false, desert, merit,
faith, etc., all of which are mere participles
poetically embodied and substantiated by
those who use them.' A couple of specific
applications, often quoted by later writers,
will sufficiently indicate his drift.
Such words, he remarks,(9*) as 'right' and
'just' mean simply that which is ordered
or commanded. The chapter is headed 'rights
of man,' and Tooke's interlocutor naturally
observes that this is a singular result for
a democrat. Man, it would seem, has no rights
except the rights created by the law. Tooke
admits the inference to be correct, but replies
that the democrat in disobeying human law
may be obeying the law of God, and is obeying
the law of God when he obeys the law of nature.
The interlocutor does not inquire what Tooke
could mean by the 'law of nature.' We can
guess what Tooke would have said to Paine
in the Wimbledon garden. In fact, however,
Tooke is here, as elsewhere, following Hobbes,
though, it seems, unconsciously. Another
famous etymology is that of 'truth' from
'troweth.'(10*) Truth is what each man thinks.
There is no such thing, therefore, as 'eternal,
immutable, everlasting truth, unless mankind,
such as they are at present, be eternal,
immutable, everlasting.' Two persons may
contradict each other and yet each may be
speaking what is true for him. Truth may
be a vice as well as a virtue; for on many
occasions it is wrong to speak the truth.
These phrases may possibly be interpreted
in a sense less paradoxical than the obvious
one. Tooke's philosophy, if so it is to be
called, was never fully expounded. He burned
his papers before his death, and we do not
know what he would have said about 'verbs,'
which must have led, one would suppose, to
some further treatment of relations, nor
upon the subject, which as Stephens tells
us, was most fully treated in his continuation,
the value of human testimony.
If Tooke was not a philosopher he was a man
of remarkably shrewd cynical common-sense,
who thought philosophy idle foppery. His
book made a great success. Stephens tells
us(11*) that it brought him £4000 or £5000.
Hazlitt in 1810 published a grammar professing
to incorporate for the first time Horne Tooke's
'discoveries.' The book was admired by Mackintosh,(12*)
who, of course, did not accept the principles,
and had a warm disciple in Charles Richardson
(1775-1865), who wrote in its defence against
Dugald Stewart and accepted its authority
in his elaborate dictionary of the English
language.(13*) But its chief interest for
us is that it was a great authority with
James Mill. Mill accepts the etymologies,
and there is much in common between the two
writers, though Mill had learned his main
doctrines elsewhere, especially from Hobbes.
What the agreement really shows is how the
intellectual idiosyncrasy which is congenial
to 'nominalism' in philosophy was also congenial
to Tooke's matter of fact radicalism and
to the Utilitarian position of Bentham and
his followers.
II. DUGALD STEWART
If English philosophy was a blank, there
was still a leader of high reputation in
Scotland. Dugald Stewart (1753-1828) had
a considerable influence upon the Utilitarians.
He represented, On the one hand, the doctrines
which they thought themselves specially bound
to attack, and it may perhaps be held that
in some ways he betrayed to them the key
of the position. Stewart(14*) was son of
a professor of mathematics at Edinburgh.
He studied at Glasgow (1771-72) where he
became Reid's favourite pupil and devoted
friend. In 1772 he became the assistant,
and in 1775 the colleague, of his father,
and he appears to have had a considerable
knowledge of mathematics. In 1785 he succeeded
Adam Ferguson as professor of moral philosophy
and lectured continuously until 1810. He
then gave up his active duties to Thomas
Brown, devoting himself to the completion
and publication of the substance of his lectures.
Upon Brown's death in 1820, he resigned a
post to which he was no longer equal. A paralytic
stroke in 1822 weakened him, though he was
still able to write. He died in 1828.
If Stewart now makes no great mark in histories
of philosophy, his personal influence was
conspicuous. Cockburn describes him as of
delicate appearance, with a massive head,
bushy eyebrows, gray intelligent eyes, flexible
mouth and expressive countenance. His voice
was sweet and his ear exquisite. Cockburn
never heard a better reader, and his manners,
though rather formal, were graceful and dignified.
James Mill, after hearing Pitt and Fox, declared
that Stewart was their superior in eloquence.
At Edinburgh, then at the height of its intellectual
activity, he held his own among the ablest
men and attracted the loyalty of the younger.
Students came not only from Scotland but
from England, the United States, France and
Germany.(15*) Scott won the professor's approval
by an essay on the 'Customs of the Northern
Nations.' Jeffrey, Horner, Cockburn and Mackintosh
were among his disciples. His lectures upon
Political Economy were attended by Sydney
Smith, Jeffrey and Brougham, and one of his
last hearers was Lord Palmerston. Parr looked
up to him as a great philosopher, and contributed
to his works an essay upon the etymology
of the word 'sublime,' too vast to be printed
whole. Stewart was an upholder of Whig principles,
when the Scottish government was in the hands
of the staunchest Tories. The irreverent
young Edinburgh Reviewers treated him with
respect, and to some extent applied his theory
to politics. Stewart was the philosophical
heir of Reid; and, one may say, was a Whig
both in philosophy and in politics. He was
a rationalist, but within the limits fixed
by respectability; and he dreaded the revolution
in politics, and believed in the surpassing
merits of the British Constitution as interpreted
by the respectable Whigs.
Stewart represents the 'common-sense' doctrine.
That name, as he observes, lends itself to
an equivocation. Common-sense is generally
used as nearly synonymous with 'mother wit,'
the average opinion of fairly intelligent
men; and he would prefer to speak of the
'fundamental laws of belief.'(16*) There
can, however, be no doubt that the doctrine
derived much of its strength from the apparent
confirmation of the 'average opinion' by
the 'fundamental laws.' On one side, said
Reid, are all the vulgar; on the other all
the philosophers. 'In this division, to my
great humiliation, I find myself classed
with the vulgar.'(17*) Reid, in fact, had
opposed the theories of Hume and Berkeley
because they led to a paradoxical scepticism.
If it be, as Reid held, a legitimate inference
from Berkeley that a man may as well run
his head against a post, there can be no
doubt that it is shocking to common sense
in every acceptation of the word. The reasons,
however, which Reid and Stewart alleged for
not performing that feat took a special form,
which I am compelled to notice briefly because
they set up the mark for the whole intellectual
artillery of the Utilitarians. Reid, in fact,
invented what J. S. Mill called 'intuitions.'
To confute intuitionists and get rid of intuitions
was one main purpose of all Mill's speculations.
What, then, is an 'intuition'? To explain
that fully it would be necessary to write
once more that history of the philosophical
movement from Descartes to Hume, which has
been summarised and elucidated by so many
writers that it should be as plain as the
road from St. Paul's to Temple Bar. I am
forced to glance at the position taken by
Reid and Stewart because it has a most important
bearing upon the whole Utilitarian scheme.
Reid's main service to philosophy was, in
his own opinion,(18*) that he refuted the
'ideal system' of Descartes and his followers.
That system, he says, carried in its womb
the monster, scepticism, which came to the
birth in 1739,(19*) the date of Hume's early
Treatise. To confute Hume, therefore, which
was Reid's primary object, it was necessary
to go back to Descartes, and to show where
he deviated from the right track. In other
words, we must trace the genealogy of 'ideas.'
Descartes, as Reid admitted, had rendered
immense services to philosophy. He had exploded
the scholastic system, which had become a
mere mass of logomachies and an incubus upon
scientific progress. He had again been the
first to 'draw a distinct line between the
material and the intellectual world';(20*)
and Reid apparently assumes that he had drawn
it correctly. One characteristic of the Cartesian
school is obvious. Descartes, a great mathematician
at the period when mathematical investigations
were showing their enormous power, invented
a mathematical universe. Mathematics presented
the true type of scientific reasoning and
determined his canons of inquiry. The 'essence'
of matter, he said, was space. The objective
world, as we have learned to call it, is
simply space solidified or incarnate geometry.
Its properties therefore could be given as
a system of deductions from first principles,
and it forms a coherent and self-subsistent
whole. Meanwhile the essence of the soul
is thought. Thought and matter are absolutely
opposed. They are contraries, having nothing
in common. Reality, however, seems to belong
to the world of space. The brain, too, belongs
to that world, and motions in the brain must
be determined as a part of the material mechanism.
In some way or other 'ideas' correspond to
these motions; though to define the way tried
all the ingenuity of Descartes' successors.
In any case an idea is 'subjective': it is
a thought, not a thing. It is a shifting,
ephemeral entity not to be fixed or grasped.
Yet, somehow or other, it exists, and it
'represents' realities; though the divine
power has to be called in to guarantee the
accuracy of the representation. The objective
world, again, does not reveal itself to us
as simply made up of 'primary qualities';
we know of it only as somehow endowed with
'secondary' or sense-given qualities: as
visible, tangible, audible, and so forth.
These qualities are plainly 'subjective';
they vary from man to man, and from moment
to moment: they cannot be measured or fixed;
and must be regarded as a product in some
inexplicable way of the action of matter
upon mind; unreal or, at any rate, not independent
entities.
In Locke's philosophy, the 'ideas,' legitimate
or illegitimate descendants of the Cartesian
theories, play a most prominent part. Locke's
admirable common-sense made him the leader
who embodied a growing tendency. The empirical
sciences were growing; and Locke, a student
of medicine, could note the fallacies which
arise from neglecting observation and experiment,
and attempting to penetrate to the absolute
essences and entities. Newton's great success
was due to neglecting impossible problems
about the nature of force in itself 'action
at a distance' and so forth -- and attention
to the sphere of visible phenomena. The excessive
pretensions of the framers of metaphysical
systems had led to hopeless puzzles and merely
verbal solutions. Locke, therefore, insisted
upon the necessity of ascertaining the necessary
limits of human knowledge. All our knowledge
of material facts is obviously dependent
in some way upon our sensations -- however
Meeting or unreal they may be. Therefore,
the material sciences must depend upon sense-given
data or upon observation and experiment.
Hume gives the ultimate purpose, already
implied in Locke's essay, when he describes
his first treatise (on the title page) as
an 'attempt to introduce the experimental
mode of reasoning into moral subjects.' Now,
as Reid thinks, the effect of this was to
construct our whole knowledge out of the
representative ideas. The empirical factor
is so emphasised that we lose all grasp of
the real world. Locke, indeed, though he
insists upon the derivation of our whole
knowledge from 'ideas,' leaves reality to
the 'primary qualities' without clearly expounding
their relation to the secondary. But Berkeley,
alarmed by the tendency of the Cartesian
doctrines to materialism and mechanical necessity,
reduces the 'primary' to the level of the
'secondary,' and proceeds to abolish the
whole world of matter. We are thus left with
nothing but 'ideas,' and the ideas are naturally
'subjective' and therefore in some sense
unreal. Finally Hume gets rid of the soul
as well as the outside world; and then, by
his theory of 'causation,' shows that the
ideas themselves are independent atoms, cohering
but not rationally connected, and capable
of being arbitrarily joined or separated
in any way whatever. Thus the ideas have
ousted the facts. We cannot get beyond ideas,
and yet ideas are still purely subjective.
The 'real' is separated from the phenomenal,
and truth divorced from fact. The sense-given
world is the whole world, and yet is a world
of mere accidental conjunctions and separation.
That is Hume's scepticism, and yet according
to Reid is the legitimate development of
Descartes' 'ideal system.' Reid, I take it,
was right in seeing that there was a great
dilemma. What was required to escape from
it? According to Kant, nothing less than
a revision of Descartes' mode of demarcation
between object and subject. The 'primary
qualities' do not correspond in this way
to an objective world radically opposed to
the subjective. Space is not a form of things,
but a form imposed upon the data of experience
by the mind itself. This, as Kant says, supposes
a revolution in philosophy comparable to
the revolution made by Copernicus in astronomy.
We have completely to invert our whole system
of conceiving the world. Whatever the value
of Kant's doctrine, of which I need here
say nothing, it was undoubtedly more prolific
than Reid's. Reid's was far less thoroughgoing.
He does not draw a new line between object
and subject, but simply endeavours to show
that the dilemma was due to certain assumptions
about the nature of 'ideas.' The real had
been altogether separated from the phenomenal,
or truth divorced from fact. You can only
have demonstrations by getting into a region
beyond the sensible world; while within that
world -- that is, the region of ordinary
knowledge and conduct -- you are doomed to
hopeless uncertainty. An escape, therefore,
must be sought by some thorough revision
of the assumed relation, but not by falling
back upon the exploded philosophy of the
schools. Reid and his successors were quite
as much alive as Locke to the danger of falling
into mere scholastic logomachy. They, too,
will in some sense base all knowledge upon
experience. Reid constantly appeals to the
authority of Bacon, whom he regards as the
true founder of inductive science. The great
success of Bacon's method in the physical
sciences, encouraged the hope, already expressed
by Newton, that a similar result might be
achieved in 'moral philosophy.'(21*) Hume
had done something to clear the way, but
Reid was, as Stewart thinks, the first to
perceive clearly and justly the 'analogy
between these two different branches of human
knowledge.' The mind and matter are two co-ordinate
things, whose properties are to be investigated
by similar methods. Philosophy thus means
essentially psychology. The two inquiries
are two 'branches' of inductive science,
and the problem is to discover by a perfectly
impartial examination what are the 'fundamental
laws of mind' revealed by an accurate analysis
of the various processes of thought. The
main result of Reid's investigations is given
most pointedly in his early Inquiry, and
was fully accepted by Stewart. Briefly it
comes to this. No one can doubt that we believe,
as a fact, in an external world. We believe
that there are sun and moon, stones, sticks,
and human bodies. This belief is accepted
by the sceptic as well as by the dogmatist,
although the sceptic reduces it to a mere
blind custom or 'association of ideas.' Now
Reid argues that the belief, whatever its
nature, is not and cannot be derived from
the sensations. We do not construct the visible
and tangible world, for example, simply out
of impressions made upon the senses of sight
and touch. To prove this, he examines what
are the actual data provided by these senses,
and shows, or tries to show, that we cannot
from them alone construct the world of space
and geometry. Hence, if we consider experience
impartially and without preconception, we
find that it tells us something which is
not given by the senses. The senses are not
the material of our perceptions, but simply
give the occasions upon which our belief
is called into activity. The sensation is
no more like the reality in which we believe
than the pain of a wound is like the edge
of the knife. Perception tells us directly
and immediately, without the intervention
of ideas, that there is, as we all believe,
a real external world.
Reid was a vigorous reasoner, and credit
has been given to him by some disciples of
Kant's doctrine of time and space. Schopenhauer(22*)
says that Reid's 'excellent work' gives a
complete 'negative proof of the Kantian truths';
that is to say, that Reid proves satisfactorily
that we cannot construct the world out of
the sense-given data alone. But, whereas
Kant regards the senses as supplying the
materials moulded by the perceiving mind,
Reid regards them as mere stimuli exciting
certain inevitable beliefs. As a result of
Reid's method, then, we have 'intuitions.'
Reid's essential contention is that a fair
examination of experience will reveal certain
fundamental beliefs, which cannot be explained
as mere manifestations of the sensations,
and which, by the very fact that they are
inexplicable, must be accepted as an 'inspiration.'(23*)
Reid professes to discover these beliefs
by accurately describing facts. He finds
them there as a chemist finds an element.
The 'intuition' is made by substituting for
'ideas' a mysterious and inexplicable connection
between the mind and matter.(24*) The chasm
exists still, but it is somehow bridged by
a quasi-miracle. Admitting, therefore, that
Reid shows a gap to exist in the theory,
his result remains 'negative.' The philosopher
will say that it is not enough to assert
a principle dogmatically without showing
its place in a reasoned system of thought.
The psychologist, On the other hand, who
takes Reid's own ground, may regard the statement
only as a useful challenge to further inquiry.
The analysis hitherto given may be insufficient,
but where Reid has failed, other inquirers
may be more successful. As soon, in fact,
as we apply the psychological method, and
regard the 'philosophy of mind' as an 'inductive
science,' it is perilous, if not absolutely
inconsistent, to discover 'intuitions' which
will take us beyond experience. The line
of defence against empiricism can only be
provisional and temporary. In his main results,
indeed, Reid had the advantage of being on
the side of 'common sense.' Everybody was
already convinced that there were sticks
and stones, and everybody is prepared to
hear that their belief is approved by philosophy.
But a difficulty arises when a similar method
is applied to a doctrine sincerely disputed.
To the statement, 'this is a necessary belief,'
it is a sufficient answer to reply, 'I don't
believe it.' In that case, an intuition merely
amounts to a dogmatic assumption that I am
infallible, and must be supported by showing
its connection with beliefs really universal
and admittedly necessary.
Dugald Stewart followed Reid upon this main
question, and with less force and originality
represents the same point of view. He accepts
Reid's view of the two co-ordinate departments
of knowledge; the science of which mind,
and the science of which body, is the object.
Philosophy is not a 'theory of knowledge'
or of the universe; but, as it was then called,
'a philosophy of the human mind.' 'Philosophy'
is founded upon inductive psychology; and
it only becomes philosophy in a wider sense
in so far as we discover that as a fact we
have certain fundamental beliefs, which are
thus given by experience, though they take
us in a sense beyond experience. Jeffrey,
reviewing Stewart's life of Reid, in the
Edinburgh Review of 1804, makes a significant
inference from this. Bacon's method, he said,
had succeeded in the physical sciences, because
there we could apply experiment. But experiment
is impossible in the science of mind; and
therefore philosophy will never be anything
but a plaything or a useful variety of gymnastic.
Stewart replied at some length in his Essays,(25*)
fully accepting the general conception, but
arguing that the experimental method was
applicable to the science of mind. Jeffrey
observes that it was now admitted that the
'profoundest reasonings' had brought us back
to the view of the vulgar, and this, too,
is admitted by Stewart so far as the cardinal
doctrine of 'the common sense' philosophy,
the theory of perception, is admitted.
From this, again, it follows that the 'notions
we annex to the words Matter and Mind are
merely relative.'(26*) We know that mind
exists as we know that matter exists; or,
if anything, we know the existence of mind
more certainly because more directly. The
mind is suggested by 'the subjects of our
consciousness'; the body by the objects 'of
our perception.' But, on the other hand,
we are totally 'ignorant of the essence of
either.'(27*) We can discover the laws either
of mental or moral phenomena; but a law,
as he explains, means in strictness nothing
but a 'general fact.'(28*) It is idle, therefore,
to explain the nature of the union between
the two unknowable substances; we can only
discover that they are united and observe
the laws according to which one set of phenomena
corresponds to the other. From a misunderstanding
of this arise all the fallacies of scholastic
ontology, 'the most idle and absurd speculation
that ever employed the human faculties.'(29*)
The destruction of that pseudo-science was
the great glory of Bacon and Locke; and Reid
has now discovered the method by which we
may advance to the establishment of a truly
inductive 'philosophy of mind.'
It is not surprising that Stewart approximates
in various directions to the doctrines of
the empirical school. He leans towards them
whenever he do es not see the results to
which he is tending. Thus, for example, he
is a thorough-going nominalist;(30*) and
on this point he deserts the teaching of
Reid. He defends against Reid the attack
made by Berkeley and Hume upon 'abstract
ideas.' Rosmini,(31*) in an elaborate criticism,
complains that Stewart did not perceive the
inevitable tendency of nominalism to materialism.(32*)
Stewart, in fact, accepts a good deal of
Horne Tooke's doctrine,(33*) though calling
Tooke an 'ingenious grammarian, not a very
profound philosopher,' but holds, as we shall
see, that the materialistic tendency can
be avoided. As becomes a nominalist, he attacks
the syllogism upon grounds more fully brought
out by J. S. Mill. Upon another essential
point, he agrees with the pure empiricists.
He accepts Hume's view of causation in all
questions of physical science. In natural
philosophy, he declares causation means only
conjunction. The senses can never give us
the 'efficient' cause of any phenomenon.
In other words, we can never see a 'necessary
connection' between any two events. He collects
passages from earlier writers to show how
Hume had been anticipated; and holds that
Bacon's inadequate view of this truth was
a main defect in his theories.(34*) Hence
we have a characteristic conclusion. He says,
when discussing the proofs of the existence
of God,(35*) that we have an 'irresistible
conviction of the necessity of a cause' for
every change. Hume, however, has shown that
this can never be a logical necessity. It
must then, argues Stewart, be either a 'prejudice'
or an 'intuitive judgment.' Since it is shown
by 'universal consent' not to be a prejudice,
it must be an intuitive judgment. Thus Hume's
facts are accepted; but his inference denied.
The actual causal nexus is inscrutable. The
conviction that there must be a connection
between events attributed by Hume to 'custom'
is attributed by Stewart to intuitive belief.
Stewart infers that Hume's doctrine is really
favourable to theology. It implies that God
gives us the conviction, and perhaps, as
Malebranche held, that God is 'the constantly
operating efficient Cause in the material
world.'(36*) Stewart's successor, Thomas
Brown, took up this argument on occasion
of the once famous 'Leslie controversy';
and Brown's teaching was endorsed by James
Mill and by John Stuart Mill.
According to J. S. Mill, James Mill and Stewart
represented opposite poles of philosophic
thought. I shall have to consider this dictum
hereafter. On the points already noticed
Stewart must be regarded as an ally rather
than an opponent of the Locke and Hume tradition.
Like them he appeals unhesitatingly to experience,
and cannot find words strong enough to express
his contempt for 'ontological' and scholastic
methods. His 'intuitions' are so far very
harmless things, which fall in with common
sense, and enable him to hold without further
trouble the beliefs which, as a matter of
fact, are held by everybody. They are an
excuse for not seeking any ultimate explanation
in reason. He is, indeed, opposed to the
school which claimed to be the legitimate
successor to Locke, but which evaded Hume's
scepticism by diverging towards materialism.
The great representative of this doctrine
in England had been Hartley, and in Stewart's
day Hartley's lead had been followed by Priestley,
who attacked Reid from a materialist point
of view, by Priestley's successor, Thomas
Belsham, and by Erasmus Darwin. We find Stewart,
in language which reminds us of later controversy,
denouncing the 'Darwinian School'(37*) for
theories about instinct incompatible with
the doctrine of final causes. It might appear
that a philosopher who has re-established
the objective existence of space in opposition
to Berkeley, was in danger of that materialism
which had been Berkeley's bugbear. But Stewart
escapes the danger by his assertion that
our knowledge of matter is 'relative' or
confined to phenomena. Materialism is for
him a variety of ontology, involving the
assumption that we know the essence of matter.
To speak with Hartley of 'vibrations,' animal
spirits, and so forth, is to be led astray
by a false analogy. We can discover the laws
of correspondence of mind and body, but not
the ultimate nature of either.(38*) Thus
he regards the 'physiological metaphysics
of the present day' as an 'idle waste of
labour and ingenuity on questions to which
the human mind is altogether incompetent.'(39*)
The principles found by inductive observation
are as independent of these speculations
as Newton's theory of gravitation of an ultimate
mechanical cause of gravitation.
Hartley's followers, however, could drop
the 'vibration' theory; and their doctrine
then became one of 'association of ideas.'
To this famous theory, which became the sheet-anchor
of the empirical school, Stewart is not altogether
opposed. We find him speaking of 'indissoluble
association' in language which reminds us
of the Mills.(40*) Hume had spoken of association
as comparable to gravitation -- the sole
principle by which our 'ideas' and 'impressions'
are combined into a whole; a theory, of course,
corresponding to his doctrine of 'belief'
as a mere custom of associating. Stewart
uses the principle rather as Locke had done,
as explaining fallacies due to 'casual associations.'
It supposes, as he says, the previous existence
of certain principles, and cannot be an ultimate
explanation. The only question can be at
what point we have reached an 'original principle,'
and are therefore bound to stop our analysis.(41*)
Over this question he glides rather too lightly,
as is his custom; but from his point of view
the belief, for example, in an external world,
cannot be explained by association, inasmuch
as it reveals itself as an ultimate datum.
In regard to the physical sciences, then,
Stewart's position approximates very closely
to the purely 'empirical' view. When we come
to a different application of his principles,
we find him taking a curiously balanced position
between different schools. 'Common sense'
naturally wishes to adapt itself to generally
accepted beliefs; and with so flexible a
doctrine as that of 'intuitions' it is not
difficult to discover methods of proving
the ordinary dogmas. Stewart's theology is
characteristic of this tendency. He describes
the so-called a priori proof, as formulated
by Clarke. But without denying its force,
he does not like to lay stress upon it. He
dreads 'ontology' too much. He therefore
considers that the argument at once most
satisfactory to the philosopher and most
convincing to ordinary men is the argument
from design. The belief in God is not 'intuitive,'
but follows immediately from two first principles:
the principle that whatever exists has a
cause, and the principle that a 'combination
of means implies a designer.'(42*) The belief
in a cause arises on our perception of change
as our belief in the external world arises
upon our sensations. The belief in design
must be a 'first principle' because it includes
a belief in 'necessity' which cannot arise
from mere observation of 'contingent truths.'(43*)
Hence Stewart accepts the theory of final
causes as stated by Paley. Though Paley's
ethics offended him, he has nothing but praise
for the work upon Natural Theology.(44*)
Thus, although 'common sense' does not enable
us to lay down the central doctrine of theology
as a primary truth, it does enable us to
interpret experience in theological terms.
In other words, his theology is of the purely
empirical kind, which was, as we shall see,
the general characteristic of the time.
In Stewart's discussion of ethical problems
the same doctrine of 'final causes' assumes
a special importance. Stewart, as elsewhere,
tries to hold an intermediate position; to
maintain the independence of morality without
committing himself to the 'ontological' or
purely logical view; and to show that virtue
conduces to happiness without allowing that
its dictates are to be deduced from its tendency
to produce happiness. His doctrine is to
a great extent derived from the teaching
of Hutcheson and Bishop Butler. He really
approximates most closely to Hutcheson, who
takes a similar view of Utilitarianism, but
he professes the warmest admiration of Butler.
He explicitly accepts Butler's doctrine of
the 'supremacy of the conscience' -- a doctrine
which as he says, the bishop, 'has placed
in the strongest and happiest light.'(45*)
He endeavours, again, to approximate to the
'intellectual school,' of which Richard Price
(1723-1791) was the chief English representative
at the time. Like Kant, Price deduces the
moral law from principles of pure reason.
The truth of the moral law. 'Thou shalt do
to others as you wish that they should do
to you,' is as evident as the truth of the
law in geometry, 'things which are equal
to the same thing are equal to each other.'
Stewart so far approves that he wishes to
give to the moral law what is now called
all possible 'objectivity,' while the 'moral
sense' of Hutcheson apparently introduced
a 'subjective' element. He holds, however,
that our moral perceptions 'involve a feeling
of the heart,' as well as a 'judgment of
the understanding,'(46*) and ascribes the
same view to Butler. But then, by using the
word 'reason' so as to include the whole
nature of a rational being, we may ascribe
to it the 'origin of those simple ideas which
are not excited in the mind by the operation
of the senses, but which arise in consequence
of the operation of the intellectual powers
among the various objects.'(47*) Hutcheson,
he says, made his 'moral sense' unsatisfactory
by taking his illustrations from the 'secondary'
instead of the 'primary qualities,'(48*)
and thus with the help of intuitive first
principles, Stewart succeeds in believing
that it would be as hard for a man to believe
that he ought to sacrifice another man's
happiness to his own as to believe that three
angles of a triangle are equal to one right
angle.(49*) It is true that a feeling and
a judgment are both involved; but the 'intellectual
judgment' is the groundwork of the feeling,
not the feeling of the judgment.(50*) In
spite, however, of this attempt to assimilate
his principles to those of the intellectual
school, the substance of Stewart's ethics
is essentially psychological. It rests, in
fact, upon his view that philosophy depends
upon inductive psychology, and, therefore,
essentially upon experience subject to the
cropping up of convenient 'intuitions.'
This appears from the nature of his argument
against the Utilitarians. In his time, this
doctrine was associated with the names of
Hartley, Tucker, Godwin, and especially Paley.
He scarcely refers to Bentham.(51*) Paley
is the recognised anvil for the opposite
school. Now he agrees, as I have said, with
Paley's view of natural theology and entirely
accepts therefore the theory of 'final causes.'
The same theory becomes prominent in his
ethical teaching. We may perhaps say that
Stewart's view is in substance an inverted
Utilitarianism. It may be best illustrated
by an argument familiar in another application.
Paley and his opponents might agree that
the various instincts of an animal are so
constituted that in point of fact they contribute
to his preservation and his happiness. But
from one point of view this appears to be
simply to say that the conditions of existence
necessitate a certain harmony, and that the
harmony is therefore to be a consequence
of his self-preservation. From the opposite
point of view, which Stewart accepts, it
appears that the self-preservation is the
consequence of a pre-established harmony,
which has been divinely appointed in order
that he may live. Stewart, in short, is a
'teleologist' of the Paley variety. Psychology
proves the existence of design in the moral
world, as anatomy or physiology proves it
in the physical.
Stewart therefore fully agrees that virtue
generally produces happiness. lf it be true
(a doctrine, he thinks, beyond our competence
to decide) that 'the sole principle of action
in the Deity' is benevolence, it may be that
he has commanded us to be virtuous because
he sees virtue to be useful. In this case
utility may be the final cause of morality;
and the fact that virtue has this tendency
gives the plausibility to utilitarian systems.(52*)
But the key to the difficulty is the distinction
between 'final' and 'efficient' causes; for
the efficient cause of morality is not the
desire for happiness, but a primitive and
simple instinct, namely, the moral faculty.
Thus he rejects Paley's notorious doctrine
that virtue differs from prudence only in
regarding the consequences in another world
instead of consequences in this.(53*) Reward
and punishment 'presuppose the notions of
right and wrong' and cannot be the source
of those notions. The favourite doctrine
of association, by which the Utilitarians
explained unselfishness, is only admissible
as accounting for modifications, such as
are due to education and example, but 'presupposes
the existence of certain principles which
are common to all mankind.' The evidence
of such principles is established by a long
and discursive psychological discussion.
It is enough to say that he admits two rational
principles, 'self-love' and the 'moral faculty,'
the coincidence of which is learned only
by experience. The moral faculty reveals
simple 'ideas' of right and wrong, which
are incapable of any further analysis. But
besides these, there is a hierarchy of other
instincts or desires, which he calls 'implanted'
because 'for aught we know' they may be of
'arbitrary appointment.'(54*) Resentment,
for example, is an implanted instinct, of
which the 'final cause' is to defend us against
'sudden violence.'(55*) Stewart's analysis
is easygoing and suggests more problems than
it solves. The general position, however,
is clear enough, and not, I think, without
much real force as against the Paley form
of utilitarianism.
The acceptance of the doctrine of 'final
causes' was the inevitable course for a philosopher
who wishes to retain the old creeds and yet
to appeal unequivocally to experience. It
suits the amiable optimism for which Stewart
is noticeable. To prove the existence of
a perfect deity from the evidence afforded
by the world, you must of course take a favourable
view of the observable order. Stewart shows
the same tendency in his Political Economy,
where he is Adam Smith's disciple, and fully
shares Smith's beliefs that the harmony between
the interests of the individual and the interests
of the society is an evidence of design in
the Creator of mankind. In this respect Stewart
differs notably from Butler, to whose reasonings
he otherwise owed a good deal. With Butler
the conscience implies a dread of divine
wrath and justifies the conception of a world
alienated from its maker. Stewart's 'moral
faculty' simply recognises or reveals the
moral law; but carries no suggestion of supernatural
penalties. The doctrines by which Butler
attracted some readers and revolted others
throw no shadow over his writings. He is
a placid enlightened professor, whose real
good feeling and frequent shrewdness should
not be overlooked in consequence of the rather
desultory and often superficial mode of reasoning.
This, however, suggests a final remark upon
Stewart's position.
In the preface(56*) to his Active and Moral
Powers (1828) Stewart apologises for the
large space given to the treatment of Natural
Religion. The lectures, he says, which form
the substance of the book, were given at
a time when 'enlightened zeal for liberty'
was associated with the 'reckless boldness
of the uncompromising freethinker.' He wished,
therefore, to show that a man could be a
liberal without being an atheist. This gives
the position characteristic of Stewart and
his friends. The group of eminent men who
made Edinburgh a philosophical centre was
thoroughly in sympathy with the rationalist
movement of the eighteenth century. The old
dogmatic system of belief could be held very
lightly even by the more educated clergy.
Hume's position is significant. He could
lay down the most unqualified scepticism
in his writings; but he always regarded his
theories as intended for the enlightened;
he had no wish to disturb popular beliefs
in theology, and was a strong Tory in politics.
His friends were quite ready to take him
upon that footing. The politeness with which
'Mr Hume's' speculations are noticed by men
like Stewart and Reid is in characteristic
contrast to the reception generally accorded
to more popular sceptics. They were intellectual
curiosities not meant for immediate application.
The real opinion of such men as Adam Smith
and Stewart was probably a rather vague and
optimistic theism. In the professor's chair
they could talk to lads intended for the
ministry without insulting such old Scottish
prejudice (there was a good deal of it) as
survived: and could cover rationalising opinions
under language which perhaps might have a
different meaning for their hearers. The
position was necessarily one of tacit compromise.
Stewart considers himself to be an inductive
philosopher appealing frankly to experience
and reason; and was in practice a man of
thoroughly liberal and generous feelings.
He was heartily in favour of progress as
he understood it. Only he will not sacrifice
common sense; that is to say, the beliefs
which are in fact prevalent and congenial
to existing institutions. Common sense, of
course, condemns extremes: and if logic seems
to be pushing a man towards scepticism in
philosophy or revolution in practice, he
can always protest by the convenient device
of intuitions.
I have gone so far in order to illustrate
the nature of the system which the Utilitarians
took to be the antithesis of their own. It
may be finally remarked that at present both
sides were equally ignorant of contemporary
developments of German thought. When Stewart
became aware that there was such a thing
as Kant's philosophy, he tried to read it
in a Latin version. Parr, I may observe,
apparently did not know of this version,
and gave up the task of reading German. Stewart's
example was not encouraging. He had abandoned
the 'undertaking in despair' partly from
the scholastic barbarism of the style, partly
'my utter inability to comprehend the author's
meaning.' He recognises similarity between
Kant and Reid, but thinks Reid's simple statement
of the fact that space cannot be derived
from the senses more philosophical than Kant's
'superstructure of technical mystery.'(57*)
I have dwelt upon the side in which Stewart's
philosophy approximates to the empirical
school, because the Utilitarians were apt
to misconceive the position. They took Stewart
to be the adequate representative of all
who accepted one branch of an inevitable
dilemma. The acceptance of 'intuitions,'
that is, was the only alternative to thorough-going
acceptance of 'experience.' They supposed,
too, that persons vaguely described as 'Kant
and the Germans' taught simply a modification
of the 'intuitionist' view. I have noticed
how emphatically Stewart claimed to rely
upon experience and to base his philosophy
upon inductive psychology, and was so far
admitting the first principles and the general
methods of his opponents. The Scottish philosophy,
however, naturally presented itself as an
antagonistic force to the Utilitarians. The
'intuitions' represented the ultimate ground
taken, especially in religious and ethical
questions, by men who wished to be at once
liberal philosophers and yet to avoid revolutionary
extremes. 'Intuitions' had in any case a
negative value, as protests against the sufficiency
of the empirical analysis. It might be quite
true, for example, that Hume's analysis of
certain primary mental phenomena -- of our
belief in the external world or of the relation
of cause and effect -- was radically insufficient.
He had not given an adequate explanation
of the facts. The recognition of the insufficiency
of his reasoning was highly important if
only as a stimulus to inquiry. It was a warning
to his and to Hartley's followers that they
had not thoroughly unravelled the perplexity
but only cut the knot. But when the insufficiency
of the explanation was interpreted as a demonstration
that all explanation was impossible, and
the 'intuition' an ultimate 'self-evident'
truth, it became a refusal to inquire just
where inquiry was wanted; a positive command
to stop analysis at an arbitrary point; and
a round assertion that the adversary could
not help believing precisely the doctrine
which he altogether declined to believe.
Naturally the empiricists refused to bow
to an authority which was simply saying,
'Don't inquire further,' without any ground
for the prohibition except the 'ipse dixitism'
which declared that inquiry must be fruitless.
Stewart, in fact, really illustrated the
equivocation between the two meanings of
'common sense.' If by that name he understood,
as he professed to understand, ultimate 'laws
of thought,' his position was justifiable
as soon as he could specify the laws and
prove that they were ultimate. But so far
as he virtually took for granted that the
average beliefs of intelligent people were
such laws, and on that ground refund to examine
the evidence of their validity, he was inconsistent,
and his position only invited assault. As
a fact, I believe that his 'intuitions' covered
many most disputable propositions; and that
the more clearly they were stated, the more
they failed to justify his interpretations.
He was not really answering the most vital
and critical questions, but implicitly reserving
them, and putting an arbitrary stop to investigations
desirable on his own principles.
The Scottish philosophy was, however, accepted
in England, and made a considerable impression
in France, as affording a tenable barrier
against scepticism. It was, as I have said,
in philosophy what Whiggism was in politics.
Like political Whiggism it included a large
element of enlightened and liberal rationalism;
but like Whiggism it covered an aversion
to thorough-going logic. The English politician
was suspicious of abstract principles, but
could cover his acceptance of tradition and
rule of thumb by general phrases about liberty
and toleration. The Whig in philosophy equally
accepted the traditional creed, sufficiently
purified from cruder elements, and sheltered
his doctrine by speaking of 'intuitions and
laws of thought.' In both positions there
was really, I take it, a great deal of sound
practical wisdom; but they also implied a
marked reluctance to push inquiry too far,
and a tacit agreement to be content with
what the Utilitarians denounced as 'vague
generalities' -- phrases, that is, which
might be used either to conceal an underlying
scepticism, or really to stop short in the
path which led to scepticism. In philosophy
as in politics, the Utilitarians boasted
of being thorough-going Radicals, and hated
compromises, which to them appeared to be
simply obstructive. I need not elaborate
a point which will meet us again. If I were
writing a history of thought in general I
should have to notice other writers, though
there were none of much distinction, who
followed the teaching of Stewart or of his
opponents of the Hartley and Darwin school.
It would be necessary also to insist upon
the growing interest in the physical sciences,
which were beginning not only to make enormous
advances, but to attract popular attention.
For my purpose, however, it is I think sufficient
to mention these writers, each of whom had
a very special relation to the Utilitarians.
I turn, therefore, to Bentham.
NOTES:
1. Published originally in 1778; reprinted
in edition of {EPSILON PI EPSILON ALPHA}
{PI TAU EPSILON RHO OMICRON EPSILON NU TAU
ALPHA} or Diversions of Purley, by Richard
Taylor (1829), to which I refer. The first
part of the Diversions of Purley appeared
in 1786; and the second part (with a new
edition of the first) in 1798.
2. Diversions of Purley (1829), i, 12, 131.
3. Ibid., ii, 362. Locke's work, says Prof.
Max Müller in his Science of Thought, p.
295, 'is, as Lange in his History of Materialism
rightly perceived, a critique of language
which, together with Kant's Critique of the
Pure Reason, forms the starting point of
modern philosophy.' See Lange's Materialism,
(1873) i, 271.
4. Ibid., i, 49.
5. Diversions of Purley, i, 36, 42.
6. Ibid., i, 373.
7. Ibid., i, 374.
8. Diversions of Purley, ii, 18. Cf. Mill's
statement in Analysis, i, 304, that 'abstract
terms are concrete terms with the connotation
dropped.'
9. Ibid. ii, 9, etc.
10. Ibid. ii, 399.
11. Stephens, ii, 497.
12. Life of Mackintosh, ii, 235-57.
13. Begun for the Encyclopedia Metropolitana
in 1818; and published in 1835-37. Dugald
Stewart's chief criticism is in his Essays
(Works, v, 149-188). John Fearn published
his Anti-Tooke in 1820.
14. Nine volumes of Dugald Stewart's works,
edited by Sir W. Hamilton, appeared from
1854 to 1856; a tenth, including a life of
Stewart by J. Veitch, appeared in 1858, and
an eleventh, with an index to the whole,
in 1860. The chief books are the Elements
of the Philosophy of the Human Mind (in vols.
ii, iii and iv, originally in 1792, 1814,
1827); Philosophical Essays (in vol. v, originally
1810); Philosophy of the Active and Moral
Powers of Many (vols vi and vii, originally
in 1828); Dissertation on the Progress of
Philosophy (in vol. i; originally in Encyclopedia
Britannica, in 1815 and 1821). The lectures
on Political Economy first appeared in the
Works, vols. viii and ix.
15. Works, vi. ('Preface').
16. Works (Life of Reid), x, 304-8.
17. Reid's Works (Hamilton), p. 302.
18. Reid's Works (Hamilton), p. 88.
19. Ibid. 206.
20. Ibid. 267.
21. Stewart's remarks on his life of Reid.
Reid's Works, p. 12, etc.
22. The World as Will and Idea (Haldane &
Kemp), ii, 186. Reid's "Inquiry' he
adds, is ten times better worth reading than
all the philosophy together which has been
written since Kant.
23. 'We are inspired with the sensation,
as we are inspired with the corresponding
perception, by means unknown.' -- Reid's
Works, 188. 'This,' says Stewart, 'is a plain
statement of fact.' -- Stewart's Works, ii,
111-12.
24. See Rosmini's Origin of Ideas (English
Translation) i, p. 91, where, though sympathising
with Reid's aim, he admits a 'great blunder.'
25. Stewart's Works, v. 24-53. Hamilton says
in a note (p. 41) that Jeffrey candidly confessed
Stewart's reply to be satisfactory.
26. Ibid., ii. 46.
27. Ibid., ii, 45-67.
28. Ibid., iii, 159.
29. Ibid., v, 21.
30. Stewart's Works, ii, 165-93; iii, 81-97.
Schopenhauer (The World as Will and Idea,
ii, 240) admires Reid's teaching upon this
point, and recommends us not 'to waste an
hour over the scribblings of this shallow
writer' (Stewart).
31. Rosmini's Origin of Ideas (English translation)
i, 96-176.
32. Ibid., i, 147n.
33. Stewart's Works, iv, 29, 35, 35, 38,
and v, 149-88.
34. Ibid., ii, 97, etc. and iii. 235, 289,
417.
35. Works, vii, 13-34.
36. Ibid., vii, 26, etc.
37. Works, iv, 265.
38. Ibid., ii, 52.
39. Ibid., v, 10.
40. Works, ii, 155.
41. Ibid., ii, 337.
42. Works, vi, 46; vii, 11.
43. Ibid., vii, 46.
44. Ibid., i, 357.
45. Works, vi, 320.
46. Ibid., vi, 279.
47. Ibid., vi, 297.
48. Works, vi, 295. Cf. v, 83.
49. Ibid., vi, 298-99.
50. Ibid., v, 84.
51. In Works, vi, 205-6, he quotes Dumont's
Bentham; but his general silence is the more
significant, as in the lectures on Political
Economy he makes frequent and approving references
to Bentham's tract upon usury.
52. Works, vii, 236-38.
53. Ibid., vi, 221.
54. Works, vi, 213.
55. Ibid., vi, 199.
56. Works, vi, 111.
57. Works, vi, 117-18. I have given some
details as to Stewarts's suffereing under
an English proselyte of Kant in my Studies
of a Biographer.
CHAPTER V
BENTHAM'S LIFE
I. Early Life
Jeremy Bentham,(1*) the patriarch of the
English Utilitarians, sprang from the class
imbued most thoroughly with the typical English
prejudices. His first recorded ancestor,
Brian Bentham, was a pawnbroker, who lost
money by the stop of the Exchequer in 1672,
but was neither ruined, nor, it would seem,
alienated by the king's dishonesty. He left
some thousands to his son, Jeremiah, an attorney
and a strong Jacobite. A second Jeremiah,
born 2nd December 1712, carried on his father's
business, and though his clients were not
numerous, increased his fortune by judicious
investments in houses and lands. Although
brought up in Jacobite principles, he transferred
his attachment to the Hanoverian dynasty
when a relation of his wife married a valet
of George II. The wife, Alicia Grove, was
daughter of a tradesman who had made a small
competence at Andover. Jeremiah Bentham had
fallen in love with her at first sight, and
wisely gave up for her sake a match with
a fortune of £10,000. The couple were fondly
attached to each other and to their children.
The marriage took place towards the end of
1744, and the eldest son, Jeremy, was born
in Red Lion Street, Houndsditch, 4th February
1747-48 (o. s.) The only other child who
grew up was Samuel, afterwards Sir Samuel
Bentham, born 11th January 1757. When eighty
years old, Jeremy gave anecdotes of his infancy
to his biographer, Bowring, who says that
their accuracy was confirmed by contemporary
documents, and proved his memory to be as
wonderful as his precocity. Although the
child was physically puny, his intellectual
development was amazing. Before he was two
he burst into tears at the sight of his mother's
chagrin upon his refusal of some offered
dainty. Before he was 'breeched,' an event
which happened when he was three and a quarter,
he ran home from a dull walk, ordered a footman
to bring lights and place a folio Rapin upon
the table, and was found plunged in historical
studies when his parents returned to the
house. In his fourth year he was imbibing
the Latin grammar, and at the age of five
years nine months and nineteen days, as his
father notes, he wrote a scrap of Latin,
carefully pasted among the parental memoranda.
The child was not always immured in London.
His parents spent their Sundays with the
grandfather Bentham at Barking, and made
occasional excursions to the house of Mrs
Bentham's mother at Browning Hill, near Reading.
Bentham remembered the last as a 'paradise,'
and a love of flowers and gardens became
one of his permanent passions.
Jeremy cherished the memory of his mother's
tenderness. The father, though less sympathetic,
was proud of his son's precocity, and apparently
injudicious in stimulating the unformed intellect.
The boy was almost a dwarf in size. When
sixteen he grew ahead,(2*) and was so feeble
that he could scarcely drag himself upstairs.
Attempts to teach him dancing failed from
the extreme weakness of his knees.(3*) He
showed a taste for music, and could scrape
a minuet on the fiddle at six years of age.
He read all such books as came in his way.
His parents objected to light literature,
and he was crammed with such solid works
as Rapin, Burnet's Theory of the Earth, and
Cave's Lives of the Apostles. Various accidents,
however, furnished him with better food for
the imagination. He wept for hours over Ciarissa
Harlowe, studied Gulliver's Travels as an
authentic document, and dipped into a variety
of such books as then drifted into middle-class
libraries. A French teacher introduced him
to some remarkable books. He read Télémaque,
which deeply impressed him, and, as he thought,
implanted in his mind the seeds of later
moralising. He attacked unsuccessfully some
of Voltaire's historical works, and even
read Candide, with what emotions we are not
told. The servants meanwhile filled his fancy
with ghosts and hobgoblins. To the end of
his days he was still haunted by the imaginary
horrors in the dark,(4*) and he says(5*)
that they had been among the torments of
his life. He had few companions of his own
age, and though he was 'not unhappy' and
was never subjected to corporal punishment,
he felt more awe than affection for his father.
His mother, to whom he was strongly attached,
died on 6th January 1759.
Bentham was thus a strangely precocious,
and a morbidly sensitive child, when it was
decided in 1755 to send him to Westminster.
The headmaster, Dr Markham, was a friend
of his father's. Westminster, he says, represented
'hell' for him when Browning Hill stood for
paradise. The instruction 'was wretched.'
The fagging system was a 'horrid despotism.'
The games were too much for his strength.
His industry, however, enabled him to escape
the birch, no small achievement in those
days,(6*) and he became distinguished in
the studies such as they were. He learned
the catechism by heart, and was good at Greek
and Latin verses, which he manufactured for
his companions as well as himself. He had
also the rarer accomplishment, acquired from
his early tutor, of writing more easily in
French than English. Some of his writings
were originally composed in French. He was,
according to Bowring, elected to one of the
King's scholarships when between nine and
ten, but as 'ill-usage was apprehended' the
appointment was declined.(7*) He was at a
boarding-house, and the life of the boys
on the foundation was probably rougher. In
June 1760 his father took him to Oxford,
and entered him as a commoner at Queen's
College. He came into residence in the following
October, when only twelve years old. Oxford
was not more congenial than Westminster.
He had to sign the Thirty-nine Articles in
spite of scruples suppressed by authority.
The impression made upon him by this childish
compliance never left him to the end of his
life.(8*) His experience resembled that of
Adam Smith and Gibbon. Laziness and vice
were prevalent. A gentleman commoner of Queen's
was president of a 'hellfire club,' and brutal
horseplay was still practised upon the weaker
lads. Bentham, still a schoolboy in age,
continued his schoolboy course. He wrote
Latin verses, and one of his experiments,
an ode upon the death of George II, was sent
to Johnson, who called it 'a very pretty
performance for a young man.' He also had
to go through the form of disputation in
the schools. Queen's College had some reputation
at this time for teaching logic.(9*) Bentham
was set to read Watt's Logic (1725), Sanderson's
Compendium artis Logicae, (1615), and Rowning's
Compendious System of Natural Philosophy
(1735-42). Some traces of these studies remained
in his mind.
In 1763 Bentham took his B. A. degree, and
returned to his home. lt is significant that
when robbed of all his money at Oxford he
did not confide in his father. He Was paying
by a morbid reserve for the attempts made
to force him into premature activity. He
accepted the career imposed by his father's
wishes, and in November 1763 began to eat
his dinners in Lincoln's Inn. He returned,
however, to Oxford in December to hear Blackstone's
lectures. These lectures were then a novelty
at an English university. The Vinerian professorship
had been founded in 1758 in consequence of
the success of a course voluntarily given
by Blackstone; and his lectures contained
the substance of the famous Commentaries,
first published 1765-1769. They had a great
effect upon Bentham. He says that he 'immediately
detected Blackstone's fallacy respecting
natural rights,' thought other doctrines
illogical, and was so much occupied by these
reflections as to be unable to take notes.
Bentham's dissatisfaction with Blackstone
had not yet made him an opponent of the constituted
order. He was present at some of the proceedings
against Wilkes, and was perfectly bewitched
by Lord Mansfield's 'Grimgibber' that is,
taken in by his pompous verbiage.(10*)
In 1765 his father married Mrs Abbot, the
mother of Charles Abbot, afterwards Lord
Colchester. Bentham's dislike of his step-mother
increased the distance between him and his
father. He took his M. A. degree in 1766
and in 1767 finally left Oxford for London
to begin, as his father fondly hoped, a fight
towards the woolsack. The lad's diffidence
and extreme youth had indeed prevented him
from forming the usual connections which
his father anticipated as the result of a
college life. His career as a barrister was
short and grievously disappointing to the
parental hopes. His father, like the Elder
Fairford in Redgauntlet, had 'a cause or
two at nurse' for the son. The son's first
thought was to 'put them to death.' A brief
was given to him in a suit, upon which £50
depended. He advised that the suit should
be dropped and the money saved. Other experiences
only increased his repugnance to his profession.(11*)
A singularly strong impression had been made
upon him by the Memoirs of Teresa Constantia
Phipps, in which there is an account of vexatious
legal proceedings as to the heroine's marriage.
He appears to have first read this book in
1759. Then, he says, the 'Demon of Chicane
appeared to me in all his hideousness. I
vowed war against him. My vow has been accomplished!'(12*)
Bentham thus went to the bar as a 'bear to
the stake.' He diverged in more than one
direction. He studied chemistry under Fordyce
(1736-1802), and hankered after physical
science. He was long afterwards (1788) member
of a club to which Sir Joseph Banks, John
Hunter, R. L. Edgeworth, and other men of
scientific reputation belonged.(13*) But
he had drifted into a course of speculation,
which, though more germane to legal studies,
was equally fatal to professional success.
The father despaired, and he was considered
to be a 'lost child.'
II. FIRST WRITINGS
Though lost to the bar, he had really found
himself. He had taken the line prescribed
by his idiosyncrasy. His father's injudicious
forcing had increased his shyness at the
bar, and he was like an owl in daylight.
But no one, as we shall see, was less diffident
in speculation. Self-confidence in a philosopher
is often the private credit which he opens
with his imagination to compensate for his
incapacity in the rough struggles of active
life. Bentham shrank from the world in which
he was easily browbeaten to the study in
which he could reign supreme. He had not
the strong passions which prompt commonplace
ambition, and cared little for the prizes
for which most men will sacrifice their lives.
Nor, on the other hand, can he be credited
with that ardent philanthropy or vehement
indignation which prompts to an internecine
struggle with actual wrongdoers. He had not
the ardour which led Howard to devote a life
to destroy abuses, or that which turned Swift's
blood to gall in the struggle against triumphant
corruption. He was thoroughly amiable, but
of kindly rather than energetic affections.
He, therefore, desired reform, but so far
from regarding the ruling classes with rancour,
took their part against the democrats. 'I
was a great reformist,' he says, 'but never
suspected that the "people in power"
were against reform. I supposed they only
wanted to know what was good in order to
embrace it.'(14*) The most real of pleasures
for him lay in speculating upon the general
principles by which the 'people in power'
should be guided. To construct a general
chart for legislation, to hunt down sophistries,
to explode mere noisy rhetoric, to classify
and arrange and re-classify until his whole
intellectual wealth was neatly arranged in
proper pigeon-holes, was a delight for its
own sake. He wished well to mankind; he detested
abuses, but he hated neither the corrupted
nor the corruptors; and it might almost seem
that he rather valued the benevolent end,
because it gave employment to his faculties,
than valued the employment because it led
to the end. This is implied in his remark
made at the end of his life. He was, he said,
as selfish as a man could be; but 'somehow
or other' selfishness had in him taken the
form of benevolence.(15*) He was at any rate
in the position of a man with the agreeable
conviction that he has only to prove the
wisdom of a given course in order to secure
its adoption. Like many mechanical inventors,
he took for granted that a process which
was shown to be useful would therefore be
at once adopted, and failed to anticipate
the determined opposition of the great mass
of 'vested interests' already in possession.
At this period he made the discovery, or
what he held to be the discovery, which governed
his whole future career. He laid down the
principle which was to give the clue to all
his investigations; and, as he thought, required
only to be announced to secure universal
acceptance. When Bentham revolted against
the intellectual food provided at school
and college, he naturally took up the philosophy
which at that period represented the really
living stream of thought. To be a man of
enlightenment in those days was to belong
to the school of Locke. Locke represented
reason, free thought, and the abandonment
of prejudice. Besides Locke, he mentions
Hume, Montesquieu, Helvétius, Beccaria, and
Barrington. Helvétius especially did much
to suggest to him his leading principle,
and upon country trips which he took with
his father and step-mother, he used to lag
behind studying Helvétius' De l'Esprit.(16*)
Locke, he says in an early note (1773-1774),
should give the principles, Helvétius the
matter, of a complete digest of the law.
He mentions with especial interest the third
volume of Hume's Treatise on Human Nature
for its ethical views: 'he felt as if scales
fell from his eyes' when he read it.(17*)
Daines Barrington's Observations on the Statutes
(1766) interested him by miscellaneous suggestions.
The book, he says,(18*) was a 'great treasure.'
'It is everything, à propos of everything;
I wrote volumes upon this volume.' Beccaria's
treatise upon crimes and punishments had
appeared in 1764, and had excited the applause
of Europe. The world was clearly ready for
a fundamental reconstruction of legislative
theories. Under the influence of such studies
Bentham formulated his famous principle
-- a principle which to some seemed a barren
truism, to others a mere epigram, and to
some a dangerous falsehood. Bentham accepted
it not only as true, but as expressing a
truth of extraordinary fecundity, capable
of guiding him through the whole labyrinth
of political and legislative speculation.
His 'fundamental axiom' is that 'the greatest
happiness of the greatest number is the measure
of right and wrong.'(19*) Bentham himself(20*)
attributes the authorship of the phrase to
Beccaria or Priestley. The general order
of thought to which this theory belongs was
of course not the property of any special
writer or any particular period. Here I need
only observe that this embodiment of the
general doctrine of utility or morality had
been struck out by Hutcheson in the attempt
(as his title says) 'to introduce a mathematical
calculation on subjects of morality.' This
defines the exact reason which made it acceptable
to Bentham. For the vague reference to utility
which appears in Hume and other writers of
his school, he substituted a formula, the
terms of which suggest the possibility of
an accurate quantitative comparison of different
sums of happiness. In Bentham's mind the
difference between this and the more general
formula was like the difference between the
statement that the planets gravitate towards
the sun, and the more precise statement that
the law of gravitation varies inversely as
the square of the distance. Bentham hoped
for no less an achievement than to become
the Newton of the moral world.
Bentham, after leaving Oxford, took chambers
in Lincoln's Inn. His father on his second
marriage had settled some property upon him,
which brought in some £90 a year. He had
to live like a gentleman upon this, and to
give four guineas a year to the laundress,
four to his barber, and two to his shoeblack.
In spite of Jeremy's deviation from the path
of preferment, the two were on friendly terms,
and when the hopes of the son's professional
success grew faint, the father showed sympathy
with his literary undertakings. Jeremy visited
Paris in 1770, but made few acquaintances,
though he was already regarded as a 'philosopher.'
In 1778 he was in correspondence with d'Alembert,
the abbé Morellet, and other philanthropic
philosophers, but it does not appear at what
time this connection began.(21*) He translated
Voltaire's Taureau Blonc(22*) -- a story
which used to 'convulse him with laughter.'
A reference to it will show that Bentham
by this time took the Voltairean view of
the Old Testament. Bentham, however, was
still on the side of the Tories. His first
publication was a defence of Lord Mansfield
in 1770 against attacks arising out of the
prosecution of Woodfall for publishing Junius's
letter to the king. This defence, contained
in two letters, signed Irenaeus, was published
in the Gazetteer. Bentham's next performance
was remarkable in the same sense. Among the
few friends who drifted to his chambers was
John Lind (1737-1781), who had been a clergyman,
and after acting as tutor to a prince in
Poland, had returned to London and become
a writer for the press. He had business relations
with the elder Bentham, and the younger Bentham
was to some extent his collaborator in a
pamphlet(23*) which defended the conduct
of ministers to the American colonies. Bentham
observes that he was prejudiced against the
Americans by the badness of their arguments,
and thought from the first, as he continued
to think, that the Declaration of independence
was a hodge-podge of confusion and absurdity,
in which the thing to be proved is all along
taken for granted.(24*) Two other friendships
were formed by Bentham about this time: one
with James Trail, an unsuccessful barrister,
who owed a seat in Parliament and some minor
offices to Lord Hertford, and is said by
Romilly to have been a man of great talent;
and one with George Wilson, afterwards a
leader of the Norfolk circuit, who had become
known to him through a common interest in
Dr Fordyce's lectures upon chemistry. Wilson
became a bosom friend, and was one of Bentham's
first disciples, though they were ultimately
alienated.(25*)
At this time, Bentham says, that his was
'truly a miserable life.'(26*) yet he was
getting to work upon his grand project. He
tells his father on 1st October 1776 that
he is writing his Critical Elements of Jurisprudence,
the book of which a part was afterwards published
as the Introduction to the Principles of
Morals and Legislation.(27*) In the same
year he published his first important work,
the Fragment on Government. The year was
in many ways memorable. The Declaration of
Independence marked the opening of a new
political era. Adam Smith's Wealth of Nations
and Gibbon's Decline and Fall formed landmarks
in speculation and in history; and Bentham's
volume, though it made no such impression,
announced a serious attempt to apply scientific
methods to problems of legislation. The preface
contained the first declaration of his famous
formula which was applied to the confutation
of Blackstone: Bentham was apparently roused
to this effort by recollections of the Oxford
lectures. The Commentaries contained a certain
quantity of philosophical rhetoric; and as
Blackstone was much greater in a literary
than in a philosophical sense, the result
was naturally unsatisfactory from a scientific
point of view. He had vaguely appealed to
the sound Whig doctrine of social compact,
and while disavowing any strict historical
basis had not inquired too curiously what
was left of his supposed foundation. Bentham
pounced upon the unfortunate bit of verbiage;
insisted upon asking for a meaning when there
was nothing but a rhetorical flourish, and
tore the whole flimsy fabric to rags and
tatters. A more bitter attack upon Blackstone,
chiefly, as Bowring says, upon his defence
of the Jewish law, was suppressed for fear
of the law of libel.(28*) The Fragment was
published anonymously, but Bentham had confided
the secret to his father by way of suggesting
some slight set-off against his apparent
unwillingness to emerge from obscurity. The
book was at first attributed to Lord Mansfield,
Lord Camden, and to Dunning. It was pirated
in Dublin; and most of the five hundred copies
printed appear to have been sold, though
without profit to the author. The father's
indiscretion let out the secret; and the
sale, when the book was known to be written
by a nobody, fell off at once, or so Bentham
believed. The anonymous writer, however,
was denounced and accused of being the author
of much ribaldry, and among other accusations
was said to be not only the translator but
the writer of the White Bull.(29*)
Bentham had fancied that all manner of 'torches
from the highest regions' would come to light
themselves at his 'farthing candle.' None
of them came, and he was left for some years
in obscurity, though still labouring at the
great work which was one day to enlighten
the world. At last, however, partial recognition
came to him in a shape which greatly influenced
his career. Lord Shelburne, afterwards marquis
of Lansdowne, had been impressed by the Fragment,
and in 1781 sought out Bentham at his chambers.
Shelburne's career was to culminate in the
following year with his brief tenure of the
premiership (3rd July 1782 to 24th February
1783). Rightly or wrongly his contemporaries
felt the distrust indicated by his nickname
'Malagrida', which appears to have been partly
suggested by a habit of overstrained compliment.
He incurred the dislike not unfrequently
excited by men who claim superiority of intellect
without possessing the force of character
which gives a corresponding weight in political
affairs. Although his education had been
bad, he had something of that cosmopolitan
training which enabled many members of the
aristocracy to look beyond the narrow middle-class
prejudices and share in some degree the wider
philosophical movements of the day. He had
enjoyed the friendship of Franklin, and had
been the patron of Priestley, who made some
of his chemical discoveries at Bowood, and
to whom he allowed an annuity. He belonged
to that section of the Whigs which had most
sympathy with the revolutionary movement.
His chief political lieutenants were Dunning
and Barré, who at the time sat for his borough
Calne. He now rapidly formed an intimacy
with Bentham, who went to stay at Bowood
in the autumn of 1781. Bentham now and then
in later years made some rather disparaging
remarks upon Shelburne, whom he apparently
considered to be rather an amateur than a
serious philosopher, and who in the House
of Lords talked 'vague generalities' -- the
sacred phrase by which the Utilitarians denounced
all preaching but their own -- in a way to
impose upon the thoughtless. He respected
Shelburne. however, as one who trusted the
people, and was distrusted by the Whig aristocracy.
He felt, too, a real affection and gratitude
for the patron to whom he owed so much. Shelburne
had done him a great service.(30*) 'He raised
me from the bottomless pit of humiliation.
He made me feel I was something.' The elder
Bentham was impressed by his son's acquaintance
with a man in so eminent a position, and
hoped that it might lead by a different path
to the success which had been missed at the
bar. At Bowood Bentham stayed over a month
upon his first visit, and was treated in
the manner appropriate to a philosopher.
The men showed him friendliness, dashed with
occasional contempt, and the ladies petted
him. He met Lord Camden and Dunning and young
William Pitt, and some minor adherents of
the great man. Pitt was 'very good-natured
and a little raw.' I was monstrously 'frightened
at him,' but, when I came to talk with him,
he seemed 'frightened at me.'(31*) Bentham,
however, did not see what ideas they were
likely to have in common. In fact there was
the usual gulf between the speculative thinker
and the practical man. 'All the statesmen,'
so thought the philosopher, 'were wanting
in the great elements of statesmanship':
they were always talking about 'what was'
and seldom or never about 'what ought to
be.'(32*) Occasionally, it would seem, they
descended lower, and made a little fun of
the shy and over-sensitive intruder.(33*)
The ladies, however, made it up to him. Shelburne
made him read his 'dry metaphysics' to them,(34*)
and they received it with feminine docility.
Lord Shelburne had lately (1779) married
his second wife, Louisa, daughter of the
first earl of Upper Ossory. Her sister, Lady
Mary Fitz-Patrick, married in 1766 to Stephen
Fox, afterwards Lord Holland, was the mother
of the Lord Holland of later days and of
Miss Caroline Fox, who survived till 1845,
and was at this time a pleasant girl of thirteen
or fourteen. Lady Shelburne had also two
half sisters, daughters of her mother's second
marriage to Richard Vernon. Lady Shelburne
took a fancy to Bentham, and gave him the
'prodigious privilege' of admission to her
dressing-room. Though haughty in manner,
she was mild in reality, and after a time
she and her sister indulged in 'innocent
gambols.' In her last ill ness, Bentham was
one of the only two men whom she would see,
and upon her death in 1789, he was the only
male friend to whom her husband turned for
consolation. Miss Fox seems to have been
the only woman who inspired Bentham with
a sentiment approaching to passion. He wrote
occasional letters to the ladies in the tone
of elephantine pleasantry natural to one
who was all his life both a philosopher and
a child.(35*) He made an offer of marriage
to Miss Fox in
1805, when he was nearer sixty than fifty,
and when they had not met for sixteen years.
The immediate occasion was presumably the
death of Lord Lansdowne. She replied in a
friendly letter, regretting the pain which
her refusal would inflict. In 1827 Bentham,
then in his eightieth year, wrote once more,
speaking of the flower she had given him
'in the green lane,' and asking for a kind
answer. He was 'indescribably hurt and disappointed'
by a cold and distant reply. The tears would
come into the old man's eyes as he dealt
upon the cherished memories of Bowood.(36*)
It is pleasant to know that Bentham was once
in love; though his love seems to have been
chiefly for a memory associated with what
he called the happiest time of his life.
Shelburne had a project for a marriage between
Bentham and the widow of Lord Ashburton (Dunning),
who died in 1783.(37*) He also made some
overtures of patronage. 'He asked me,' says
Bentham,(38*) 'what he could do for me? I
told him, nothing,' and this conduct -- so
different from that of others, 'endeared
me to him.' Bentham declined one offer in
1788; but in 1790 he suddenly took it into
his head that Lansdowne had promised him
a seat in parliament; and immediately set
forth his claims in a vast argumentative
letter of sixty-one pages.(39*) Lansdowne
replied conclusively that he had not made
the supposed promise, and had had every reason
to suppose that Bentham preferred retirement
to politics. Bentham accepted the statement
frankly, though a short coolness apparently
followed. The claim, in fact, only represented
one of those passing moods to which Bentham
was always giving way at odd moments.
Bentham's intimacy at Bowood led to more
important results. In 1788 he met Romilly
and Dumont at Lord Lansdowne's table.(40*)
He had already met Romilly in 1784 through
Wilson, but after this the intimacy became
close. Romilly had fallen in love with the
Fragment, and in later life he became Bentham's
adviser in practical matters, and the chief
if not the sole expounder of Bentham's theories
in parliament.(41*) The alliance with Dumont
was of even greater importance. Dumont, born
at Geneva in 1759, had become a Protestant
minister; he was afterwards tutor to Shelburne's
son, and in 1788 visited Paris with Romilly
and made acquaintance with Mirabeau. Romilly
showed Dumont some of Bentham's papers written
in French. Dumont offered to rewrite and
to superintend their publication. He afterwards
received other papers from Bentham himself,
with whom he became personally acquainted
after his return from Paris.(42*) Dumont
became Bentham's most devoted disciple, and
laboured unweariedly upon the translation
and condensation of his master's treatise.
One result is odd enough. Dumont, it is said,
provided materials for some of Mirabeau's
'most splendid' speeches; and some of these
materials came from Bentham.(43*) One would
like to see how Bentham's prose was transmuted
into an oratory by Mirabeau. In any case,
Dumont's services to Bentham were invaluable.
It is painful to add that according to Bowring
the two became so much alienated in the end,
that in 1827 Bentham refused to see Dumont,
and declared that his chief interpreter did
'not understand a word of his meaning.' Bowring
attributes this separation to a remark made
by Dumont about the shabbiness of Bentham's
dinners as compared with those at Lansdowne
House -- a comparison which he calls 'offensive,
uncalled for, and groundless.'(44*) Bentham
apparently argued that a man who did not
like his dinners could not appreciate his
theories: a fallacy excusable only by the
pettishness of old age. Bowring, however,
had a natural dulness which distorted many
anecdotes transmitted through him; and we
may hope that in this case there was some
exaggeration.
Bentham's emergence was, meanwhile, very
slow. The great men whom he met at Lord Lansdowne's
were not specially impressed by the shy philosopher.
Wedderburn, so he heard, pronounced the fatal
word 'dangerous' in regard to the Fragment.(45*)
How, thought Bentham, can utility be dangerous?
Is this not self-contradictory? Later reflection
explained the puzzle. What is useful to the
governed need not be therefore useful to
the governors. Mansfield, who was known to
Lind, said that in some parts the author
of the Fragment was awake and in others was
asleep. In what parts? Bentham wondered.
Awake, he afterwards considered, in the parts
where Blackstone, the object of Mansfield's
personal 'heart-burning,' was attacked; asleep
where Mansfield's own despotism was threatened.
Camden was contemptuous; Dunning only 'scowled'
at him; and Barré, after taking in his book,
gave it back with the mysterious information
that he had 'got into a scrape.'(46*) The
great book, therefore, though printed in
1781,(47*) 'stuck for eight years,'(48*)
and the writer continued his obscure existence
in Lincoln's Inn.(49*) An opinion which he
gave in some question as to the evidence
in Warren Hastings's trial made, he says,
an impression in his favour. Before publication
was achieved, however, a curious episode
altered Bentham's whole outlook. His brother
Samuel (1757-1831), whose education he had
partly superintended,(50*) had been apprenticed
to a shipwright at Woolwich, and in 1780
had gone to Russia in search of employment.
Three years later he was sent by Prince Potemkin
to superintend a great industrial establishment
at Kritchev on a tributary of the Dnieper.
There he was to be 'Jack-of-all-trades --
building ships, like Harlequin, of odds and
ends -- a rope-maker, a sailmaker, a distiller,
brewer, malster, tanner, glass-man, glass-grinder,
potter, hemp-spinner, smith, and coppersmith.'(51*)
He was, that is, to transplant a fragment
of ready-made Western civilisation into Russia.
Bentham resolved to pay a visit to his brother,
to whom he Was strongly attached. He left
England in August 1785, and stayed some time
at Constantinople, where he met Maria James
(1770-1836), the wife successively of W.
Reveley and of John Gisborne, and the friend
of Shelley. Thence he travelled by land to
Kritchev, and settled with his brother at
the neighbouring estate of Zadobras. Bentham
here passed a secluded life, interested in
his brother's occupations and mechanical
inventions, and at the same time keeping
up his own intellectual labours. The most
remarkable result was the Defence of Usury,
written in the beginning of 1787. Bentham
appends to it a respectful letter to Adam
Smith, who had supported the laws against
usury inconsistently with his own general
principles. The disciple was simply carrying
out those principles to the logical application
from which the master had shrunk. The manuscript
was sent to Wilson, who wished to suppress
it.(52*) The elder Bentham obtained it, and
sent it to the press. The book met Bentham
was returning. It was highly praised by Thomas
Reid,(53*) and by the Monthly Review; it
was translated into various languages, and
became one of the sacred books of the Economists.
Wilson is described as 'cold and cautious,'
and he suppressed another pamphlet upon prison
discipline.(54*) In a letter to Bentham,
dated 26th February 1787, however, Wilson
disavows any responsibility for the delay
in the publication of the great book. 'The
cause,' he says, 'lies in your constitution.
With one-tenth part of your genius, and a
common degree of steadiness, both Sam and
you would long since have risen to great
eminence. But your history, since I have
known you, has been to be always running
from a good scheme to a better. In the meantime
life passes away and nothing is completed.'
He entreated Bentham to return, and his entreaties
were seconded by Trail, who pointed out various
schemes of reform, especially of the poor-laws,
in which Bentham might be useful. Wilson
had mentioned already another inducement
to publication. 'There is,' he says, on 24th
September 1786, 'a Mr Paley, a parson and
archdeacon of Carlisle, who has written a
book called Principles of Moral and Political
Philosophy, in quarto, and it has gone through
two editions with prodigious applause.' He
fears that Bentham will be charged with stealing
from Paley, and exhorts him to come home
and 'establish a great literary reputation
in your own language, and in this country
which you despise.'(55*) Bentham at last
started homewards. He travelled through Poland,
Germany, and Holland, and reached London
at the beginning of February 1788. He settled
at a little farmhouse at Hendon, bought a
'superb harpsichord,' resumed his occupations,
and saw a small circle of friends. Wilson
urged him to publish his Introduction without
waiting to complete the vast scheme to which
it was to be a prologue. Copies of the printed
book were already abroad, and there was a
danger of plagiarism. Thus urged, Bentham
at last yielded, and the Introduction to
the Principles of Morals and Legislation
appeared in 1789. The preface apologised
for imperfections due to the plan of his
work. The book, he explained, laid down the
principles of all his future labours, and
was to stand to him in the relation of a
treatise upon pure mathematics to a treatise
upon the applied sciences. He indicated ten
separate departments of legislation, each
of which would require a treatise in order
to the complete execution of his scheme.
The book gives the essence of Bentham's theories,
and is the one large treatise published by
himself. The other works were only brought
to birth by the help of disciples. Dumont,
in the discourse prefixed to the Traités,
explains the reason. Bentham, he says, would
suspend a whole work and begin a new one
because a single proposition struck him as
doubtful. A problem of finance would send
him to a study of Political Economy in general.
A question of procedure would make him pause
until he had investigated the whole subject
of judicial organisation. While at work,
he felt only the pleasure of composition.
When his materials required form and finish,
he felt only the fatigue. Disgust succeeded
to charm; and he could scarcely be induced
to interrupt his labours upon fresh matter
in order to give to his interpreter the explanations
necessary for the elucidation of his previous
writings. He was without the literary vanity
or the desire for completion which may prompt
to premature publication, but may at least
prevent the absolute waste of what has been
already achieved. His method of writing was
characteristic. He began by forming a complete
logical scheme for the treatment of any subject,
dividing and subdividing so as to secure
an exhaustive classification of the whole
matter of discussion. Then taking up any
subdivision, he wrote his remarks upon sheets,
which were put aside after being marked with
references indicating their place in the
final treatise. He never turned to these
again. In time he would exhaust the whole
subject, and it would then be the duty of
his disciples simply to put together the
bricks according to the indications placed
upon each in order to construct the whole
edifice.(56*) As, however, the plan would
frequently undergo a change, and as each
fragment had been written without reference
to the others, the task of ultimate combination
and adaptation of the ultimate atoms was
often very perplexing. Bentham, as we shall
see, formed disciples ardent enough to put
together these scattered documents as the
disciples of Mahomet put together the Koran.
Bentham's revelation was possibly less influential
than Mahomet's; but the logical framework
was far more coherent.
Bentham's mind was for the present distracted.
He had naturally returned full of information
about Russia. The English ministry were involved
in various negotiations with Russia, Sweden,
and Denmark, the purpose of which was to
thwart the designs of Russia in the East.
Bentham wrote three letters to the Public
Advertiser, signed Anti-Machiavel,(57*) protesting
against the warlike policy. Bentham himself
believed that the effect was decisive, and
that the 'war was given up' in consequence
of his arguments. Historians (58*) scarcely
sanction this belief, which is only worth
notice because it led to another belief,
oddly characteristic of Bentham. A letter
signed 'Partizan' in the Public Advertiser
replied to his first two letters. Who was
'Partizan'? Lord Lansdowne amused himself
by informing Bentham that he was no less
a personage than George III. Bentham, with
even more than his usual simplicity, accepted
this hoax as a serious statement. He derived
no little comfort from the thought; for to
the antipathy thus engendered in the 'best
of kings' he attributed the subsequent failure
of his Panopticon scheme.(59*)
III. THE PANOPTICON.
The crash of the French revolution was now
to change the whole course of European politics,
and to bring philosophical jurists face to
face with a long series of profoundly important
problems. Bentham's attitude during the early
stages of the revolution and the first war
period is significant, and may help to elucidate
some characteristics of the Utilitarian movement.
Revolutions are the work of passion: the
product of a social and political condition
in which the masses are permeated with discontent,
because the social organs have ceased to
discharge their functions. They are not ascribable
to the purely intellectual movement alone,
though it is no doubt an essential factor.
The revolution came in any case because the
social order was out of joint, not simply
because Voltaire or Rousseau or Diderot had
preached destructive doctrines. The doctrines
of the 'rights of man' are obvious enough
to have presented themselves to many minds
at many periods. The doctrines became destructive
because the old traditions were shaken, and
the traditions were shaken because the state
of things to which they corresponded had
become intolerable. The French evolution
meant
(among other things) that in the mind of
the French peasant there had accumulated
a vast deposit of bitter enmity against the
noble who had become a mere parasite upon
the labouring population, retaining, as Arthur
Young said, privileges for himself, and leaving
poverty to the lower classes. The peasant
had not read Rousseau; he had read nothing.
But when his discontent began to affect the
educated classes, men who had read Rousseau
found in his works the dialect most fitted
to express the growing indignation. Rousseau's
genius had devised the appropriate formula;
for Rousseau's sensibility had made him prescient
of the rising storm. What might be a mere
commonplace for speculative students suddenly
became the warcry in a social upheaval. In
England, as I have tried to show, there was
no such popular sentiment behind the political
theories: and reformers were content with
measures which required no appeal to absolute
rights and general principles. Bentham was
no Rousseau; and the last of men to raise
a warcry. Passion and sentimentalism were
to him a nuisance. His theories were neither
suggested nor modified by the revolution.
He looked on with curious calmness, as though
the revolutionary disturbances were rather
a transitory interruption to the progress
of reform than indicative of a general convulsion.
His own position was isolated. He had no
strong reforming party behind him. The Whigs,
his main friends, were powerless, discredited,
and themselves really afraid to support any
vigorous policy. They had in the main to
content themselves with criticising the warlike
policy which, for the time, represented the
main current of national sentiment. Bentham
shared many of their sympathies. He hated
the abstract 'rights of man' theory as heartily
as Burke. It was to him a 'hodge-podge' of
fallacies. On the other hand, he was absolutely
indifferent to the apotheosis of the British
Constitution constructed by Burke's imagination.
He cared nothing for history in general,
or regarded it, from a Voltairean point of
view, as a record of the follies and crimes
of mankind. He wished to deal with political,
and especially with legal, questions in a
scientific spirit -- but 'scientific' would
mean not pure mathematics but pure empiricism.
He was quite as far from Paine's abstract
methods as from Burke's romantic methods.
Both of them, according to him, were sophists:
though one might prefer logical and the other
sentimental sophistries. Dumont, when he
published (1802) his versions of Bentham,
insisted upon this point, Nothing, he says,
was more opposed to the trenchant dogmatism
of the abstract theorists about 'rights of
man' and 'equality' than Bentham's thoroughly
scientific procedure
(Discours Préliminaire). Bentham's intellectual
position in this respect will require further
consideration hereafter. All his prejudices
and sympathies were those of the middle class
from which he sprang. He was no democrat:
he had no particular objection to the nobility,
though he preferred Shelburne to the king's
friends or to the Whig aristocracy. The reforms
which he advocated were such as might be
adopted by any enlightened legislator, not
only by Shelburne but even by Blackstone.
He had only, he thought, to convert a few
members of parliament to gain the acceptance
for a rational criminal code. It had hardly
even occurred to him that there was anything
wrong in the general political order, though
he was beginning to find out that it was
not so modifiable as he could have wished
by the new ideas which he propounded.
Bentham's activity during the first revolutionary
war corresponded to this position. The revolution,
whatever else it might do, obviously gave
a chance to amateur legislators. There was
any amount of work to be done in the way
of codifying and reforming legislative systems.
The deviser of Utopias had such an opening
as had never occurred in the world's history.
Lord Lansdowne, on the 3rd January 1789,
expresses his pleasure at hearing that Bentham
intends to 'take up the cause of the people
in France.'(60*) Bentham, as we have seen,
was already known to some of the French leaders,
and he was now taking time by the forelock.
He sent to the Abbé Morellet a part of his
treatise on Political Tactics, hoping to
have it finished by the time of the meeting
of the States General.(61*) This treatise,
civilly accepted by Morellet, and approved
with some qualifications by Bentham's counsellors,
Romilly, Wilson, and Trail, was an elaborate
account of the organisation and procedure
of a legislative assembly, founded chiefly
on the practice of the House of Commons.
It was published in 1816 by Dumont in company
with Anarchic Fallacies, a vigorous exposure
of the Declaration of Rights, which Bentham
had judiciously kept on his shelf. Had the
French known of it, he remarks afterwards,
they would have been little disposed to welcome
him.(62*) An elaborate scheme for the organisation
of the French judiciary was suggested by
a report to the National Assembly, and published
in March 1790. In 1791, Bentham offered to
go to France himself in order to establish
a prison on his new scheme (to be mentioned
directly), and become 'gratuitously the gaoler
thereof,'(63*) The Assembly acknowledged
his 'ardent love of humanity,' and ordered
an extract from his scheme to be printed
for their instruction. The tactics actually
adopted by the French revolutionists for
managing assemblies and their methods of
executing justice form a queer commentary
on the philosopher who, like Voltaire's Mamres
in the White Bull, continued to 'meditate
profoundly' in placid disregard of facts.
He was in fact proposing that the lava boiling
up in a volcanic eruption should arrange
itself entirely according to his architectural
designs. But his proposal to become a gaoler
during the revolution reaches the pathetic
by its amiable innocence. On 26th August
1792, Bentham was one of the men upon whom
the expiring Assembly, anxious to show its
desire of universal fraternity, conferred
the title of citizen. With Bentham were joined
Priestley, Paine, Wilberforce, Clarkson,
Washington, and others. The September massacres
followed. On 18th October the honour was
communicated to Bentham. He replied in a
polite letter, pointing out that he was a
royalist in London for the same reason which
would make him a republican in France. He
ended by a calm argument against the proscription
of refugees.(64*) The Convention, if it read
the letter, and had any sense of humour,
must have been amused. The war and the Reign
of Terror followed. Bentham turned the occasion
to account by writing a pamphlet (not then
published) exhorting the French to 'emancipate
their colonies.' Colonies were an aimless
burthen, and to get rid of them would do
more than conquest to relieve their finances.
British fleets and the insurrection of St.
Domingo were emancipating by very different
methods.
Bentham was, of course, disgusted by the
divergence of his clients from the lines
chalked out by proper respect for law and
order. On 31st October 1793 he writes to
a friend, expressing his wish that Jacobinism
could be extirpated; no price could be too
heavy to pay for such a result: but he doubts
whether war or peace would be the best means
to the end, and protests against the policy
of appropriating useless and expensive colonies
instead of 'driving at the heart of the monster.'(65*)
Never was an adviser more at cross-purposes
with the advised. It would be impossible
to draw a more striking portrait of the abstract
reasoner, whose calculations as to human
motives omit all reference to passion, and
who fancied that all prejudice can be dispelled
by a few bits of logic.
Meanwhile a variety of suggestions more or
less important and connected with passing
events were seething in his fertile brain.
He wrote one of his most stinging pamphlets,
'Truth versus Ashhurst' in December 1792,
directed against a judge who, in the panic
suggested by the September massacres, had
eulogised the English laws. Bentham's aversion
to Jacobin measures by no means softened
his antipathy to English superstitions; and
his attack was so sharp that Romilly advised
and obtained its suppression for the time.
Projects as to war-taxes suggested a couple
of interesting pamphlets written in 1793,
and published in 1795. In connection with
this, schemes suggested themselves to him
for improved systems of patents, for limited
liability companies and other plans.(66*)
His great work still occupied him at intervals.
In 1793 he offers to Dundas to employ himself
in drafting Statutes, and remarks incidentally
that he could legislate for Hindostan, should
legislation be wanted there, as easily as
for his own parish.(67*) In 1794, Dumont
is begging him to 'conquer his repugnance'
to bestowing a few hints upon his interpreter.(68*)
In 1796, Bentham writes long letters suggesting
that he should be sent to France with Wilberforce,
in order to re-establish friendly relations.(69*)
In 1798 he is corresponding at great length
with Patrick Colquhoun upon plans for improving
the Metropolitan police.(70*) In 1801 he
says(71*) that for two years and a half 'he
has thought of scarce anything else' than
a plan for interest-bearing notes, which
he carefully elaborated and discussed with
Nicholas Vansittart and Dr Beeke. In September
1800, however, he had found time to occupy
himself with a proposed frigidarium or ice-house
for the preservation of fish, fruits, and
vegetables; and invited Dr Roget, a nephew
of Romilly, to come to his house and carry
out the necessary experiments.(72*) In January
1802 he writes to Dumont(73*) proposing to
send him a trifling specimen of the Panopticon,
a set of hollow fire-irons invented by his
brother, which may attract the attention
of Buonaparte and Talleyrand. He proceeds
to expound the merits of Samuel's invention
for making wheels by machinery. Dumont replies,
that fire-irons are 'superfluities' -- (fire-arms
might have been more to Buonaparte's taste)
and that the Panopticon itself was coldly
received.
This Panopticon was to be Bentham's masterpiece.
It occupied his chief attention from his
return to England until the peace of Amiens.
His brother had returned from Russia in 1791.
Their father died 28th March 1792, dividing
his property equally between his sons. Jeremy's
share consisted of the estate at Queen's
Square Place, Westminster, and of landed
property producing £ 500 or £600 a year.
The father, spite of the distance between
them, had treated his son with substantial
kindness, and had learned to take a pride
in achievements very unlike those which he
had at first desired.(74*) Bentham's position,
however, was improved by the father's death.
The Westminster estate included the house
in which he lived for the rest of his life.
There was a garden in which he took great
delight, though London smoke gradually destroyed
the plants: and in the garden was the small
house where Milton had once lived.(75*) Here,
with the co-operation of his brother and
his increased income, he had all the means
necessary for launching his grand scheme.
The Panopticon, as defined by its inventor
to Brissot, was a 'mill for grinding rogues
honest, and idle men industrious.'(76*) It
was suggested by a plan designed by his brother
in Russia for a large house to be occupied
by workmen, and to be so arranged that they
could be under constant inspection. Bentham
was working on the old lines of philanthropic
reform. He had long been interested in the
schemes of prison reform, to which Howard's
labours had given the impetus. Blackstone,
with the help of William Eden, afterwards
Lord Auckland, had prepared the 'Hard Labour
Bill,' which Bentham had carefully criticised
in 1778. The measure was passed in 1779,
and provided for the management of convicts,
who were becoming troublesome, as transportation
to America had ceased to be possible. Howard,
whose relation to Bentham I have already
noticed, was appointed as one of the commissioners
to carry out the provisions of the Act. The
commissioners disagreed; Howard resigned;
and though at last an architect
(William Blackburn) was appointed who possessed
Howard's confidence, and who constructed
various prisons in the country, the scheme
was allowed to drop. Bentham now hoped to
solve the problem with his Panopticon. He
printed an account of it in 1791. He wrote
to his old antagonist, George III, describing
it, together with another invention of Samuel's
for enabling armies to cross rivers, which
might be more to his Majesty's taste.(77*)
In March 1792 he made a proposal to the government
offering to undertake the charge of a thousand
convicts upon the Panopticon system.(78*)
After delays suspicious in the eyes of Bentham,
but hardly surprising at such a period, an
act of parliament was obtained in 1794 to
adopt his schemes. Bentham had already been
making preparations. He says(79*) (14th September
1794) that he has already spent £6000, and
is spending at the rate of £2000 a year,
while his income was under £600 a year. He
obtained, however, £2000 from the government.
He had made models and architectural plans,
in which he was helped by Reveley, already
known to him at Constantinople. This sum,
it appears, was required in order to keep
together the men whom he employed. The nature
of their employment is remarkable.(80*) Samuel,
a man of singular mechanical skill, which
was of great use to the navy during the war,
had devised machinery for work in wood and
metal. Bentham had joined his brother, and
they were looking out for a steam-engine.
It had now occurred to them to employ convicts
instead of steam, and thus to combine philanthropy
with business. Difficulties of the usual
kind arose as to the procurement of a suitable
site. The site secured under the provisions
of the 'Hard Labour Bill' was for some reason
rejected; and Bentham was almost in despair.
It was not until 1799 that he at last acquired
for £12,000 an estate at Millbank, which
seemed to be suitable. Meanwhile Bentham
had found another application for his principle.
The growth of pauperism was alarming statesmen.
Whitbread proposed in February 1796 to fix
a minimum rate of wages. The wisest thing
that government could do, he said, was to
'offer a liberal premium for the encouragement
of large families.' Pitt proceeded to prepare
the abortive Poor-law Bill,(81*) upon which
Bentham (in February 1797) sent in some very
shrewd criticisms. They were not published,
but are said to have 'powerfully contributed
to the abandonment of the measure.'(82*)
They show Bentham's power of incisive criticism,
though they scarcely deal with the general
principle. In the following autumn Bentham
contributed to Arthur Young's Annals of Agriculture
upon the same topic. It had struck him that
an application of his Panopticon would give
the required panacea. He worked out details
with his usual zeal, and the scheme attracted
notice among the philanthropists of the time.
It was to be a 'succedaneum' to Pitt's proposal.
Meanwhile the finance committee, appointed
in 1797, heard evidence from Bentham's friend,
Patrick Colquhoun, upon the Panopticon, and
a report recommending it was proposed by
R. Pole Carew, a friend of Samuel Bentham.
Although this report was suppressed, the
scheme apparently received an impetus. The
Millbank estate was bought in consequence
of these proceedings, and a sum of only £1000
was wanted to buy out the tenant of one piece
of land. Bentham was constantly in attendance
at a public office, expecting a final warrant
for the money. It never came, and, as Bentham
believed, the delay was due to the malice
of George III. Had any other king been on
the throne, Panopticon in both 'the prisoner
branch and the pauper branch' would have
been set at work.(83*) Such are the consequences
of newspaper controversies with monarchs!
After this, in any case, the poor Panopticon,
as the old lawyers said, 'languishing did
live,' and at last 'languishing did die.'
Poor Bentham seems to have struggled vainly
for a time. He appealed to Pitt's friend,
Wilberforce; he appealed to his step-brother
Abbot; he wrote to members of parliament,
but all was in vain.
Romilly induced him in 1802 to suppress a
statement of his grievances which could only
have rendered ministers implacable.(84*)
But he found out what would hardly have been
a discovery to most people, that officials
can be dilatory and evasive; and certain
discoveries about the treatment of convicts
in New South Wales convinced him that they
could even defy the laws and the Constitution
when they were beyond inspection. He published
(1803) a Plea for the Constitution, showing
the enormities committed in the colony, 'in
breach of Magna Charta, the Petition of Right,
the Habeas Corpus Act, and the Bill of Rights.'
Romilly in vain told him that the attorney-general
could not recommend the author of such an
effusion to be keeper of a Panopticon.(85*)
The actual end did not come till 1811. A
committee then reported against the scheme.
They noticed one essential and very characteristic
weakness. The whole system turned upon the
profit to be made from the criminals' labour
by Bentham and his brother. The committee
observed that, however unimpeachable might
be the characters of the founders, the scheme
might lead to abuses in the hands of their
successors. The adoption of this principle
of 'farming' had in fact led to gross abuses
both in gaols and in workhouses; but it was,
as I have said, in harmony with the whole
'individualist' theory. The committee recommended
a different plan; and the result was the
foundation of Millbank penitentiary, opened
in 1816.(86*) Bentham ultimately received
£23,000 by way of compensation in 1813.(87*)
The objections of the committee would now
be a commonplace, but Bentham saw in them
another proof of the desire to increase government
patronage. He was well out of the plan. There
were probably few men in England less capable
of managing a thousand convicts, in spite
of his theories about 'springs of action.'
If anything else had been required to ensure
failure, it would have been association with
a sanguine inventor of brilliant abilities.
Bentham's agitation had not been altogether
fruitless. His plan had been partly adopted
at Edinburgh by one of the Adams,(88*) and
his work formed an important stage in the
development of the penal system.
Bentham, though he could not see that his
failure was a blessing in disguise, had learned
one lesson worth learning. He was ill-treated,
according to impartial observers. 'Never,'
says Wilberforce,(89*) 'was any one worse
used. I have seen the tears run down the
cheeks of that strong-minded man through
vexation at the pressing importunity of his
creditors, and the indolence of official
underlings when day after day he was begging
at the Treasury for what was indeed a mere
matter of right.' Wilberforce adds that Bentham
was 'quite soured,' and attributes his later
opinions to this cause. When the Quarterly
Review long afterwards taunted him as a disappointed
man, Bentham declared himself to be in 'a
state of perpetual and unruffled gaiety,'
and the 'mainspring' of the gaiety of his
own circle.(90*) No one, indeed, could be
less 'soured' so far as his habitual temper
was concerned. But Wilberforce's remark contained
a serious truth. Bentham had made a discovery.
He had vowed war in his youth against the
'demon of chicane.' He had now learned that
the name of the demon was 'Legion.' To cast
him out, it would be necessary to cast out
the demon of officialism; and we shall see
what this bit of knowledge presently implied.
IV. THE UTILITARIAN PROPAGANDA.
Bentham in 1802 had reached the respectable
age of fifty-four. He had published his first
work twenty-six years, and his most elaborate
treatise thirteen years, previously. He had
been brought into contact with many of the
eminent politicians and philanthropists of
the day. Lansdowne had been a friendly patron:
his advice had been treated with respect
by Pitt, Dundas, and even by Blackstone;
he was on friendly terms with Colquhoun,
Sir F. Eden, Arthur Young, Wilberforce, and
others interested in philanthropic movements,
and his name at least was known to some French
politicians. But his reputation was still
obscure; and his connections did not develop
into intimacies. He lived as a recluse and
avoided society. His introduction to great
people at Bowood had apparently rather increased
than softened his shyness. The little circle
of intimates, Romilly and Wilson and his
own brother, must have satisfied his needs
for social intercourse. It required an elaborate
negotiation to bring about a meeting between
him and Dr Parr, the great Whig prophet,
although they had been previously acquainted,
and Parr was, as Romilly said by way of introduction,
a profound admirer and universal panegyrist.(91*)
He refused to be introduced by Parr to Fox,
because he had 'nothing particular to say'
to the statesman, and considered that to
be 'always a sufficient reason for declining
acquaintance.'(92*)
But, at last, Bentham's fame was to take
a start. Bentham, I said, had long before
found himself. Dumont had now found Bentham.
After long and tedious labours and multiplied
communications between the master and the
disciple, Dumont in the spring of 1802 brought
out his Traités de Législation de M. Jérémie
Bentham. The book was partly a translation
from Bentham's published and unpublished
works,(93*) and partly a statement of the
pith of the new doctrine in Dumont's own
language. It had the great merit of putting
Bentham's meaning vigorously and compactly,
and free from many of the digressions, minute
discussions of minor points and arguments
requiring a special knowledge of English
law, which had impeded the popularity of
Bentham's previous works.
The Jacobin controversies were passing into
the background: and Bentham began to attain
a hearing as a reformer upon different lines.
In 1803 Dumont visited St. Petersburg, and
sent home glowing reports of Bentham's rising
fame. As many copies of the Traités had been
sold there as in London. Codes were wanted;
laws were being digested; and Bentham's work
would supply the principles and the classification.
A magnificent translation was ordered, and
Russian officials wrote glowing letters in
which Bentham was placed in a line with Bacon,
Newton, and Adam Smith -- each the founder
of a new science.(94*) At home the new book
was one of the objects of what Dumont calls
the 'scandalous irreverence, of the Edinburgh
Review.(95*) This refers to a review of the
Traités in the Edinburgh Review of April
1804. Although patronising in tone, and ridiculing
some of Bentham's doctrines as commonplace
and condemning others as criminal, it paid
some high compliments to his ability. The
irreverence meant at least that Bentham had
become one of the persons worth talking about,
and that he was henceforth to influence the
rising generation. In January 1807 the Edinburgh
itself
(probably Jeffrey) suggested that Bentham
should be employed in a proposed reform of
the Scottish judicial system. His old friend,
Lansdowne, died on
7th May 1805, and in one of his last letters
expresses a hope that Bentham's principles
are at last beginning to spread.(96*) The
hope was fulfilled.
During the eighteenth century Benthamism
had gone through its period of incubation.
It was now to become an active agency, to
gather proselytes, and to have a marked influence
not only upon legislative but upon political
movements. The immediate effect upon Bentham
of the decline of the Panopticon, and his
consequent emancipation from immediately
practical work, was apparently his return
to his more legitimate employment of speculative
labour. He sent to Dumont at St. Petersburg(97*)
part of the treatise upon Political Economy,
which had been naturally suggested by his
later work: and he applied himself to the
Scottish judiciary question, to which many
of his speculations had a close application.
He published a work upon this subject in
1808. To the period between 1802 and 1812
belongs also the book, or rather the collection
of papers, afterwards transformed into the
book, Upon Evidence, which is one of his
most valuable performances.
A letter, dated 1st November 1810, gives
a characteristic account of his position.
He refers to hopes of the acceptance of some
of his principles in South America. In Spain
Spaniards are prepared to receive his laws
'as oracles.' 'Now at length, when I am just
ready to drop into the grave' (he had still
twenty years of energetic work before him),
'my fame has spread itself all over the civilised
world.' Dumont's publication of 1802 is considered
to have superseded all previous writings
on legislation. In Germany and France codes
have been prepared by authorised lawyers,
who have 'sought to do themselves credit
by references to that work.'(98*) It has
been translated into Russian. Even in England
he is often mentioned in books and in parliament.
'Meantime I am here scribbling on in my hermitage,
never seeing anybody but for some special
reason, always bearing relation to the service
of mankind.'(99*) Making all due allowance
for the deceptive views of the outer world
which haunt every 'hermitage,' it remains
true that Bentham's fame was emerging from
obscurity.
The end of this period, moreover, was bringing
him into closer contact with English political
life. Bentham, as we have seen, rejected
the whole Jacobin doctrine of abstract rights.
So long as English politics meant either
the acceptance of a theory which, for whatever
reason, gathered round it no solid body of
support, or, on the other hand, the acceptance
of an obstructive and purely conservative
principle, to which all reform was radically
opposed, Bentham was necessarily in an isolated
position. He had 'nothing particular to say'
to Fox. He was neither a Tory nor a Jacobin,
and cared little for the paralysed Whigs.
He allied himself therefore, so far as he
was allied with any one, with the philanthropic
agitators who stood, like him, outside the
lines of party. The improvement of prisons
was not a party question. A marked change
-- not always, I think, sufficiently emphasised
by historians -- had followed the second
war. The party-divisions began to take the
form which was to become more marked as time
went on. The old issues between Jacobin and
Anti-Jacobin no longer existed. Napoleon
had become the heir of the revolution. The
great struggle was beginning in which England
commanded the ocean, while the Continent
was at the feet of the empire. For a time
the question was whether England, too, should
be invaded. After Trafalgar invasion became
hopeless. The Napoleonic victories threatened
to exclude English trade from the Continent:
while England retorted by declaring that
the Continent should trade with nobody else.
Upon one side the war was now appealing to
higher feelings. It was no longer a crusade
against theories, but a struggle for national
existence and for the existence of other
nations threatened by a gigantic despotism.
Men like Wordsworth and Coleridge, who could
not be Anti-Jacobins, had been first shocked
by the Jacobin treatment of Switzerland,
and now threw themselves enthusiastically
into the cause which meant the rescue of
Spain and Germany from foreign oppression.
The generous feeling which had resented the
attempt to forbid Frenchmen to break their
own bonds, now resented the attempts of Frenchmen
to impose bonds upon others. The patriotism
which prompted to a crusade had seemed unworthy,
but the patriotism which was now allied with
the patriotism of Spain and Germany involved
no sacrifice of other sentiment. Many men
had sympathised with the early revolution,
not so much from any strong sentiment of
evils at home as from a belief that the French
movement was but a fuller development of
the very principles which were partially
embodied in the British Constitution. They
had no longer to choose between sympathising
with the enemies of England and sympathising
with the suppressors of the old English liberties.
But, on the other hand, an opposite change
took place. The disappearance of the Jacobin
movement allowed the Radicalism of home growth
to display itself more fully. English Whigs
of all shades had opposed the war with certain
misgivings. They had been nervously anxious
not to identify themselves with the sentiments
of the Jacobins. They desired peace with
the French, but had to protest that it was
not for love of French principles. That difficulty
was removed. There was no longer a vision
-- such as Gillray had embodied in his caricatures
-- of a guillotine in St. James's Street:
or of a Committee of Public Safety formed
by Fox, Paine, and Horne Tooke. Meanwhile
Whig prophecies of the failure of the war
were not disproved by its results. Though
the English navy had been victorious, English
interference on the Continent had been futile.
Millions of money had been wasted: and millions
were flowing freely. Even now we stand astonished
at the reckless profusion of the financiers
of the time. And what was there to show for
it? The French empire, so far from being
destroyed, had been consolidated. If we escaped
for the time, could we permanently resist
the whole power of Europe? When the Peninsular
War began we had been fighting, except for
the short truce of Amiens, for sixteen years;
and there seemed no reason to believe that
the expedition to Portugal in 1808 would
succeed better than previous efforts. The
Walcheren expedition of 1809 was a fresh
proof of our capacity for blundering. Pauperism
was still increasing rapidly, and forebodings
of a war with America beginning to trouble
men interested in commerce. The English Opposition
had ample texts for discourses; and a demand
for change began to spring up which was no
longer a refection of foreign sympathies.
An article in the Edinburgh of January 1808,
which professed to demonstrate the hopelessness
of the Peninsular War, roused the wrath of
the Tories. The Quarterly Review was started
by Canning and Scott, and the Edinburgh,
in return, took a more decidedly Whig colour.
The Radicals now showed themselves behind
the Whigs. Cobbett, who had been the most
vigorous of John Bull Anti-Jacobins, was
driven by his hatred of the tax-gatherer
and the misery of the agricultural labourers
into the opposite camp, and his Register
became the most effective organ of Radicalism.
demands for reform began again to make themselves
heard in parliament. Sir Francis Burdett,
who had sat at the feet of Horne Tooke, and
whose return with Cochrane for Westminster
in
1807 was the first parliamentary triumph
of the reformers, proposed a motion on 15th
June 1809, which was, of course, rejected,
but which was the first of a series, and
marked the revival of a serious agitation
not to cease till the triumph of 1832.
Meanwhile Bentham, meditating profoundly
upon the Panopticoin, had at last found out
that he had begun at the wrong end. His reasoning
had been thrown away upon the huge dead weight
of official indifference, or worse than indifference.
Why did they not accept the means for producing
the greatest happiness of the greatest number?
Because statesmen did not desire the end.
And why not? To answer that question, and
to show how a government could be constructed
which should desire it, became a main occupation
of Bentham's life. Henceforward, therefore,
instead of merely treating of penal codes
and other special reforms, his attention
is directed to the previous question of political
organisation; while at times he diverges
to illustrate incidentally the abuses of
what he ironically calls the 'matchless constitution.'
Bentham's principal occupation, in a word,
was to provide political philosophy for radical
reformers.(100*)
Bentham remained as much a recluse as ever.
He seldom left Queen's Square Place except
for certain summer outings. In 1807 he took
a house at Barrow Green, near Oxted, in Surrey,
lying in a picturesque hollow at the foot
of the chalk hills.(101*) It was an old-fashioned
house, standing in what had been a park,
with a lake and a comfortable kitchen garden.
Bentham pottered about in the grounds and
under the old chestnut-trees, codifying,
gardening, and talking to occasional disciples.
He returned thither in following years; but
in 1814, probably in consequence of his compensation
for the Panopticon, took a larger place,
Ford Abbey, near Chard in Somersetshire.
It was a superb residence,(102*) with chapel,
cloisters, and corridors, a hall eighty feet
long by thirty high, and a great dining parlour.
Parts of the building dated from the twelfth
century or the time of the Commonwealth,
or had undergone alterations attributed to
Inigo Jones. No Squire Western could have
cared less for antiquarian associations,
but Bentham made a very fair monk. The place,
for which he paid £315 a year, was congenial.
He rode his favourite hobby of gardening,
and took his regular 'ante-jentacular, and
'post-prandial' walks, and played battledore
and shuttlecock in the intervals of codification.
He liked it so well that he would have taken
it for life, but for the loss of £8000 or
£10,000 in a Devonshire marble-quarry.(103*)
In 1818 he gave it up, and thenceforward
rarely quitted Queen's Square Place. His
life was varied by few incidents, although
his influence upon public affairs was for
the first time becoming important. The busier
journalists and platform orators did not
trouble themselves much about philosophy.
But they were in communication with men of
a higher stamp, Romilly, James Mill, and
others, who formed Bentham's innermost council.
Thus the movements in the outside world set
up an agitation in Bentham's study; and the
recluse was prompted to set himself to work
upon elaborating his own theories in various
directions, in order to supply the necessary
substratum of philosophical doctrine. If
he had not the power of gaining the public
ear, his oracles were transmitted through
the disciples who also converted some of
his raw materials into coherent books.
The most important of Bentham's disciples
for many years was James Mill, and I shall
have to say what more is necessary in regard
to the active agitation when I speak of Mill
himself. For the present, it is enough to
say that Mill first became Bentham's proselyte
about 1808. Mill stayed with Bentham at Barrow
Green and at Ford Abbey. Though some differences
caused superficial disturbances of their
harmony, no prophet could have had a more
zealous, uncompromising, and vigorous disciple.
Mill's force of character qualified him to
become the leader of the school; but his
doctrine was always essentially the doctrine
of Bentham, and for the present he was content
to be the transmitter of his master's message
to mankind. He was at this period a contributor
to the Edinburgh Review; and in October 1809
he inserted some praises of Bentham in a
review of a book upon legislation by S. Scipion
Bexon. The article was cruelly mangled by
Jeffrey, according to his custom, and Jeffrey's
most powerful vassal, Brougham, thought that
the praises which remained were excessive.(104*)
Obviously the orthodox Whigs were not prepared
to swear allegiance to Bentham. He was drawing
into closer connection with the Radicals.
In 1809 Cobbett was denouncing the duke of
York in consequence of the Mrs Clarke scandal.
Bentham wrote to him, but anonymously and
cautiously, to obtain documents in regard
to a previous libel case,(105*) and proceeded
to write a pamphlet on the Elements of the
Art of Packing (as applied to Special Juries),
so sharp that his faithful adviser, Romilly,
procured its suppression for the time.(106*)
Copies, however, were printed and privately
given to a few who could be trusted. Bentham
next wrote (1809) a 'Catechism of Parliamentary
Reform,' which he communicated to Cobbett
(16th November 1810), with a request for
its publication in the Register.(107*) Cobbett
was at this time in prison for his attack
upon flogging militia men; and, though still
more hostile to government, was bound to
be more cautious in his line of assault.
The plan was not published, whether because
too daring or too dull; but it was apparently
printed. Bentham's opinion of Cobbett was
anything but flattering. Cobbett, he thought
in 1812, was a 'vile rascal,' and was afterwards
pronounced to be 'filled with the odium humani
generis -- his malevolence and lying beyond
everything.'(108*) Cobbett's radicalism,
in fact, was of the type most hostile to
the Utilitarians. John Hunt, in the Examiner
was 'trumpeting' Bentham and Romilly in 1812,
and was praised accordingly.(109*) Bentham
formed an alliance with another leading Radical.
He had made acquaintance by 1811 with Sir
F. Burdett, to whom he then appealed for
help in an attack upon the delays of Chancery.(110*)
Burdett, indeed, appeared to him to be far
inferior to Romilly and Brougham, but he
thought that so powerful a 'hero of the mob'
ought to be turned to account in the good
cause.(111*) Burdett seems to have courted
the old philosopher; and a few years later
a closer alliance was brought about. The
peace of 1815 was succeeded by a period of
distress, the more acutely felt from the
disappointment of natural hopes of prosperity;
and a period of agitation, met by harsh repression,
followed. Applications were made to Bentham
for permission to use his 'Catechism,' which
was ultimately published (1818) in a cheap
form by Wooler, well known as the editor
of the democratic Black Dwarf.(112*) Burdett
applied for a plan of parliamentary reform.
Henry Bickersteth (1783-1851), afterwards
Lord Langdale and Master of the Rolls, at
this time a rising barrister of high character,
wrote an appeal to Bentham and Burdett to
combine in setting forth a scheme which,
with such authority, must command general
acceptance.
The result was a series of resolutions moved
by Burdett in the House of Commons on 2nd
June 1818,(113*) demanding universal suffrage,
annual parliaments, and vote by ballot. Bentham
had thus accepted the conclusions reached
in a different way by the believers in that
'hodge-podge' of absurdities, the declaration
of the rights of man. Curiously enough, his
assault upon that document appeared in Dumont's
French version in the year 1816, at the very
time when he was accepting its practical
conclusions.
The schemes in which Mill was interested
at this time drew Bentham's attention in
other directions. In 1813 the Quaker, William
Allen, who had been a close ally of Mill,
induced Bentham to invest money in the New
Lanark establishment. Owen, whose benevolent
schemes had been hampered by his partners,
bought them out, the new capital being partly
provided by Allen, Bentham, and others. Bentham
afterwards spoke contemptuously of Owen,
who, as he said, 'began in vapour and ended
in smoke,'(114*) and whose disciples came
in after years into sharp conflict with the
Utilitarians. Bentham, however, took pleasure,
it seems, in Owen's benevolent schemes for
infant education, and made money by his investment,
for once combining business with philanthropy
successfully.(115*) Probably he regarded
New Lanark as a kind of Panopticon. Owen
had not as yet become a prophet of Socialism.
Another set of controversies in which Mill
and his friends took an active part, started
Bentham in a whole series of speculations.
A plan (which I shall have to mention in
connection with Mill), was devised in 1815
for a 'Chrestomathic school,' which was to
give a sound education of proper Utilitarian
tendencies to the upper and middle classes.
Brougham, Mackintosh, Ricardo, William Allen,
and Place were all interested in this undertaking.(116*)
Bentham offered a site at Queen's Square
Place, and though the scheme never came to
the birth, it set him actively at work. He
wrote a series of papers during his first
year at Ford Abbey(117*) upon the theory
of education, published in 1816 as Chrestomathia;
and to this was apparently due a further
excursion beyond the limits of jurisprudence.
Educational controversy in that ignorant
day was complicated by religious animosity;
the National Society and the 'British and
Foreign' Society were fighting under the
banners of Bell and Lancaster, and the war
roused excessive bitterness. Bentham finding
the church in his way, had little difficulty
in discovering that the whole ecclesiastical
system was part of the general complex of
abuse against which he was warring. He fell
foul of the Catechism; he exposed the abuses
of non-residence and episcopal wealth; he
discovered that the Thirty-nine Articles
contained gross fallacies; he went on to
make an onslaught upon the Apostle St Paul,
whose evidence as to his conversion was exposed
to a severe cross-examination; and, finally,
he wrote, or supplied the materials for,
a remarkable Analysis of Natural Religion,
which was ultimately published by Grote under
the pseudonym 'Philip Beauchamp,' in 1822.
This procedure from the particular case of
the Catechism in schools up to the general
problem of the utility of religion in general,
is curiously characteristic of Bentham.
Bentham's mind was attracted to various other
schemes by the disciples who came to sit
at his feet, and professed, with more or
less sincerity, to regard him as a Solon.
Foreigners had been resorting to him from
all parts of the world, and gave him hopes
of new fields for codifying. As early as
1808 he had been visited at Barrow Green
by the strange adventurer, politician, lawyer,
and filibuster, Aaron Burr, famous for the
duel in which he killed Alexander Hamilton,
and now framing wild schemes for an empire
in Mexico. Unscrupulous, restlessly active
and cynical, he was a singular contrast to
the placid philosopher, upon whom his confidences
seem to have made an impression of not unpleasing
horror. Burr's conversation suggested to
Bentham a singular scheme for emigrating
to Mexico. He applied seriously for introductions
to Lord Holland, who had passed some time
in Spain, and to Holland's friend, Jovellanos
(1749-1812), a member of the Spanish Junta,
who had written treatises upon legislation
(1785), of which Bentham approved.(118*)
The dream of Mexico was succeeded by a dream
of Venezuela. General Miranda spent some
years in England, and had become well known
to James Mill. He was now about to start
upon an unfortunate expedition to Venezuela,
his native country. He took with him a draft
of a law for the freedom of the press, which
Bentham drew up, and he proposed that when
his new state was founded, Bentham should
be its legislator.(119*) Miranda was betrayed
to the Spanish government in 1812, and died
(1816) in the hands of the Inquisition. Bolivar,
who was also in London in 1810 and took some
notice of Joseph Lancaster, applied in flattering
terms to Bentham. Long afterwards, when dictator
of Columbia, he forbade the use of Bentham's
works in the schools, to which, however,
the privilege of reading him was restored,
and, let us hope, duly valued, in 1835.(120*)
Santander, another South American hero, was
also a disciple, and encouraged the study
of Bentham. Bentham says in 1830 that forty
thousand copies of Dumont's Traités had been
sold in Paris for the South American trade.(121*)
What share Bentham may have had in modifying
South American ideas is unknown to me. In
the United States he had many disciples of
a more creditable kind than Burr. He appealed
in 1811 to Madison, then President, for permission
to construct a 'Pannomion' or complete body
of law, for the use of the United States;
and urged his claims both upon Madison and
the Governor of Pennsylvania in 1817, when
peace had been restored. He had many conversations
upon this project with John Quincy Adams,
who was then American minister in England.(122*)
This, of course, came to nothing, but an
eminent American disciple, Edward Livingston
(1764-1836), between 1820 and 1830 prepared
codes for the State of Louisiana, and warmly
acknowledged his obligations to Bentham.(123*)
In 1830 Bentham also acknowledges a notice
of his labours, probably resulting from this,
which had been made in one of General Jackson's
presidential messages.(124*) In his later
years the United States became his ideal,
and he never tired of comparing its cheap
and honest enactment with the corruption
and extravagance at home.
V. CODIFICATION.
The unsettled conditions which followed the
peace in various European countries found
Bentham other employment. In 1809 Dumont
did some codifying for the Emperor of Russia,
and in 1817 was engaged to do the same service
for Geneva. He was employed for some years,
and is said to have introduced a Benthamite
Penal Code and Panopticon, and an application
of the Tactics.(125*) In 1820 and 1821 Bentham
was consulted by the Constitutional party
in Spain and Portugal, and wrote elaborate
tracts for their enlightenment. He made an
impression upon at least one Spaniard. Borrow,
when travelling in Spain some ten years after
Bentham's death, was welcomed by an Alcalde
on Cape Finisterre, who had upon his shelves
all the works of the 'grand Baintham,' and
compared him to Solon, Plato, and even Lope
de Vega.(126*) The last comparison appeared
to Borrow to be overstrained. Bentham even
endeavoured in 1822-23 to administer some
sound advice to the government of Tripoli,
but his suggestions for 'remedies against
misrule' seem never to have been communicated.(127*)
In 1823 and 1824 he was a member of the Greek
Committee; he corresponded with Mavrocordato
and other leaders; and he begged Parr to
turn some of his admonitions into 'Parrian'
Greek for the benefit of the moderns.(128*)
Blaquière and Stanhope, two ardent members
of the committee, were disciples; and Stanhope
carried with him to Greece Bentham's Table
of the Springs of Action, with which he tried
to indoctrinate Byron. The poet, however,
thought with some plausibility that he was
a better judge of human passions than the
philosopher. Parry, the engineer, who joined
Byron at the same time, gives a queer account
of the old philosopher trotting about London
in the service of the Greeks.(129*) The coarse
and thoughtless might laugh, and perhaps
some neither coarse nor thoughtless might
smile. But Bowring tells us that these were
days of boundless happiness for Bentham.(130*)
Tributes of admiration were pouring in from
all sides, and the true Gospel was spreading
across the Atlantic and along the shores
of the Mediterranean.
At home the Utilitarian party was consolidating
itself; and the struggle which resulted in
the Reform Bill was slowly beginning. The
veteran Cartwright, Bentham's senior by eight
years, tried in 1821 to persuade him to come
out as one of a committee of 'Guardians of
Constitutional Reform,' elected at a public
meeting.(131*) Bentham wisely refused to
be drawn from his privacy. He left it to
his friends to agitate, while he returned
to labour in his study. The demand for legislation
which had sprung up in so many parts of the
world encouraged Bentham to undertake the
last of his great labours. The Portuguese
Cortes voted in December 1821 that he should
be invited to prepare an 'all-comprehensive
code'; and in 1822 he put out a curious 'Codification
proposal,' offering to do the work for any
nation in need of a legislator, and appending
testimonials to his competence for the work.
He set to work upon a 'Constitutional Code,'
which occupied him at interval during the
remainder of his life, and embodied the final
outcome of his speculations. He diverged
from this main purpose to write various pamphlets
upon topics of immediate interest; and was
keenly interested in the various activities
of his disciples. The Utilitarians now thought
themselves entitled to enter the field of
politics as a distinct body. An organ to
defend their cause was desirable, and Bentham
supplied the funds for the Westminster Review,
of which the first number appeared in April
1824.
The editorship fell chiefly into the hands
of Bowring (1792-1872). Bowring had travelled
much upon the Continent for a commercial
house, and his knowledge of Spanish politics
had brought him into connection with Bentham,
to whom Blaquière recommended him in 1820.(132*)
A strong attachment sprang up between the
two. Bentham confided all his thoughts and
feelings to the young man, and Bowring looked
up to his teacher with affectionate reverence.
In 1828 Bentham says that Bowring is 'the
most intimate friend he has.'(133*) Bowring
complains of calumnies, by which he was assailed,
though they failed to alienate Bentham. What
they may have been matters little; but it
is clear that a certain jealousy arose between
this last disciple and his older rivals.
James Mill's stern and rigid character had
evidently produced some irritation at intervals;
and to him it would naturally appear that
Bowring was the object of a senile favouritism.
In any case it is to be regretted that Bentham
thus became partly alienated from his older
friends.(134*) Mill was too proud to complain;
and never wavered in his allegiance to the
master's principles. But one result, and
to us the most important, was that the new
attachment led to the composition of one
of the worst biographies in the language,
out of materials which might have served
for a masterpiece. Bowring was a great linguist,
and an energetic man of business. He wrote
hymns, and one of them, 'In the cross of
Christ I glory,' is said to have 'universal
fame.' A Benthamite capable of so singular
an eccentricity judiciously agreed to avoid
discussions upon religious topics with his
master. To Bowring we also owe the Deontology,
which professes to represent Bentham's dictation.
The Mills repudiated this version, certainly
a very poor one, of their teacher's morality,
and held that it represented less Bentham
than such an impression of Bentham as could
be stamped upon a muddle-headed disciple.(135*)
The last years of his life brought Bentham
into closer connection with more remarkable
men. The Radicals had despised the Whigs
as trimmers and half-hearted reformers, and
James Mill expressed this feeling very frankly
in the first numbers of the Westminster Review.
Reform, however, was now becoming respectable,
and the Whigs were gaining the courage to
take it up seriously. Foremost among the
Edinburgh Reviewers was the great Henry Brougham,
whose fame was at this time almost as great
as his ambition could desire, and who considered
himself to be the natural leader of all reform.
He had shown eagerness to distinguish himself
in lines fully approved by Bentham. His admirers
regarded him as a giant; and his opponents,
if they saw in him a dash of the charlatan,
could not deny his amazing energy and his
capacity as an orator. The insatiable vanity
which afterwards ruined his career already
made it doubtful whether he fought for the
cause or the glory. But he was at least an
instrument worth having. He was a kind of
half-disciple. If in 1809 he had checked
Mill's praise of Bentham, he was soon afterwards
in frequent communication with the master.
In July
1812 Bentham announces that Brougham is at
last to be admitted to a dinner, for which
he had been 'intriguing any time this six
months,' and expects that his proselyte will
soon be the first man in the House of Commons,
and eclipse even Romilly.(136*) In later
years they had frequent communications; and
when in 1827 Brougham was known to be preparing
an utterance upon law reform, Bentham's hopes
rose high. He offered to his disciple 'some
nice little sweet pap of my own making,'
sound teaching that is, upon evidence, judicial
establishments and codification. Brougham
thanks his 'dear grandpapa,' and Bentham
offers further supplies to his 'dear, sweet
little poppet.'(137*) But when the orator
had spoken Bentham declares (9th February
1828) that the mountain has been delivered
of a mouse. Brougham was 'not the man to
set up' simple and rational principles. He
was the sham adversary but the real accomplice
of Peel, pulling up lies by the root to plant
others equally noxious.(138*) In 1830 Bentham
had even to hold up 'Master Peel' as a 'model
good boy' to the self-styled reformer. Brougham
needs a dose of jalap instead of pap, for
he cannot even spell the 'greatest happiness
principle' properly.(139*) Bentham went so
far as to write what he fondly took to be
an epigram upon Brougham:
'So foolish and so wise, so great, so small,
Everything now, to-morrow nought at all.'(140*)
In September 1831 Brougham as Chancellor
announced a scheme for certain changes in
the constitution of the courts. The proposal
called forth Bentham's last pamphlet, Lord
Brougham displayed.(141*) Bentham laments
that his disciple has 'stretched out the
right hand of fellowship to jobbers of all
sorts.'(142*) In vain had Brougham in his
speech called Bentham 'one of the great sages
of the law.' Bentham acknowledges his amiability
and his genius; but laments over the untrustworthy
character of a man who could only adopt principles
so far as they were subservient to his own
vanity.
Another light of the Edinburgh Review, who
at this time took Brougham at his own valuation,
did an incidental service to Bentham. Upon
the publication of the Book of Fallacies
in 1825, Sydney Smith reviewed or rather
condensed it in the Edinburgh Review, and
gave the pith of the whole in his famous
Noodle's Oration. The noodle utters all the
commonplaces by which the stupid conservatives,
with Eldon at their head, met the demands
of reformers. Nothing could be wittier than
Smith's brilliant summary. Whigs and Radicals
for the time agreed in ridiculing blind prejudice.
The day was to come when the Whigs at least
would see that some principles might be worse
than prejudice. All the fools, said Lord
Melbourne, 'were against Catholic Emancipation,
and the worst of it is, the fools were in
the right.' Sydney Smith was glad to be Bentham's
mouthpiece for the moment: though, when Benthamism
was applied to church reform, Smith began
to perceive that Noodle was not so silly
as he seemed.
One other ally of Bentham deserves notice.
O'Connell had in 1828, in speaking of legal
abuses, called himself 'an humble disciple
of the immortal Bentham.'(143*) Bentham wrote
to acknowledge the compliment. He invited
O'Connell to become an inmate of his hermitage
at Queen's Square Place, and O'Connell responded
warmly to the letters of his 'revered master.'
Bentham's aversion to Catholicism was as
strong as his objection to Catholic disqualifications,
and he took some trouble to smooth down the
difficulties which threatened an alliance
between ardent believers and thorough-going
sceptics. O'Connell had attacked some who
were politically upon his side. 'Dan, dear
child,' says Bentham, 'whom in imagination
I am at this moment pressing to my fond bosom,
put off, if it be possible, your intolerance.'(144*)
Their friendship, however, did not suffer
from this discord, and their correspondence
is in the same tone till the end. In one
of Bentham's letters he speaks of a contemporary
correspondence with another great man, whom
he does not appear to have met personally.
He was writing long letters, entreating the
duke of Wellington to eclipse Cromwell by
successfully attacking the lawyers. The duke
wrote 'immediate answers in his own hand,'
and took good-humouredly a remonstrance from
Bentham upon the duel with Lord Winchilsea
in
1829.(145*) Bentham was ready to the end
to seek allies in any quarter. When Lord
Sidmouth took office in 1812, Bentham had
an interview with him, and had some hopes
of being employed to prepare a penal code.(146*)
Although experience had convinced him of
the futility of expectations from the Sidmouths
and Eldons, he was always on the look out
for sympathy; and the venerable old man was
naturally treated with respect by people
who had little enough of real interest in
his doctrines.
During the last ten years of his life, Bentham
was cheered by symptoms of the triumph of
his creed. The approach of the millennium
seemed to be indicated by the gathering of
the various forces which carried Roman Catholic
Emancipation and the Reform Bill. Bentham
still received testimonies of his fame abroad.
In 1825 he visited Paris to consult some
physicians. He was received with the respect
which the French can always pay to intellectual
eminence.(147*) All the lawyers in a court
of justice rose to receive him, and he was
placed at the president's right hand. On
the revolution of 1830, he addressed some
good advice to the country of which he had
been made a citizen nearly forty years before.
In 1832, Talleyrand, to whom he had talked
about the Panopticon in 1792, dined with
him alone in his hermitage.(148*) When Bowring
observed to the prince that Bentham's works
had been plundered, the polite diplomatist
replied, et pillé de tout le monde, il est
toujours riche. Bentham was by this time
failing. At eighty-two he was still, as he
put it, 'codifying like any dragon.'(149*)
On 18th May 1832 he did his last bit of his
life-long labour, upon the 'Constitutional
Code.' The great reform agitation was reaching
the land of promise, but Bentham was to die
in the wilderness. He sank without a struggle
on 6th June 1832, his head resting on Bowring's
bosom. He left the characteristic direction
that his body should be dissected for the
benefit of science. An incision was formally
made; and the old gentleman, in his clothes
as he lived, his face covered by a wax mask,
is still to be seen at University College
in Gower Street.
Bentham, as we are told, had a strong personal
resemblance to Benjamin Franklin. Sagacity,
benevolence, and playfulness were expressed
in both physiognomies. Bentham, however,
differed from the man whose intellect presents
many points of likeness, in that he was not
a man of the market-place or the office.
Bentham was in many respects a child through
life:(150*) a child in simplicity, good humour,
and vivacity; his health was unbroken; he
knew no great sorrow; and after emerging
from the discouragement of his youth, he
was placidly contemplating a continuous growth
of fame and influence. He is said to have
expressed the wis that he could awake once
in a century to contemplate th prospect of
a world gradually adopting his principles
and so making steady progress in happiness
and wisdom.
No man could lead a simpler life. His chief
luxuries at table were fruit, bread, and
tea. He had a 'sacred teapot' called Dick,
with associations of its own, and carefully
regulated its functions. He refrained from
wine during the greatest part of his life,
and was never guilty of a single act of intemperance.
In later life he took a daily half-glass
of Madeira. He was scrupulously neat in person,
and wore a Quaker-like brown coat, brown
cassimere breeches, white worsted stockings
and a straw hat. He walked or 'rather trotted'
with his stick Dapple, and took his 'ante-prandial'
and other 'circumgyrations' with absolute
punctuality. He loved pets; he had a series
of attached cats; and cherished the memory
of a 'beautiful pig' at Hendon, and of a
donkey at Ford Abbey. He encouraged mice
to play in his study -- a taste which involved
some trouble with his cats, and suggests
problems as to the greatest happiness of
the greatest number. Kindness to animals
was an essential point of his moral creed.
'I love everything,' he said, 'that has four
legs.' He had a passion for flowers, and
tried to introduce useful plants. He loved
music -- especially Handel -- and had an
organ in his house. He cared nothing for
poetry: 'Prose,' he said,(151*) 'is when
all the lines except the last go on to the
margin. Poetry is when some of them fall
short of it.' He was courteous and attentive
to his guests, though occasionally irritable
when his favourite crotchets were transgressed,
or especially if his fixed hours of work
were deranged.
His regularity in literary work was absolute.
He lived by a time-table, working in the
morning and turning out from ten to fifteen
folio pages daily. He read the newspapers
regularly, but few books, and cared nothing
for criticisms on his own writings. His only
substantial meal was a dinner at six or half-past,
to which he occasionally admitted a few friends
as a high privilege. He liked to discuss
the topics of which his mind was full, and
made notes beforehand of particular points
to be introduced in conversation. He was
invariably inaccessible to visitors, even
famous ones, likely to distract his thoughts.
'Tell Mr Bentham that Mr Richard Lovell Edgeworth
desires to see him.' 'Tell Mr Richard Lovell
Edgeworth that Mr Bentham does not desire
to see him' was the reply. When Mme. de Stael
came to England, she said to Dumont: 'Tell
Bentham I shall see nobody till I have seen
him.' 'I am sorry for it,' said Bentham,
'for then she will never see anybody.' And
he summed up his opinion of the famous author
of Corinne by calling her 'a trumpery magpie.'(152*)
There is a simplicity and vivacity about
some of the sayings reported by Bowring,
which prove that Bentham could talk well,
and increase our regret for the absence of
a more efficient Boswell. At ten Bentham
had his tea, at eleven his nightcap, and
by twelve all his guests were ignominiously
expelled. He was left to sleep on a hard
bed. His sleep was light, and much disturbed
by dreams.
Bentham was certainly amiable. The 'surest
way to gain men,' he said, 'is to appear
to love them, and the surest way to appear
to love them is to love them in reality.'
The least pleasing part of his character,
however, is the apparent levity of his attachments.
He was, as we have seen, partly alienated
from Dumont, though some friendly communications
are recorded in later years, and Dumont spoke
warmly of Bentham only a few days before
his death in 1829.(153*) He not only cooled
towards James Mill, but, if Bowring is to
be trusted, spoke of him with great harshness.(154*)
Bowring was not a judicious reporter, indeed,
and capable of taking hasty phrases too seriously.
What Bentham's remarks upon these and other
friends suggest is not malice or resentment,
but the flippant utterance of a man whose
feelings are wanting in depth rather than
kindliness. It is noticeable that, after
his early visit at Bowood, no woman seems
to have counted for anything in Bentham's
life. He was not only never in love, but
it looks as if he never even talked to any
woman except his cook or housemaid.
The one conclusion that I need draw concerns
a question not, I think, hard to be solved.
It would be easy to make a paradox by calling
Bentham at once the most practical and most
unpractical of men. This is to point out
the one-sided nature of Bentham's development.
Bentham's habits remind us in some ways of
Kant; and the thought may be suggested that
he would have been more in his element as
a German professor of philosophies. In such
a position he might have devoted himself
to the delight of classifying and co-ordinating
theories, and have found sufficient enjoyment
in purely intellectual activity. After a
fashion that was the actual result. How far,
indeed, Bentham could have achieved much
in the sphere of pure philosophy, and what
kind of philosophy he would have turned out,
must be left to conjecture. The circumstances
of his time and country, and possibly his
own temperament generally, turned his thoughts
to problems of legislation and politics,
that is to say, of direct practical interest.
He was therefore always dealing with concrete
facts, and a great part of his writings may
be considered as raw material for acts of
parliament. Bentham remained, however, unpractical,
in the sense that he had not that knowledge
which we ascribe either to the Poet or to
the man of the world. He had neither the
passion nor the sympathetic imagination.
The springs of active conduct which Byron
knew from experience were to Bentham nothing
more than names in a careful classification.
Any shrewd attorney or Bow Street runner
would have been a better judge of the management
of convicts; and here were dozens of party
politicians, such as Rigby and Barré, who
could have explained to him beforehand those
mysteries in the working of the political
machinery, which it took him half a lifetime
to discover. In this sense Bentham was unpractical
in the highest degree, for at eighty he had
not found out of what men are really made.
And yet by his extraordinary intellectual
activity and the concentration of all his
faculties upon certain problems, he succeeded
in preserving an example, and though not
a unique yet an almost unsurpassable example,
of the power which belongs to the man of
one idea.
NOTES:
1. The main authority for Bentham's Life
is Bowring's account in the two last volumes
of the Works. Bain's Life of James Mill gives
some useful facts as to the later period.
There is comparatively little mention of
Bentham in contemporary memoirs. Little is
said of him in Romilly's Life. Parr's Works,
i and viii, contains some letters. See also
R. Dale Owen's Threading my Way, pp. 175-78.
A little book called Utilitarianism Unmasked,
by the Rev. J. F. Collis, D. D. (1844), gives
some reminiscences by Colls, who had been
Bentham's amanuensis for fourteen years.
Colls, who took orders, disliked Bentham's
religious levity, and denounces his vanity,
but admits his early kindness. Voluminous
collections of the papers used by Bowring
are University College, and at the British
Museum.
2. Works, x, 33.
3. Ibid., x, 31.
4. Ibid., ix, 84.
5. Ibid., x, 18.
6. Southey was expelled from Westminster
in 1792 for attacking the birch in a schoolboy
paper.
7. Works, x, 38. Bowring's confused statement,
I take it, means this, Bentham, in any case,
was not on the foundation. See Welsh's Alumni
West.
8. Works, x, 37.
9. Ibid., viii, 113, 217.
10. Works, x. 45.
11. Ibid., x, 51, 78, 83.
12. Works, v, 35, 77. References are given
to this book in Works, vii, 219-20 ('Rationale
of Evidence). Several editions appeared from
1725 to 1762. See Works, vi, 465, for a recollection
of similar experiences.
13. Ibid., viii, 148n.; x, 183.
14. Works, x, 66.
15. Ibid., xi, 95.
16. Works, v, 54.
17. Ibid., i, 268n.
18. Works, x, 121.
19. Ibid., i, 227.
20. Ibid., x, 79, 142. See also Deontology,
i, 298-302, where Bentham speaks of discovering
the phrase in Priestley's Essay on Government
in 1768. Priestley say (p. 17) that 'the
good and happiness of the members, that is
of the majority of the members, of any state
is the great standard by which everything
relating to that state must be finally determined."
So Le Mercier de la Rivière says, in 1767,
that the ultimate end of society is assurer
la plus grand bonheur possible à la plus
grande population possible
(Daire's Economistes, p. 470). Hutcheson's
Enquiry concerning Moral Good and Evil, 1725,
see iii, section 8 'that action is best which
secures the greatest happiness of the greatest
number.' Beccaria, in the preface to his
essay, speaks of la massima felicità divsa
nel maggior numero. J. S. Mill says that
he found the wor 'Utilitarian' in Galt's
Annals of the Parish, and gave the name to
the society founded by him in 1822-1823 (Autobiography,
p. 79). The word had been used by Bentham
himself in 1781, and he suggested it to Dumont
in 1802 as the proper name of the party,
instead of 'Benhamite' (Works, x, 92, 390).
He afterwards thought it a bad name, because
it gave a 'vague idea' (Works, x, 582), and
substituted 'greatest happiness principle'
for 'principle of utility' (Works, i: 'Morals
and Legislation).
21. A letter in the Additional MSS. 33, 537,
shows that Bentham sent his 'Fragment' and
his 'Hard Labour' pamphlet to d'Alembert
in 1778, apparently introducing himself for
the first time.' Cf. Works, x, 87-88, 193-94.
22. The translation of 1774. See Lowndes'
Manual under Voltaire, Works, x, 83n.
23. Review of the Arts of the Thirteenth
Parliament, etc. (1775).
24. Works, x, 57, 63.
25. Works, x, 133-35.
26. Ibid., x, 84.
27. Ibid., x, 77.
28. Works, x, 82.
29. Works, x, 77-82. Blackstone took no notice
of the work, except by some allusions in
the preface to his next edition. Bentham
criticised Blackstone respectively in the
pamphlet upon the Hard Labour Bill (1778).
Blackstone sent a courteous but 'frigidly
cautious' reply to the author. -- Works,
i, 255.
30. Works, x, 115-17, 186.
31. Ibid., x, 100.
32. Ibid., x, 122.
33. Ibid., x, 118, i, 253.
34. Works, x, 97; i, 252.
35. Ibid., x, 219, 265.
36. Works, x, 118, 419, 558.
37. Ibid., i, 253.
38. Ibid., x, 116, 182.
39. Ibid., x, 228-42.
40. Ibid., x, 186.
41. Works, v, 370.
42. Souvenirs sur Mirabeau (preface).
43. Works, x, 185.
44. Works, x, 185. Colls (p. 41) tells the
same story.
45. Works ('Fragment, etc.'), i, 245, and
Ibid., ii, 463n.
46. Ibid., i. 246, 250, 251.
47. Ibid., i, 252.
48. Ibid., x, 185.
49. Bentham says (Works, i, 240) that he
was a member of a club of which Johnson was
the despot. The only club possible seems
to be the Essex Street Club, of which Daines
Barrington was a member. If so, it was in
1783, though Bentham seems to imply an earlier
date.
50. Works, x, 77.
51. Ibid., x, 147.
52. Works, x, 176.
53. Reid's Works (Hamilton), p. 73.
54. Works, x, 171.
55. Works, x, 163-64. Cf. Ibid., x, 195,
where Wilson is often 'tempted to think'
-- erroneously, of course -- that Paley must
have known something of Bentham's work. Paley's
chief source was Abraham Tucker.
56. See J. H. Burton in Works, i, 11.
57. Given in Works, x, 201-12.
58. See Lecky's Eighteenth Century, x, 210-97,
for an account of these transactions.
59. Bowring tells this gravely, and declares
that George III, also wrote letters to the
Gazette de Leyde. George III certainly contribued
some letters to Arthur Young's Annals of
Agriculture, and is one of the suggested
authors of Junius.
60. Works, x, 195.
61. Ibid., x, 198-99.
62. Ibid., x, 317.
63. Ibid., x, 270.
64. Works, x, 282.
65. Works, x, 296.
66. Ibid., x, 304.
67. Ibid., x, 292.
68. Ibid., x, 300.
69. Works, x, 315.
70. Ibid., x, 329.
71. Ibid., x, 366.
72. Ibid., x, 346.
73. Ibid., x, 381.
74. See his letter to Lansdowne, sending
a portrait to Jeremy. -- Works, x, 224.
75. Works, xi. 81.
76. Ibid., x. 226.
77. Works, x. 260. It is doubtful whether
the letter was sent.
78. The Panopticon story is confusedly told
in Bowring's Life. The Panopticon Correspondence,
in the eleventh volume, give fragments from
a 'history of the war between Jeremy Bentham
and George III,' written by Bentham in 1830-31,
and selections from a voluminous correspondence.
79. Works, x, 301.
80. Ibid., xi, 167.
81. The plan, according to Bentham (Works,
xi, 102), was suggested by Ruggles, author
of the work upon the poor-laws, first printed
in Young's Annals.
82. Works, viii, 440.
83. Works, xi, 102-3.
84. Ibid., x, 400.
85. Works, xi, 144.
86. For its later history see Memorials of
Millbank by Arthur Griffiths, 2 vols. 1875.
87. Works, xi, 106.
88. Ibid., x, 294.
89. Wilberforce's Life, ii, 71.
90. Works, x, 541.
91. Works, x, 403.
92. Ibid., x, 62.
93. Bentham had himself written some of his
papers in French.
94. Works, x, 407, 410, 413, 419.
95. Ibid., x, 415.
96. Lord E. Fitzmaurice's Life of Shelburne.
97. Works, x, 413.
98. This statement, I believe, refers to
a complimentary reference to Bentham in the
preface to the French Code.
99. Works, x, 458.
100. Bentham says that he reached these conclusions
some time before 1809; Works, iii, 435. Cf.
Ibid., v, 278.
101. Works, x, 425.
102. See description in Bain's James Mill,
129-36.
103. Works, x, 479, 573.
104. Works, x, 452-54; Bain's James Mill,
104.
105. The case of the 'King v. Cobbett', (1804),
which led to the proceedings against Mr Justice
Johnson in 1805. -- Cobbett's State Trials,
xxix.
106. Works, x, 448-49.
107. Ibid., x, 458.
108. Works, x, 471, 570.
109. Ibid., x, 471.
110. Ibid., x, 461.
111. Ibid., x, 471.
112. Ibid., x, 490.
113. Printed in Works, x, 495-97.
114. Ibid., x, 570
115. Ibid., x, 476.
116. Works, x, 485.
117. Bain's James Mill, 156. Church of Englandism
and Not Paul but Jesus were also written
at Ford Abbey.
118. Works, x, 433, 448.
119. Ibid., x, 457-58, Bain's James Mill,
79.
120. Works, 553-54, 565.
121. Ibid., xi, 53.
122. See Memoirs of J. Q. Adams (1874), iii,
511, 520, 532, 535-39, 540, 544, 560, 562-63;
and Bentham's letter to Adams in Works, x,
554.
123. Works, xi, 23.
124. Ibid., xi, 40.
125. See correspondence upon his codification
plans in Russia, America and Geneva in Works,
iv, 451-594.
126. Borrow's Bible in Spain, ch. xxx.
127. Works, viii, 555-600.
128. Ibid., x, 534. See Blaguière's enthusiastic
letter to Bentham -- Works, x, 475.
129. See, however, Bentham's reference to
this story. -- Works, xi, 66.
130. Works, x, 539.
131. Ibid., x, 522.
132. Works, x, 516.
133. Ibid., x, 591.
134. A letter from Mill in the University
College MSS. describes a misunderstanding
about borrowed books, a fertile, but hardly
adequate cause of quarrel.
135. Bowring's religious principles prevented
him from admitting some of Bentham's works
to the collective edition.
136. Works, x, 471-72.
137. Ibid., x, 576.
138. Ibid., x, 588.
139. Works, xi, 37. Papers preserved at University
College show that during Peel's law reforms
at this time Bentham frequently communicated
with him.
140. Ibid., xi, 50.
141. Ibid., v, 549.
142. Ibid., v, 609.
143. Works, x, 594.
144. Ibid., xi, 26.
145. Ibid., xi, 13, 28.
146. Works, x, 468.
147. Ibid., x, 551.
148. Ibid., xi, 75.
149. Ibid., xi, 35.
150. Mill's Dissertations, i, 354 and 392n.
151. Works, x, 442.
152. Works, x, 467; xi, 79.
153. Ibid., xi, 23-24.
154. Ibid., x, 450.
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