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argued to be beneficial, as they serve to fill the newspapers, and for a subject to talk of—this is a sort of sophistry that it might be difficult to disprove on the bar scheme of contingent utility ; but on the ground that we have stated, it must pass for mere irony. What the proportion between the good and the evil will really be found in any of the supposed cases, may be a question to the understanding ; but to the imagination and the heart, that is, to the natural feelings of mankind, it admits of none !
Mr. Bentham, in adjusting the provisions of a penal code, lays too little stress on the co-operation of the natural prejudices of mankind, and the habitual feelings of that class of persons for whom they are more particularly designed. Legislators (we mean writers on legislation) are philosophers, and governed by their reason : criminals, for whose controul laws are made, are a set of desperadoes, governed only by their passions. What wonder that so little progress
has been made towards a mutual understanding between the two parties ! They are quite a different species, and speak a different language, and are sadly at a loss for a common interpreter between them. Perhaps the Ordinary of Newgate bids as fair for this office as any one. What should Mr. Bentham, sitting at ease in his arm-chair, composing his mind before he begins to write by a prelude on the organ, and looking out at a beautiful
prospect when he is at a loss for an idea, know of the principles of action of rogues, outlaws, and vagabonds? No more than Montaigne of the motions of his cat ! If sanguine and tender-hearted philanthropists have set on foot an inquiry into the barbarity and the defects of penal laws, the practical improvements have been mostly suggested by reformed cut-throats, turnkeys, and thief-takers. What even can the Honourable House, who when the Speaker has pronounced the well-known, wished-for sounds, " That this house do now adjourn, retire, after voting a royal crusade or a loan of millions, to lie on down, and feed on plate in spacious palaces, know of what passes in the hearts of wretches in garrets and night-cellars, petty pilferers and marauders, who cut throats and pick pockets with their own hands? The thing is impossible. The laws of the country are, therefore, ineffectual and abortive, because they are made by the rich for the poor, by the wise for the ignorant, by the respectable and exalted in station for the very scum and refuse of the community. If Newgate would resolve itself into a committee of the whole Pressyard, with Jack Ketch at its head, aided by confidential persons from the county prisons or the Hulks, and would make a clear breast, some data might be found out to proceed upon; but as it is, the criminal mind of the country is a book sealed, no one has been able to penetrate to the inside ! Mr.
Bentham, in his attempts to revise and amend our criminal jurisprudence, proceeds entirely on his favourite principle of Utility. Convince highwaymen and housebreakers that it will be for their interest to reform, and they will reform and lead honest lives; according to Mr. Bentham. He
“ All act from calculation, even madmen reason." And, in our opinion, he might as well carry this maxim to Bedlam or St. Luke's, and apply it to the inhabitants, as think to coerce or overawe the inmates of a gaol, or those whose practices make them candidates for that distinction, by the mere dry, detailed convictions of the understanding. Criminals are not to be influenced by reason ; for it is of the very essence of crime to disregard consequences both to ourselves and others. You may as well preach philosophy to a drunken man, or to the dead, as to those who are under the instigation of any mischievous passion. A man is a drunkard, and you tell him he ought to be sober; he is debauched, and you ask him to reform ; he is idle, and you recommend industry to him as his wisest course ; he gambles, and you remind him that he
may be ruined by this foible; he has lost his character, and you advise him to get into some reputable service or lucrative situation ; vice becomes a habit with him, and you request him to rouse himself and shake it off; he is starving, and you warn him if he breaks the law, he will be hanged. None of this rea
soning reaches the mark it aims at. The culprit, who violates and suffers the vengeance of the laws, is not the dupe of ignorance, but the slave of passion, the victim of habit or necessity. To argue with strong passion, with inveterate habit, with desperate circumstances, is to talk to the winds. Clownish ignorance may indeed be dispelled, and taught better; but it is seldom that a criminal is not aware of the consequences of his act, or has not made up his mind to the alternative. They are, in general, too knowing by half. You tell a person of this stamp what is his interest; he says he does not care about his interest, or the world and he differ on that particular. But there is one point on which he must agree with them, namely, what they think of his conduct, and that is the only hold you have of him. A man may be callous and indifferent to what happens to himself; but he is never indifferent to public opinion, or proof against open scorn and infamy. Shame, then, not fear, is the sheet-anchor of the law. He who is not afraid of being pointed at as a thief, will not mind a month's hard labour. He who is prepared to take the life of another, is already reckless of his own. But every one makes a sorry figure in the pillory ; and the being launched from the New Drop lowers a man in his own opinion. The lawless and violent spirit, who is hurried by head-strong self-will to break the laws, does not like to have the ground of
pride and obstinacy struck from under his feet. This is what gives the swells of the metropolis such a dread of the tread-mill-it makes them ridiculous. It must be confessed, that this very circumstance renders the reform of criminals nearly hopeless. It is the apprehension of being stigmatized by public opinion, the fear of what will be thought and said of them, that deters men from the violation of the laws, while their character remains unimpeached; but honour once lost, all is lost. The man can never be himself again! A citizen is like a soldier, a part of a machine, who submits to certain hardships, privations, and dangers, not for his own ease, pleasure, profit, or even conscience, but-for shame. What is it that keeps the machine together in either case ? Not punishment or discipline, but sympathy. The soldier mounts the breach or stands in the trenches, the peasant hedges and ditches, or the mechanic plies his ceaseless task, because the one will not be called a coward, the other a rogue: but let the one turn deserter and the other vagabond, and there is an end of him. The grinding law of necessity, which is no other than a name, a breath, loses its force ; he is no longer sustained by the good opinion of others, and he drops out of his place in society, a useless clog ! Mr. Bentham takes a culprit, and puts him into what he calls a Panopticon, that is, a sort of circular prison, with open cells, like a glass bee-hive. He sits in the