,,the ,,english ,,utilitarians ,by ,,leslie ,,stephen ,illustration ,,london ,,duckworth and ,,co4 #c ,,henrietta ,,street1 ,w4,c4 #aijj ,,preface ,this book is a sequel to my ,history of ,english ,thought in the ,eighteenth ,century4 ,the title which ,i then ventured to use was more comprehensive than the work itself deserved3 ,i felt my inability to write a continuation which should at all correspond to a similar title for the nineteenth century4 ,i thought1 however1 that by writing an account of the compact and energetic school of ,english ,utilitarians ,i could throw some light both upon them and their contemporaries4 ,i had the advantage for this purpose of having been myself a disciple of the school during its last period4 ,many accidents have delayed my completion of the task2 and delayed also its publication after it was written4 ,two books have been published since that time1 which partly cover the same ground2 and ,i must be content with referring my readers to them for further information4 ,they are ,the ,english ,radicals1 by ,mr4 ,c4 ,b4 ,roylance ,kent2 and ,english ,political ,philosophy from ,hobbes to ,maine1 by ,professor ,graham4 ,,contents ,,page ,,introductory #a ,,chapter ,i ,,political ,,conditions ,i4 ,the ,british ,constitution #ab ,,ii4 ,the ,ruling ,class #ah ,,iii4 ,legislation and ,administration #bb ,,iv4 ,the ,army and ,navy #cj ,v4 ,the ,church #ce ,,vi4 ,the ,universities #dc ,,vii4 ,theory #ea ,,chapter ,,ii ,,the ,,industrial ,,spirit ,i4 ,the ,manufacturers #eg ,,ii4 ,the ,agriculturists #fi ,,chapter ,,iii ,,social ,,problems ,i4 ,pauperism #hg ,,ii4 ,the ,police #ii ,,iii4 ,education #ajh ,,iv4 ,the ,slave-,trade #aac ,v4 ,the ,french ,revolution #aba ,,vi4 ,individualism #acj ,,chapter ,,iv ,,philosophy ,i4 ,john ,horne ,tooke #acg ,,ii4 ,dugald ,stewart #adb ,,chapter ,v ,,bentham',s ,,life ,i4 ,early ,life #afi ,,ii4 ,first ,writings #age ,,iii4 ,the ,panopticon #aic ,,iv4 ,utilitarian ,propaganda #bjf ,v4 ,codification #bbb ,,chapter ,,vi ,,bentham',s ,,doctrine ,i4 ,first ,principles #bce ,,ii4 ,springs of ,action #bdi ,,iii4 ,the ,sanctions #bee ,,iv4 ,criminal ,law #bfc ,v4 ,english ,law #bga ,,vi4 ,radicalism #bhb ,,vii4 ,individualism #cjg ,,note ,,on ,,bentham',s ,,writings #cai ,,introductory ,the ,english ,utilitarians of whom ,i am about to give some account were a group of men who for three generations had a conspicuous influence upon ,english thought and political action4 ,jeremy ,bentham1 ,james ,mill1 and ,john ,stuart ,mill were successively their leaders2 and ,i shall speak of each in turn4 ,it may be well to premise a brief indication of the method which ,i have adopted4 ,i have devoted a much greater proportion of my work to biography and to consideration of political and social conditions than would be appropriate to the history of a philosophy4 ,the reasons for such a course are very obvious in this case1 inasmuch as the ,utilitarian doctrines were worked out with a constant reference to practical applications4 ,i think1 indeed1 that such a reference is often equally present1 though not equally conspicuous1 in other philosophical schools4 ,but in any case ,i wish to show how ,i conceive the relation of my scheme to the scheme more generally adopted by historians of abstract speculation4 ,i am primarily concerned with the history of a school or sect1 not with the history of the arguments by which it justifies itself in the court of pure reason4 ,i must therefore consider the creed as it was actually embodied in the dominant beliefs of the adherents of the school1 not as it was expounded in lecture-rooms or treatises on first principles4 ,i deal not with philosophers meditating upon ,being and not-,being1 but with men actively engaged in framing political platforms and carrying on popular agitations4 ,the great majority even of intelligent partisans are either indifferent to the philosophic creed of their leaders or take it for granted4 ,its postulates are more or less implied in the doctrines which guide them in practice1 but are not explicitly stated or deliberately reasoned out4 ,not the less the doctrines of a sect1 political or religious1 may be dependent upon theories which for the greater number remain latent or are recognised only in their concrete application4 ,contemporary members of any society1 however widely they differ as to results1 are employed upon the same problems and1 to some extent1 use the same methods and make the same assumptions in attempting solutions4 ,there is a certain unity even in the general thought of any given period4 ,contradictory views imply some common ground4 ,but within this wider unity we find a variety of sects1 each of which may be considered as more or less representing a particular method of treating the general problem3 and therefore principles which1 whether clearly recognised or not1 are virtually implied in their party creed and give a certain unity to their teaching4 ,one obvious principle of unity1 or tacit bond of sympathy which holds a sect together depends upon the intellectual idiosyncrasy of the individuals4 ,coleridge was aiming at an important truth when he said that every man was born an ,aristotelian or a ,platonist4#a ,nominalists and realists1 intuitionists and empiricists1 idealists and materialists1 represent different forms of a fundamental antithesis which appears to run through all philosophy4 ,each thinker is apt to take the postulates congenial to his own mind as the plain dictates of reason4 ,controversies between such opposites appear to be hopeless4 ,they have been aptly compared by ,dr4 ,venn to the erection of a snow-bank to dam a river4 ,the snow melts and swells the torrent which it was intended to arrest4 ,each side reads admitted truths into its own dialect1 and infers that its own dialect affords the only valid expression4 ,to regard such antitheses as final and insoluble would be to admit complete scepticism4 ,what is true for one man would not therefore be true--or at least its truth would not be demonstrable--to another4 ,we must trust that reconciliation is achievable by showing that the difference is really less vital and corresponds to a difference of methods or of the spheres within which each mode of thought may be valid4 ,to obtain the point of view from which such a conciliation is possible should be1 ,i hold1 one main end of modern philosophising4 ,the effect of this profound intellectual difference is complicated by other obvious influences4 ,there is1 in the first place1 the difference of intellectual horizon4 ,each man has a world of his own and sees a different set of facts4 ,whether his horizon is that which is visible from his parish steeple or from ,st4 ,peter's at ,rome1 it is still strictly limited3 and the outside universe1 known vaguely and indirectly1 does not affect him like the facts actually present to his perception4 ,the most candid thinkers will come to different conclusions when they are really provided with different sets of fact4 ,in political and social problems every man's opinions are moulded by his social station4 ,the artisan's view of the capitalist1 and the capitalist's view of the artisan1 are both imperfect1 because each has a first-hand knowledge of his own class alone3 and1 however anxious to be fair1 each will take a very different view of the working of political institutions4 ,an apparent concord often covers the widest divergence under the veil of a common formula1 because each man has his private mode of interpreting general phrases in terms of concrete fact4 ,this1 of course1 implies the further difference arising from the passions which1 however illogically1 go so far to determine opinions4 ,here we have the most general source of difficulty in considering the actual history of a creed4 ,we cannot limit ourselves to the purely logical factor4 ,all thought has to start from postulates4 ,men have to act before they think3 before1 at any rate1 reasoning becomes distinct from imagining or guessing4 ,to explain in early periods is to fancy and to take a fancy for a perception4 ,the world of the primitive man is constructed not only from vague conjectures and hasty analogies but from his hopes and fears1 and bears the impress of his emotional nature4 ,when progress takes place some of his beliefs are confirmed1 some disappear1 and others are transformed3 and the whole history of thought is a history of this gradual process of verification4 ,we begin1 it is said1 by assuming3 we proceed by verifying1 and we only end by demonstrating4 ,the process is comparatively simple in that part of knowledge which ultimately corresponds to the physical sciences4 ,there must be a certain harmony between beliefs and realities in regard to knowledge of ordinary matters of fact1 if only because such harmony is essential to the life of the race4 ,even an ape must distinguish poisonous from wholesome food4 ,beliefs as to physical facts require to be made articulate and distinct2 but we have only to recognise as logical principles the laws of nature which we have unconsciously obeyed and illustrated--to formulate dynamics long after we have applied the science in throwing stones or using bows and arrows4 ,but what corresponds to this in the case of the moral and religious beliefs8 ,what is the process of verification8 ,men practically are satisfied with their creed so long as they are satisfied with the corresponding social order4 ,the test of truth so suggested is obviously inadequate3 for all great religions1 however contradictory to each other1 have been able to satisfy it for long periods4 ,particular doctrines might be tested by experiment4 ,the efficacy of witchcraft might be investigated like the efficacy of vaccination4 ,but faith can always make as many miracles as it wants3 and errors which originate in the fancy cannot be at once extirpated by the reason4 ,their form may be changed but not their substance4 ,to remove them requires not disproof of this or that fact1 but an intellectual discipline which is rare even among the educated classes4 ,a religious creed survives1 as poetry or art survives1--not so long as it contains apparently true statements of fact but--so long as it is congenial to the whole social state4 ,a philosophy indeed is a poetry stated in terms of logic4 ,considering the natural conservatism of mankind1 the difficulty is to account for progress1 not for the persistence of error4 ,when the existing order ceases to be satisfactory2 when conquest or commerce has welded nations together and brought conflicting creeds into cohesion2 when industrial development has modified the old class relations2 or when the governing classes have ceased to discharge their functions1 new principles are demanded and new prophets arise4 ,the philosopher may then become the mouthpiece of the new order1 and innocently take himself to be its originator4 ,his doctrines were fruitless so long as the soil was not prepared for the seed4 ,a premature discovery if not stamped out by fire and sword is stifled by indifference4 ,if ,francis ,bacon succeeded where ,roger ,bacon failed1 the difference was due to the social conditions1 not to the men4 ,the cause of the great religious as well as of the great political revolutions must be sought mainly in the social history4 ,new creeds spread when they satisfy the instincts or the passions roused to activity by other causes4 ,the system has to be so far true as to be credible at the time2 but its vitality depends upon its congeniality as a whole to the aspirations of the mass of mankind4 ,the purely intellectual movement no doubt represents the decisive factor4 ,the love of truth in the abstract is probably the weakest of human passions2 but truth when attained ultimately gives the fulcrum for a reconstruction of the world4 ,when a solid core of ascertained and verifiable truth has once been formed and applied to practical results it becomes the fixed pivot upon which all beliefs must ultimately turn4 ,the influence1 however1 is often obscure and still indirect4 ,the more cultivated recognise the necessity of bringing their whole doctrine into conformity with the definitely organised and established system2 and1 at the present day1 even the uneducated begin to have an inkling of possible results4 ,yet the desire for logical consistency is not one which presses forcibly upon the less cultivated intellects4 ,they do not feel the necessity of unifying knowledge or bringing their various opinions into consistency and into harmony with facts4 ,there are easy methods of avoiding any troublesome conflict of belief4 ,the philosopher is ready to show them the way4 ,he1 like other people1 has to start from postulates1 and to see how they will work4 ,when he meets with a difficulty it is perfectly legitimate that he should try how far the old formula can be applied to cover the new applications4 ,he may be led to a process of 'rationalising' or 'spiritualising' which is dangerous to intellectual honesty4 ,the vagueness of the general conceptions with which he is concerned facilitates the adaptation2 and his words slide into new meanings by imperceptible gradations4 ,his error is in taking a legitimate tentative process for a conclusive test2 and inferring that opinions are confirmed because a non-natural interpretation can be forced upon them4 ,this1 however1 is only the vicious application of the normal process through which new ideas are diffused or slowly infiltrate the old systems till the necessity of a thoroughgoing reconstruction forces itself upon our attention4 ,nor can it be denied that an opposite fallacy is equally possible1 especially in times of revolutionary passion4 ,the apparent irreconcilability of some new doctrine with the old may lead to the summary rejection of the implicit truth1 together with the error involved in its imperfect recognition4 ,hence arises the necessity for faking into account not only a man's intellectual idiosyncrasies and the special intellectual horizon1 but all the prepossessions due to his personal character1 his social environment1 and his consequent sympathies and antipathies4 ,the philosopher has his passions like other men4 ,he does not really live in the thin air of abstract speculation4 ,on the contrary1 he starts generally1 and surely is right in starting1 with keen interest in the great religious1 ethical1 and social problems of the time4 ,he wishes--honestly and eagerly--to try them by the severest tests1 and to hold fast only what is clearly valid4 ,the desire to apply his principles in fact justifies his pursuit1 and redeems him from the charge that he is delighting in barren intellectual subtleties4 ,but to an outsider his procedure may appear in a different light4 ,his real problem comes to be3 how the conclusions which are agreeable to his emotions can be connected with the postulates which are congenial to his intellect8 ,he may be absolutely honest and quite unconscious that his conclusions were prearranged by his sympathies4 ,no philosophic creed of any importance has ever been constructed1 we may well believe1 without such sincerity and without such plausibility as results from its correspondence to at least some aspects of the truth4 ,but the result is sufficiently shown by the perplexed controversies which arise4 ,men agree in their conclusions1 though starting from opposite premises2 or from the same premises reach the most diverging conclusions4 ,the same code of practical morality1 it is often said1 is accepted by thinkers who deny each other's first principles2 dogmatism often appears to its opponents to be thoroughgoing scepticism in disguise1 and men establish victoriously results which turn out in the end to be really a stronghold for their antagonists4 ,hence there is a distinction between such a history of a sect as ,i contemplate and a history of scientific inquiry or of pure philosophy4 ,a history of mathematical or physical science would differ from a direct exposition of the science1 but only in so far as it would state truths in the order of discovery1 not in the order most convenient for displaying them as a system4 ,it would show what were the processes by which they were originally found out1 and how they have been afterwards annexed or absorbed in some wider generalisation4 ,these facts might be stated without any reference to the history of the discoverers or of the society to which they belonged4 ,they would indeed suggest very interesting topics to the general historian or 'sociologist4' ,he might be led to inquire under what conditions men came to inquire scientifically at all2 why they ceased for centuries to care for science2 why they took up special departments of investigation2 and what was the effect of scientific discoveries upon social relations in general4 ,but the two inquiries would be distinct for obvious reasons4 ,if men study mathematics they can only come to one conclusion4 ,they will find out the same propositions of geometry if they only think clearly enough and long enough1 as certainly as ,columbus would discover ,america if he only sailed far enough4 ,america was there1 and so in a sense are the propositions4 ,we may therefore in this case entirely separate the two questions3 what leads men to think8 and what conclusions will they reach8 ,the reasons which guided the first discoverers are just as valid now1 though they can be more systematically stated4 ,but in the 'moral sciences' this distinction is not equally possible4 ,the intellectual and the social evolution are closely and intricately connected1 and each reacts upon the other4 ,in the last resort no doubt a definitive system of belief once elaborated would repose upon universally valid truths and determine1 instead of being determined by1 the corresponding social order4 ,but in the concrete evolution which1 we may hope1 is approximating towards this result1 the creeds current among mankind have been determined by the social conditions as well as helped to determine them4 ,to give an account of that process it is necessary to specify the various circumstances which may lead to the survival of error1 and to the partial views of truth taken by men of different idiosyncrasies working upon different data and moved by different passions and prepossessions4 ,a history written upon these terms would show primarily what1 as a fact1 were the dominant beliefs during a given period1 and state which survived1 which disappeared1 and which were transformed or engrafted upon other systems of thought4 ,this would of course raise the question of the truth or falsehood of the doctrines as well as of their vitality3 for the truth is at least one essential condition of permanent vitality4 ,the difference would be that the problem would be approached from a different side4 ,we should ask first what beliefs have flourished1 and afterwards ask why they flourished1 and how far their vitality was due to their partial or complete truth4 ,to write such a history would perhaps require an impartiality which few people possess and which ,i do not venture to claim4 ,i have my own opinions for which other people may account by prejudice1 assumption1 or downright incapacity4 ,i am quite aware that ,i shall be implicitly criticising myself in criticising others4 ,all that ,i can profess is that by taking the questions in this order1 ,i shall hope to fix attention upon one set of considerations which are apt1 as ,i fancy1 to be unduly neglected4 ,the result of reading some histories is to raise the question3 how people on the other side came to be such unmitigated fools8 ,why were they imposed upon by such obvious fallacies8 ,that may be answered by considering more fully the conditions under which the opinions were actually adopted1 and one result may be to show that those opinions had a considerable element of truth1 and were held by men who were the very opposite of fools4 ,at any rate ,i shall do what ,i can to write an account of this phase of thought1 so as to bring out what were its real tenets2 to what intellectual type they were naturally congenial2 what were the limitations of view which affected the ,utilitarians' conception of the problems to be solved2 and what were the passions and prepossessions due to the contemporary state of society and to their own class position1 which to some degree unconsciously dictated their conclusions4 ,so far as ,i can do this satisfactorily1 ,i hope that ,i may throw some light upon the intrinsic value of the creed1 and the place which it should occupy in a definitive system4 ,,notes3 #a ,table-,talk1 #c ,july #ahcj4 ,,chapter ,i ,,political ,,conditions ,i4 ,,the ,,british ,,constitution ,the ,english ,utilitarians represent one outcome of the speculations current in ,england during the later part of the eighteenth century4 ,for the reasons just assigned ,i shall begin by briefly recalling some of the social conditions which set the problems for the coming generation and determined the mode of answering them4 ,i must put the main facts in evidence1 though they are even painfully familiar4 ,the most obvious starting-point is given by the political situation4 ,the supremacy of parliament had been definitively established by the revolution of #afhh1 and had been followed by the elaboration of the system of party government4 ,the centre of gravity of the political world lay in the ,house of ,commons4 ,no minister could hold power unless he could command a majority in this house4 ,jealousy of the royal power1 however1 was still a ruling passion4 ,the party line between ,whig and ,tory turned ostensibly upon this issue4 ,the essential ,whig doctrine is indicated by ,dunning's famous resolution 7#f ,april #aghj7 that 'the power of the crown had increased1 was increasing1 and ought to be diminished4' ,the resolution was in one sense an anachronism4 ,as in many other cases1 politicians seem to be elaborately slaying the slain and guarding against the attacks of extinct monsters4 ,there was scarcely more probability under ,george ,,iii4 than there is under ,victoria that the king would try to raise taxes without consent of parliament4 ,george ,,iii41 however1 desired to be more than a contrivance for fixing the great seal to official documents4 ,he had good reason for thinking that the weakness of the executive was an evil4 ,the king could gain power not by attacking the authority of parliament but by gaining influence within its walls4 ,he might form a party of 'king's friends' able to hold the balance between the connections formed by the great families and so break up the system of party government4 ,burke's great speech 7#aa ,feb4 #aghj7 upon introducing his plan 'for the better security of the independence of parliament and the economical reformation of the civil and other establishments' explains the secret and reveals the state of things which for the next half century was to supply one main theme for the eloquence of reformers4 ,the king had at his disposal a vast amount of patronage4 ,there were relics of ancient institutions3 the principality of ,wales1 the duchies of ,lancaster and ,cornwall1 and the earldom of ,chester2 each with its revenue and establishment of superfluous officials4 ,the royal household was a complex 'body corporate' founded in the old days of 'purveyance4' ,there was the mysterious ',board of ,green ,cloth' formed by the great officers and supposed to have judicial as well as administrative functions4 ,cumbrous mediaeval machinery thus remained which had been formed in the time when the distinction between a public trust and private property was not definitely drawn or which had been allowed to remain for the sake of patronage1 when its functions had been transferred to officials of more modern type4 ,reform was foiled1 as ,burke put it1 because the turnspit in the king's kitchen was a member of parliament4 ,such sinecures and the pensions on the civil list or the ,irish establishment provided the funds by which the king could build up a personal influence1 which was yet occult1 irresponsible1 and corrupt4 ,the measure passed by ,burke in #aghbb made a beginning in the removal of such abuses4 ,meanwhile the ,whigs were conveniently blind to another side of the question4 ,if the king could buy1 it was because there were plenty of people both able and willing to sell4 ,bubb ,dodington1 a typical example of the old system1 had five or six seats at his disposal3 subject only to the necessity of throwing a few pounds to the 'venal wretches' who went through the form of voting1 and by dealing in what he calls this 'merchantable ware' he managed by lifelong efforts to wriggle into a peerage4 ,the ,dodingtons1 that is1 sold because they bought4 ,the 'venal wretches' were the lucky franchise-holders in rotten boroughs4 ,the ',friends of the ,people'#c in #agic made the often-repeated statement that #aed individuals returned #cjg members1 that is1 a majority of the house4 ,in ,cornwall1 again1 #ba boroughs with #dec electors controlled by about #ae individuals returned #db members1#d or1 with the two county members1 only one member less than ,scotland2 and the ,scottish members were elected by close corporations in boroughs and by the great families in counties4 ,no wonder if the ,house of ,commons seemed at times to be little more than an exchange for the traffic between the proprietors of votes and the proprietors of offices and pensions4 ,the demand for the reforms advocated by ,burke and ,dunning was due to the catastrophe of the ,american ,war4 ,the scandal caused by the famous coalition of #aghc showed that a diminution of the royal influence might only make room for selfish bargains among the proprietors of parliamentary influence4 ,the demand for reform was taken up by ,pitt4 ,his plan was significant4 ,he proposed to disfranchise a few rotten boroughs2 but to soften this measure he afterwards suggested that a million should be set aside to buy such boroughs as should voluntarily apply for disfranchisement4 ,the seats obtained were to be mainly added to county representation2 but the franchise was to be extended so as to add about #ii1jjj voters in boroughs1 and additional seats were to be given to ,london and ,westminster and to ,manchester1 ,leeds1 ,birmingham1 and ,sheffield4 ,the ,yorkshire reformers1 who led the movement1 were satisfied with this modest scheme4 ,the borough proprietors were obviously too strong to be directly attacked1 though they might be induced to sell some of their power4 ,here was a mass of anomalies1 sufficient to supply topics of denunciation for two generations of reformers1 and1 in time1 to excite fears of violent revolution4 ,without undertaking the easy task of denouncing exploded systems1 we may ask what state of mind they implied4 ,our ancestors were perfectly convinced that their political system was of almost unrivalled excellence3 they held that they were freemen entitled to look down upon foreigners as the slaves of despots4 ,nor can we say that their satisfaction was without solid grounds4 ,the boasting about ,english freedom implied some misunderstanding4 ,but it was at least the boast of a vigorous race4 ,not only were there individuals capable of patriotism and public spirit1 but the body politic was capable of continuous energy4 ,during the eighteenth century the ,british empire spread round the world4 ,under ,chatham it had been finally decided that the ,english race should be the dominant element in the new world2 if the political connection had been severed by the bungling of his successors1 the unbroken spirit of the nation had still been shown in the struggle against ,france1 ,spain1 and the revolted colonies2 and whatever may be thought of the motives which produced the great revolutionary wars1 no one can deny the qualities of indomitable self-reliance and high courage to the men who led the country through the twenty years of struggle against ,france1 and for a time against ,france with the continent at its feet4 ,if moralists or political theorists find much to condemn in the ends to which ,british policy was directed1 they must admit that the qualities displayed were not such as can belong to a simply corrupt and mean-spirited government4 ,one obvious remark is that1 on the whole1 the system was a very good one--as systems go4 ,it allowed free play to the effective political forces4 ,down to the revolutionary period1 the nation as a whole was contented with its institutions4 ,the political machinery provided a sufficient channel for the really efficient force of public opinion4 ,there was as yet no large class which at once had political aspirations and was unable to gain a hearing4 ,england was still in the main an agricultural country3 and the agricultural labourer was fairly prosperous till the end of the century1 while his ignorance and isolation made him indifferent to politics4 ,there might be a bad squire or parson1 as there might be a bad season2 but squire and parson were as much parts of the natural order of things as the weather4 ,the farmer or yeoman was not much less stolid2 and his politics meant at most a choice between allegiance to one or other of the county families4 ,if in the towns which were rapidly developing there was growing up a discontented population1 its discontent was not yet directed into political channels4 ,an extended franchise meant a larger expenditure on beer1 not the readier acceptance of popular aspirations4 ,to possess a vote was to have a claim to an occasional bonus rather than a right to influence legislation4 ,practically1 therefore1 parliament might be taken to represent what might be called 'public opinion1' for anything that deserved to be called public opinion was limited to the opinions of the gentry and the more intelligent part of the middle classes4 ,there was no want of complaints of corruption1 proposals to exclude placemen from parliament and the like2 and in the days of ,wilkes1 ,chatham1 and ,junius1 when the first symptoms of democratic activity began to affect the political movement1 the discontent made itself audible and alarming4 ,but a main characteristic of the ,english reformers was the constant appeal to precedent1 even in their most excited moods4 ,they do not mention the rights of man2 they invoke the 'revolution principles' of #afhh2 they insist upon the ',bill of ,rights' or ,magna ,charta4 ,when keenly roused they recall the fate of ,charles ,i42 and their favourite toast is the cause for which ,hampden died on the field and ,sidney on the scaffold4 ,they believe in the jury as the 'palladium of our liberties'2 and are convinced that the ,british ,constitution represents an unsurpassable though unfortunately an ideal order of things1 which must have existed at some indefinite period4 ,chatham in one of his most famous speeches1 appeals1 for example1 to the 'iron barons' who resisted ,king ,john1 and contrasts them with the silken courtiers which now compete for place and pensions4 ,the political reformers of the time1 like religious reformers in most times1 conceive of themselves only as demanding the restoration of the system to its original purity1 not as demanding its abrogation4 ,in other words1 they propose to remedy abuses but do not as yet even contemplate a really revolutionary change4 ,wilkes was not a ',wilkite1' nor was any of his party1 if ,wilkite meant anything like ,jacobin4 ,,notes3 #b #bb ,george ,,iii4 c4 #hb4 #c ,parl4 ,hist4 xxx4 #ghg4 #d ,state ,trials1 xxiv4 #chb4 ,,ii4 ,,the ,,ruling ,,class ,thus1 however anomalous the constitution of parliament1 there was no thought of any far-reaching revolution4 ,the great mass of the population was too ignorant1 too scattered and too poor to have any real political opinions4 ,so long as certain prejudices were not aroused1 it was content to leave the management of the state to the dominant class1 which alone was intelligent enough to take an interest in public affairs and strong enough to make its interest felt4 ,this class consisted in the first place of the great landed interest4 ,when ,lord ,north opposed ,pitt's reform in #aghe he said#e that the ,constitution was 'the work of infinite wisdom 444 the most beautiful fabric that had ever existed since the beginning of time4' ,he added that 'the bulk and weight' of the house ought to be in 'the hands of the country-gentlemen1 the best and most respectable objects of the confidence of the people1' ,the speech1 though intended to please an audience of country-gentlemen1 represented a genuine belief4#f ,the country-gentlemen formed the class to which not only the constitutional laws but the prevailing sentiment of the country gave the lead in politics as in the whole social system4 ,even reformers proposed to improve the ,house of ,commons chiefly by increasing the number of county-members1 and a county-member was almost necessarily a country-gentleman of an exalted kind4 ,although the country-gentleman was very far from having all things his own way1 his ideals and prejudices were in a great degree the mould to which the other politically important class conformed4 ,there was indeed a growing jealousy between the landholders and the 'monied-men4' ,bolingbroke had expressed this distrust at an earlier part of the century4 ,but the true representative of the period was his successful rival1 ,walpole1 a thorough country-gentleman who had learned to understand the mysteries of finance and acquired the confidence of the city4 ,the great merchants of ,london and the rising manufacturers in the country were rapidly growing in wealth and influence4 ,the monied-men represented the most active1 energetic1 and growing part of the body politic4 ,their interests determined the direction of the national policy4 ,the great wars of the century were undertaken in the interests of ,british trade4 ,the extension of the empire in ,india was carried on through a great commercial company4 ,the growth of commerce supported the sea-power which was the main factor in the development of the empire4 ,the new industrial organisation which was arising was in later years to represent a class distinctly opposed to the old aristocratic order4 ,at present it was in a comparatively subordinate position4 ,the squire was interested in the land and the church2 the merchant thought more of commerce and was apt to be a dissenter4 ,but the merchant1 in spite of some little jealousies1 admitted the claims of the country-gentleman to be his social superior and political leader4 ,his highest ambition was to be himself admitted to the class or to secure the admission of his family4 ,as he became rich he bought a solid mansion at ,clapham or ,wimbledon1 and1 if he made a fortune1 might become lord of manors in the country4 ,he could not as yet aspire to become himself a peer1 but he might be the ancestor of peers4 ,the son of ,josiah ,child1 the great merchant of the seventeenth century1 became ,earl ,tylney1 and built at ,wanstead one of the noblest mansions in ,england4 ,his contemporary ,sir ,francis ,child1 ,lord ,mayor1 and a founder of the ,bank of ,england1 built ,osterley ,house1 and was ancestor of the earls of ,jersey and ,westmoreland4 ,the daughter of ,sir ,john ,barnard1 the typical merchant of ,walpole's time1 married the second ,lord ,palmerston4 ,beckford1 the famous ,lord ,mayor of ,chatham's day1 was father of the author of ,vathek1 who married an earl's daughter and became the father of a duchess4 ,the ,barings1 descendants of a ,german pastor1 settled in ,england early in the century and became country-gentlemen1 baronets1 and peers4 ,cobbett1 who saw them rise1 reviled the stockjobbers who were buying out the old families4 ,but the process had begun long before his days1 and meant that the heads of the new industrial system were being absorbed into the class of territorial magnates4 ,that class represented the framework upon which both political and social power was moulded4 ,this implies an essential characteristic of the time4 ,a familiar topic of the admirers of the ,british ,constitution was the absence of the sharp lines of demarcation between classes and of the exclusive aristocratic privileges which1 in ,france1 provoked the revolution4 ,in ,england the ruling class was not a 'survival'3 it had not retained privileges without discharging corresponding functions4 ,the essence of 'self-government1' says its most learned commentator1#g is the organic connection 'between ,state and society4' ,on the ,continent1 that is1 powers were intrusted to a centralised administrative and judicial hierarchy1 which in ,england were left to the class independently strong by its social position4 ,the landholder was powerful as a product of the whole system of industrial and agricultural development2 and he was bound in return to perform arduous and complicated duties4 ,how far he performed them well is another question4 ,at least1 he did whatever was done in the way of governing1 and therefore did not sink into a mere excrescence or superfluity4 ,i must try to point out certain results which had a material effect upon ,english opinion in general and1 in particular1 upon the ,utilitarians4 ,,notes3 #e ,parl4 ,hist4 xxv4 #dgb4 #f ,the country-gentlemen1 said ,wilberforce in #ahjj1 are the 'very nerves and ligatures of the body politic4'--,correspondence1 i4 #bai4 #g ,gneist's ,self-,government 7#crd edition1 #ahga71 p4 #hgi4 ,,iii4 ,,legislation ,,and ,,administration ,the country-gentlemen formed the bulk of the law-making body1 and the laws gave the first point of assault of the ,utilitarian movement4 ,one explanation is suggested by a phrase attributed to ,sir ,josiah ,child4#h ,the laws1 he said1 were a heap of nonsense1 compiled by a few ignorant country-gentlemen1 who hardly knew how to make good laws for the government of their own families1 much less for the regulation of companies and foreign commerce4 ,he meant that the parliamentary legislation of the century was the work of amateurs1 not of specialists2 of an assembly of men more interested in immediate questions of policy or personal intrigue than in general principles1 and not of such a centralised body as would set a value upon symmetry and scientific precision4 ,the country-gentleman had strong prejudices and enough common sense to recognise his own ignorance4 ,the product of a traditional order1 he clung to traditions1 and regarded the old maxims as sacred because no obvious reason could be assigned for them4 ,he was suspicious of abstract theories1 and it did not even occur to him that any such process as codification or radical alteration of the laws was conceivable4 ,for the law itself he had the profound veneration which is expressed by ,blackstone4 ,it represented the 'wisdom of our ancestors'2 the system of first principles1 on which the whole order of things reposed1 and which must be regarded as an embodiment of right reason4 ,the common law was a tradition1 not made by express legislation1 but somehow existing apart from any definite embodiment1 and revealed to certain learned hierophants4 ,any changes1 required by the growth of new social conditions1 had to be made under pretence of applying the old rules supposed to be already in existence4 ,thus grew up the system of 'judge-made law1' which was to become a special object of the denunciations of ,bentham4 ,child had noticed the incompetence of the country-gentlemen to understand the regulation of commercial affairs4 ,the gap was being filled up1 without express legislation1 by judicial interpretations of ,mansfield and his fellows4 ,this1 indeed1 marks a characteristic of the whole system4 ',our constitution1' says ,professor ,dicey1#i 'is a judge-made constitution1 and it bears on its face all the features1 good and bad1 of judge-made law4' ,the law of landed property1 meanwhile1 was of vital and immediate interest to the country-gentleman4 ,but1 feeling his own incompetence1 he had called in the aid of the expert4 ,the law had been developed in mediaeval times1 and bore in all its details the marks of the long series of struggles between king and nobles and parliaments4 ,one result had been the elaborate series of legal fictions worked out in the conflict between private interests and public policy1 by which lawyers had been able to adapt the rules fitted for an ancient state of society to another in which the very fundamental conceptions were altered4 ,a mysterious system had thus grown up1 which deterred any but the most resolute students4 ,of ,fearne's essay upon ',contingent remainders'7published in #aggb7 it was said that no work 'in any branch of science could afford a more beautiful instance of analysis4' ,fearne had shown the acuteness of 'a ,newton or a ,pascal4' ,other critics dispute this proposition2 but in any case the law was so perplexing that it could only be fully understood by one who united antiquarian knowledge to the subtlety of a great logician4 ,the 'vast and intricate machine1' as ,blackstone calls it1 'of a voluminous family settlement' required for its explanation the dialectical skill of an accomplished schoolman4 ,the poor country-gentleman could not understand the terms on which he held his own estate without calling in an expert equal to such a task4 ,the man who has acquired skill so essential to his employer's interests is not likely to undervalue it or to be over anxious to simplify the labyrinth in which he shone as a competent guide4 ,the lawyers who played so important a part by their familiarity with the mysteries of commercial law and landed property1 naturally enjoyed the respect of their clients1 and were rewarded by adoption into the class4 ,the ,english barrister aspired to success by himself taking part in politics and legislation4 ,the only path to the highest positions really open to a man of ability1 not connected by blood with the great families1 was the path which led to the woolsack or to the judge's bench4 ,a great merchant might be the father or father-in-law of peers2 a successful soldier or sailor might himself become a peer1 but generally he began life as a member of the ruling classes1 and his promotion was affected by parliamentary influence4 ,but a successful lawyer might fight his way from a humble position to the ,house of ,lords4 ,thurlow1 son of a country-gentleman2 ,dunning1 son of a country attorney2 ,ellenborough1 son of a bishop and descendant of a long line of ,north-country 'statesmen'2 ,kenyon1 son of a farmer2 ,eldon1 son of a ,newcastle coal merchant1 represent the average career of a successful barrister4 ,some of them rose to be men of political importance1 and ,thurlow and ,eldon had the advantage of keeping ,george ,,iii's conscience--an unruly faculty which had an unfortunately strong influence upon affairs4 ,the leaders of the legal profession1 therefore1 and those who hoped to be leaders1 shared the prejudices1 took a part in the struggles1 and were rewarded by the honours of the dominant class4 ,the criminal law became a main topic of reformers4 ,there1 as elsewhere1 we have a striking example of traditional modes of thought surviving with singular persistence4 ,the rough classification of crimes into felony and misdemeanour1 and the strange technical rules about 'benefit of clergy' dating back to the struggles of ,henry ,,ii4 and ,becket1 remained like ultimate categories of thought4 ,when the growth of social conditions led to new temptations or the appearance of a new criminal class1 and particular varieties of crime became conspicuous1 the only remedy was to declare that some offence should be 'felony without benefit of clergy1' and therefore punishable by death4 ,by unsystematic and spasmodic legislation the criminal law became so savage as to shock every man of common humanity4 ,it was tempered by the growth of technical rules1 which gave many chances of escape to the criminal2 and by practical revolt against its excesses1 which led to the remission of the great majority of capital sentences4#aj ,the legislators were clumsy1 not intentionally cruel2 and the laws1 though sanguinary in reality1 were more sanguinary in theory than in practice4 ,nothing1 on the other hand1 is more conspicuous than the spirit of fair play to the criminal1 which struck foreign observers4#aa ,it was deeply rooted in the whole system4 ,the ,english judge was not an official agent of an inquisitorial system1 but an impartial arbitrator between the prisoner and the prosecutor4 ,in political cases especially a marked change was brought about by the revolution of #afhh4 ,if our ancestors talked some nonsense about trial by jury1 the system certainly insured that the persons accused of libel or sedition should have a fair trial1 and very often something more4 ,judges of the ,jeffreys type had become inconceivable1 though impartiality might disappear in cases where the prejudices of juries were actively aroused4 ,englishmen might fairly boast of their immunity from the arbitrary methods of continental rulers2 and their unhesitating confidence in the fairness of the system became so ingrained as to be taken as a matter of course1 and scarcely received due credit from later critics of the system4 ,the country-gentleman1 again1 was not only the legislator but a most important figure in the judicial and administrative system4 ,as justice of the peace1 he was the representative of law and order to his country neighbours4 ,the preface of #aghe to the fifteenth edition of ,burn's ,justice of the ,peace1 published originally in #agee1 mentions that in the interval between these dates1 some three hundred statutes had been passed affecting the duties of justices1 while half as many had been repealed or modified4 ,the justice was of course1 as a rule1 a superficial lawyer1 and had to be prompted by his clerk1 the two representing on a small scale the general relation between the lawyers and the ruling class4 ,burn tells the justice for his comfort that the judges will take a lenient view of any errors into which his ignorance may have led him4 ,the discharge of such duties by an independent gentleman was thought to be so desirable and so creditable to him that his want of efficiency must be regarded with consideration4 ,nor1 though the justices have been a favourite butt for satirists1 does it appear that the system worked badly4 ,when it became necessary to appoint paid magistrates in ,london1 and the pay1 according to the prevalent system1 was provided by fees1 the new officials became known as 'trading justices1' and their salaries1 as ,fielding tells us1 were some of the 'dirtiest money upon earth4' ,the justices might perhaps be hard upon a poacher 7as1 indeed1 the game laws became one of the great scandals of the system71 or liable to be misled by a shrewd attorney2 but they were on the whole regarded as the natural and creditable representatives of legal authority in the country4 ,the justices1 again1 discharged functions which would elsewhere belong to an administrative hierarchy1 ,gneist observes that the power of the justices of the peace represents the centre of gravity of the whole administrative system4#ab ,their duties had become so multifarious and perplexed that ,burn could only arrange them under alphabetical heads4 ,gneist works out a systematic account1 filling many pages of elaborate detail1 and showing how large a part they played in the whole social structure4 ,an intense jealousy of central power was one correlative characteristic4 ,blackstone remarks in his more liberal humour that the number of new offices held at pleasure had greatly extended the influence of the crown4 ,this refers to the custom-house officers1 excise officers1 stamp distributors and postmasters4 ,but if the tax-gatherer represented the state1 he represented also part of the patronage at the disposal of politicians4 ,a voter was often in search of the place of a 'tidewaiter'2 and1 as we know1 the greatest poet of the day could only be rewarded by making him an exciseman4 ,any extension of a system which multiplied public offices was regarded with suspicion4 ,walpole1 the strongest minister of the century1 had been forced to an ignominious retreat when he proposed to extend the excise4 ,the cry arose that he meant to enslave the country and extend the influence of the crown over all the corporations in ,england4 ,the country-gentleman had little reason to fear that government would diminish his importance by tampering with his functions4 ,the justices of the peace were called upon to take a great and increasing share in the administration of the poor-law4 ,they were concerned in all manner of financial details2 they regulated such police as existed2 they looked after the old laws by which the trades were still restricted2 and1 in theory at least1 could fix the rate of wages4 ,parliament did not override1 but only gave the necessary sanction to their activity4 ,if we looked through the journals of the ,house of ,commons during the ,american ,war1 for example1 we should get the impression that the whole business of the legislature was to arrange administrative details4 ,if a waste was to be enclosed1 a canal or a highroad to be constructed1 there was no public department to be consulted4 ,the gentry of the neighbourhood joined to obtain a private act of parliament which gave the necessary powers to the persons interested4 ,no general enclosure act could be passed1 though often suggested4 ,it would imply a central commission1 which would only1 as was suggested1 give rise to jobbery and take power out of the natural hands4 ,parliament was omnipotent2 it could regulate the affairs of the empire or of a parish2 alter the most essential laws or act as a court of justice2 settle the crown or arrange for a divorce or for the alteration of a private estate4 ,but it objected to delegate authority even to a subordinate body1 which might tend to become independent4 ,thus1 if it was the central power and source of all legal authority1 it might also be regarded as a kind of federal league1 representing the wills of a number of partially independent persons4 ,the gentry could meet there and obtain the sanction of their allies for any measure required in their own little sphere of influence4 ,but they had an instinctive aversion to the formation of any organised body representing the state4 ,the neighbourhood which wanted a road got powers to make it1 and would concur in giving powers to others4 ,but if the state were to be intrusted to make roads1 ministers would have more places to give1 and roads might be made which they did not want4 ,the ,english roads had long been infamous1 but neither was money wasted1 as in ,france1 on roads where there was no traffic4#ac ,thus we have the combination of an absolute centralisation of legislative power with an utter absence of administrative centralisation4 ,the units meeting in parliament formed a supreme assembly2 but they did not sink their own individuality4 ,they only met to distribute the various functions among themselves4 ,the ,english parish with its squire1 its parson1 its lawyer and its labouring population was a miniature of the ,british ,constitution in general4 ,the squire's eldest son could succeed to his position2 a second son might become a general or an admiral2 a third would take the family living2 a fourth1 perhaps1 seek his fortune at the bar4 ,this implies a conception of other political conditions which curiously illustrate some contemporary conceptions4 ,,notes3 #h ,see ,dictionary of ,national ,biography4 #i ,the ,law of the ,constitution1 p4 #bji4 #aj ,see ,sir ,j4 ,f4 ,stephen's ,history of the ,criminal ,law 7#ahhc71 i4 #dgj4 ,he quotes ,blackstone's famous statement that there were #afj felonies without benefit of clergy1 and shows that this gives a very uncertain measure of the severity of the law4 ,a single act making larceny in general punishable by death would be more severe than fifty separate acts1 making fifty different varieties of larceny punishable by death4 ,he adds1 however1 that the scheme of punishment was 'severe to the highest degree1 and destitute of every sort of principle or system4' ,the number of executions in the early part of this century varied apparently from a fifth to a ninth of the capital sentences passed4 ,see ,table in ,porter's ,progress of the ,nation 7#ahea71 p4 #fce4 #aa ,see the references to ,cottu's report of #ahbb in ,stephen's ,history1 i4 #dbi1 #dci1 #dea4 ,cottu's book was translated by ,blanco ,white4 #ab ,gneist's ,self-,government 7#ahga71 p4 #aid4 ,it is characteristic that ,j4 ,s4 ,mill1 in his ,representative ,government1 remarks that the ',quarter ,sessions' are formed in the 'most anomalous' way2 that they represent the old feudal principle1 and are at variance with the fundamental principles of representative government 7,rep4 ,gov4 7#ahfg71 p4 #aac74 ,the mainspring of the old system had become a simple anomaly to the new radicalism4 #ac ,see ,arthur ,young1 passim4 ,there was1 however1 an improvement even in the first half of the century4 ,see ,cunningham's ,growth of ,english ,industry1 etc4 7,modern ,times71 p4 #cgh4 ,,iv4 ,,the ,,army ,,and ,,navy ,we are often amused by the persistency of the cry against a 'standing army' in ,england4 ,it did not fairly die out until the revolutionary wars4 ,blackstone regards it as a singularly fortunate circumstance 'that any branch of the legislature might annually put an end to the legal existence of the army by refusing to concur in the continuance' of the mutiny act4 ,a standing army was obviously necessary2 but by making believe very hard1 we could shut our eyes to the facts1 and pretend that it was a merely temporary arrangement4#ad ,the doctrine had once had a very intelligible meaning4 ,if ,james ,,ii4 had possessed a disciplined army of the continental pattern1 with ,marlborough at its head1 ,marlborough would hardly have been converted by the prince of ,orange4 ,but loyal as the gentry had been at the restoration1 they had taken very good care that the ,stuarts should not have in their hand such a weapon as had been possessed by ,cromwell4 ,when the ,puritan army was disbanded1 they had proceeded to regulate the militia4 ,the officers were appointed by the lords-lieutenants of counties1 and had to possess a property qualification2 the men raised by ballot in their own districts2 and their numbers and length of training regulated by ,act of ,parliament4 ,the old 'train-bands' were suppressed1 except in the city of ,london1 and thus the recognised military force of the country was a body essentially dependent upon the country gentry4 ,the militia was regarded with favour as the 'old constitutional force' which could not be used to threaten our liberties4 ,it was remodelled during the ,seven ,years' ,war and embodied during that and all our later wars4 ,it was1 however1 ineffective by its very nature4 ,an aristocracy which chose to carry on wars must have a professional army in fact1 however careful it might be to pretend that it was a provision for a passing necessity4 ,the pretence had serious consequences4 ,since the army was not to have interests separate from the people1 there was no reason for building barracks4 ,the men might be billeted on publicans1 or placed under canvas1 while they were wanted4 ,when the great war came upon us1 large sums had to be spent to make up for the previous neglect4 ,fox1 on #bbnd ,february #agic1 protested during a lively debate upon this subject that sound constitutional principles condemned barracks1 because to mix the army with the people was the 'best security against the danger of a standing army4'#ae ,in fact a large part of the army was a mere temporary force4 ,in #agfb1 towards the end of the ,seven ,years' ,war1 we had about #ajj1jjj men in pay2 and after the peace1 the force was reduced to under #bj1jjj4 ,similar changes took place in every war4 ,the ruling class took advantage of the position4 ,an army might be hired from ,germany for the occasion4 ,new regiments were generally raised by some great man who gave commissions to his own relations and dependants4 ,when the ,pretender was in ,scotland1 for example1 fifteen regiments were raised by patriotic nobles1 who gave the commissions1 and stipulated that although they were to be employed only in suppressing the rising1 the officers should have permanent rank4#af ,so1 as was shown in ,mrs4 ,clarke's case1 a patent for raising a regiment might be a source of profit to the undertaker1 who again might get it by bribing the mistress of a royal duke4 ,the officers had1 according to the generally prevalent system1 a modified property in their commissions2 and the system of sale was not abolished till our own days4 ,we may therefore say that the ruling class1 on the one hand1 objected to a standing army1 and1 on the other1 since such an army was a necessity1 farmed it from the country and were admitted to have a certain degree of private property in the concern4 ,the prejudice against any permanent establishment made it necessary to fill the ranks on occasion by all manner of questionable expedients4 ,bounties were offered to attract the vagrants who hung loose upon society4 ,smugglers1 poachers1 and the like were allowed to choose between military service and transportation4 ,the general effect was to provide an army of blackguards commanded by gentlemen4 ,the army no doubt had its merits as well as its defects4 ,the continental armies which it met were collected by equally demoralising methods until the ,french revolution led to a systematic conscription4 ,the bad side is suggested by ,napier's famous phrase1 the 'cold shade of our aristocracy'2 while ,napier gives facts enough to prove both the brutality too often shown by the private soldier and the dogged courage which is taken to be characteristic even of the ,english blackguard4 ,by others1--by such men as the duke of ,wellington and ,lord ,palmerston1 for example1 types of the true aristocrat--the system was defended#ag as bringing men of good family into the army and so providing it1 as the duke thought1 with the best set of officers in ,europe4 ,no doubt they and the royal dukes who commanded them were apt to be grossly ignorant of their business2 but it may be admitted by a historian that they often showed the qualities of which ,wellington was himself a type4 ,the ,english officer was a gentleman before he was a soldier1 and considered the military virtues to be a part of his natural endowment4 ,but it was undoubtedly a part of his traditional code of honour to do his duty manfully and to do it rather as a manifestation of his own spirit than from any desire for rewards or decorations4 ,the same quality is represented more strikingly by the navy4 ,the ,english admiral represents the most attractive and stirring type of heroism in our history4 ,nelson and the 'band of brothers' who served with him1 the simple and high-minded sailors who summed up the whole duty of man in doing their best to crush the enemies of their country1 are among the finest examples of single-souled devotion to the calls of patriotism4 ,the navy1 indeed1 had its ugly side no less than the army4 ,there was corruption at ,greenwich#ah and in the dockyards1 and parliamentary intrigue was a road to professional success4 ,voltaire notes the queer contrast between the ,english boast of personal liberty and the practice of filling up the crews by pressgangs4 ,the discipline was often barbarous1 and the wrongs of the common sailor found sufficient expression in the mutiny at the ,nore4 ,a grievance1 however1 which pressed upon a single class was maintained from the necessity of the case and the inertness of the administrative system4 ,the navy did not excite the same jealousy as the army2 and the officers were more professionally skilful than their brethren4 ,the national qualities come out1 often in their highest form1 in the race of great seamen upon whom the security of the island power essentially depended4 ,,notes3 #ad ,see ,military ,forces of the ,crown1 by ,charles ,m4 ,clode 7#ahfi71 for a full account of the facts4 #ae ,parl4 ,hist4 xxx4 #dij4 ,clode states 7i4 #bbb7 that ,l#i1jjj1jjj was spent upon barracks by #ahjd1 and1 it seems1 without proper authority4 #af ,debate in ,parl4 ,hist4 xiii4 #achb1 etc41 and see ,walpole's ,correspondence1 i4 #djj1 for some characteristic comments4 #ag ,clode1 ii4 #hf4 #ah ,see the famous case in #aggh in which ,erskine made his first appearance1 in ,state ,trials1 xxi4 ,lord ,st4 ,vincent's struggle against the corruption of his time is described by ,prof4 ,laughton in the ,dictionary of ,national ,biography1 7s4v4 ,sir ,john ,jervis74 ,in #ahja half a million a year was stolen1 besides all the waste due to corruption and general muddling4 ,v4 ,,the ,,church ,i turn1 however1 to the profession which was more directly connected with the intellectual development of the country4 ,the nature of the church establishment gives the most obvious illustration of the connection between the intellectual position on the one hand and the social and political order on the other1 though ,i do not presume to decide how far either should be regarded as effect and the other as cause4 ,what is the church of ,england8 ,some people apparently believe that it is a body possessing and transmitting certain supernatural powers4 ,this view was in abeyance for the time for excellent reasons1 and1 true or false1 is no answer to the constitutional question4 ,it does not enable us to define what was the actual body with which lawyers and politicians have to deal4 ,the best answer to such questions in ordinary case would be given by describing the organisation of the body concerned4 ,we could then say what is the authority which speaks in its name2 and what is the legislature which makes its laws1 alters its arrangements1 and defines the terms of membership4 ,the supreme legislature of the church of ,england might appear to be parliament4 ,it is the ,act of ,uniformity which defines the profession of belief exacted from the clergy2 and no alteration could be made in regard to the rights and duties of the clergy except by parliamentary authority4 ,the church might therefore be regarded as simply the religious department of the state4 ,since #afhh1 however1 the theory and the practice of toleration had introduced difficulties4 ,nonconformity was not by itself punishable though it exposed a man to certain disqualifications4 ,the state1 therefore1 recognised that many of its members might legally belong to other churches1 although it had1 as ,warburton argued1 formed an 'alliance' with the dominant church4 ,the spirit of toleration was spreading throughout the century4 ,the old penal laws1 due to the struggles of the seventeenth century1 were becoming obsolete in practice and were gradually being repealed4 ,the ,gordon riots of #aghj showed that a fanatical spirit might still be aroused in a mob which wanted an excuse for plunder2 but the laws were not explicitly defended by reasonable persons and were being gradually removed by legislation towards the end of the century4 ,although1 therefore1 parliament was kept free from papists1 it could hardly regard church and state as identical1 or consider itself as entitled to act as the representative body of the church4 ,no other body1 indeed1 could change the laws of the church2 but parliament recognised its own incompetence to deal with them4 ,towards the end of the century1 various attempts were made to relax the terms of subscription4 ,it was proposed1 for example1 to substitute a profession of belief in the ,bible for a subscription to the ,thirty-,nine ,articles4 ,but the ,house of ,commons sensibly refused to expose itself by venturing upon any theological innovations4 ,a body more ludicrously incompetent could hardly have been invented4 ,hence we must say that the church had either no supreme body which could speak in its name and modify its creed1 its ritual1 its discipline1 or the details of its organisation2 or else1 that the only body which had in theory a right to interfere was doomed1 by sufficient considerations1 to absolute inaction4 ,the church1 from a secular point of view1 was not so much a department of the state as an aggregate of offices1 the functions of which were prescribed by unalterable tradition4 ,it consisted of a number of bishops1 deans and chapters1 rectors1 vicars1 curates1 and so forth1 many of whom had certain proprietary rights in their position1 and who were bound by law to discharge certain functions4 ,but the church1 considered as a whole1 could hardly be called an organism at all1 or1 if an organism1 it was an organism with its central organ in a permanent state of paralysis4 ,the church1 again1 in this state was essentially dependent upon the ruling classes4 ,a glance at the position of the clergy shows their professional position4 ,at their head were the bishops1 some of them enjoying princely revenues1 while others were so poor as to require that their incomes should be eked out by deaneries or livings held in commendam4 ,the great sees1 such as ,canterbury1 ,durham1 ,ely1 and ,winchester1 were valued at between1 ,l#bj1jjj and ,l#cj1jjj a year2 while the smaller1 ,llandaff1 ,bangor1 ,bristol1 and ,gloucester1 were worth less than ,l#bjjj4 ,the bishops had patronage which enabled them to provide for relatives or for deserving clergymen4 ,the average incomes of the parochial clergy1 meanwhile1 were small4 ,in #ahji they were calculated to be worth ,l#bee1 while nearly four thousand livings were worth under ,l#aej2 and there were four or five thousand curates with very small pay4 ,the profession1 therefore1 offered a great many blanks with a few enormous prizes4 ,how were those prizes generally obtained8 ,when the reformers published the ,black ,book in #ahbj1 they gave a list of the bishops holding sees in the last year of ,george ,,iii42 and1 as most of these gentlemen were on their promotion at the end of the previous century4 ,i give the list in a note4#ai ,there were twenty-seven bishoprics including ,sodor and ,man4 ,of these eleven were held by members of noble families2 fourteen were held by men who had been tutors in1 or in other ways personally connected with the royal family or the families of ministers and great men2 and of the remaining two1 one rested his claim upon political writing in defence of ,pitt1 while the other seems to have had the support of a great city company4 ,the system of translation enabled the government to keep a hand upon the bishops4 ,their elevation to the more valuable places or leave to hold subsidiary preferments depended upon their votes in the ,house of ,lords4 ,so far1 then1 as secular motives operated1 the tendency of the system was clear4 ,if ,providence had assigned to you a duke for a father or an uncle1 preferment would fall to you as of right4 ,a man of rank who takes orders should be rewarded for his condescension4 ,if that qualification be not secured1 you should aim at being tutor in a great family1 accompany a lad on the grand tour1 or write some pamphlet on a great man's behalf4 ,paley gained credit for independence at ,cambridge1 and spoke with contempt of the practice of 'rooting1' the cant phrase for patronage hunting4 ,the text which he facetiously suggested for a sermon when ,pitt visited ,cambridge1 ',there is a young man here who has six loaves and two fishes1 but what are they among so many8' hit off the spirit in which a minister was regarded at the universities4 ,the memoirs of ,bishop ,watson illustrate the same sentiment4 ,he lived in his pleasant country house at ,windermere1 never visiting his diocese1 and according to ,de ,quincey1 talking ,socinianism at his table4 ,he felt himself to be a deeply injured man1 because ministers had never found an opportunity for translating him to a richer diocese1 although he had written against ,paine and ,gibbon4 ,if they would not reward their friends1 he argued1 why should he take up their cause by defending ,christianity8 ,the bishops were eminently respectable4 ,they did not lead immoral lives1 and if they gave a large share of preferment to their families1 that at least was a domestic virtue4 ,some of them1 ,bishop ,barrington of ,durham1 for example1 took a lead in philanthropic movements2 and1 if considered simply as prosperous country-gentlemen1 little fault could be found with them4 ,while1 however1 every commonplace motive pointed so directly towards a career of subserviency to the ruling class among the laity1 it could not be expected that they should take a lofty view of their profession4 ,the ,anglican clergy were not like the ,irish priesthood1 in close sympathy with the peasantry1 or like the ,scottish ministers1 the organs of strong convictions spreading through the great mass of the middle and lower classes4 ,a man of energy1 who took his faith seriously1 was1 like the ,evangelical clergy1 out of the road to preferment1 or1 like ,wesley1 might find no room within the church at all4 ,his colleagues called him an 'enthusiast1' and disliked him as a busybody if not a fanatic4 ,they were by birth and adoption themselves members of the ruling class2 many of them were the younger sons of squires1 and held their livings in virtue of their birth4 ,advowsons are the last offices to retain a proprietary character4 ,the church of that day owed such a representative as ,horne ,tooke to the system which enabled his father to provide for him by buying a living4 ,from the highest to the lowest ranks of clergy1 the church was as ,matthew ,arnold could still call it1 an 'appendage of the barbarians4' ,the clergy1 that is1 as a whole1 were an integral but a subsidiary part of the aristocracy or the great landed interest4 ,their admirers urged that the system planted a cultivated gentleman in every parish in the country4 ,their opponents replied1 like ,john ,sterling1 that he was a 'black dragoon with horse meat and man's meat'--part of the garrison distributed through the country to support the cause of property and order4 ,in any case the instinctive prepossessions1 the tastes and favourite pursuits of the profession were essentially those of the class with which it was so intimately connected4 ,arthur ,young1#bj speaking of the ,french clergy1 observes that at least they are not poachers and foxhunters1 who divide their time between hunting1 drinking1 and preaching4 ,you do not in ,france find such advertisements as he had heard of in ,england1 ',wanted a curacy in a good sporting country1 where the duty is light and the neighbourhood convivial4' ,the proper exercise for a country clergyman1 he rather quaintly observes1 is agriculture4 ,the ideal parson1 that is1 should be a squire in canonical dress4 ,the clergy of the eighteenth century probably varied between the extremes represented by ,trulliber and the ,vicar of ,wakefield4 ,many of them were excellent people1 with a mild taste for literature1 contributing to the ,gentleman's ,magazine1 investigating the antiquities of their county1 occasionally confuting a deist1 exerting a sound judgment in cultivating their glebes or improving the breed of cattle1 and respected both by squire and farmers4 ,the ',squarson1' in ,sydney ,smith's facetious phrase1 was the ideal clergyman4 ,the purely sacerdotal qualities1 good or bad1 were at a minimum4 ,crabbe1 himself a type of the class1 has left admirable portraits of his fellows4 ,profound veneration for his noble patrons and hearty dislike for intrusive dissenters were combined in his own case with a pure domestic life1 a keen insight into the uglier realities of country life and a good sound working morality4 ,miss ,austen1 who said that she could have been ,crabbe's wife1 has given more delicate pictures of the clergyman as he appeared at the tea-tables of the time4 ,he varies according to her from the squire's excellent younger brother1 who is simply a squire in a white neck-cloth1 to the silly but still respectable sycophant1 who firmly believes his lady patroness to be a kind of local deity4 ,many of the real memoirs of the day give pleasant examples of the quiet and amiable lives of the less ambitious clergy4 ,there is the charming ,gilbert ,white 7#agbj-agic7 placidly studying the ways of tortoises1 and unconsciously composing a book which breathes an undying charm from its atmosphere of peaceful repose2 ,william ,gilpin 7#agbd-ahjd7 founding and endowing parish schools1 teaching the catechism1 and describing his vacation tours in narratives which helped to spread a love of natural scenery2 and ,thomas ,gisborne 7#ageh-ahdf71 squire and clergyman1 a famous preacher among the evangelicals and a poet after the fashion of ,cowper1 who loved his native ,needwood ,forest as ,white loved ,selborne and ,gilpin loved the woods of ,boldre2 and ,cowper himself 7#agca-ahjj7 who1 though not a clergyman1 lived in a clerical atmosphere1 and whose gentle and playful enjoyment of quiet country life relieves the painfully deep pathos of his disordered imagination2 and the excellent ,w4 ,l4 ,bowles 7#agfb-ahej71 whose sonnets first woke ,coleridge's imagination1 who spent eighty-eight years in an amiable and blameless life1 and was country-gentleman1 magistrate1 antiquary1 clergyman1 and poet4#ba ,such names are enough to recall a type which has not quite vanished1 and which has gathered a new charm in more stirring and fretful times4 ,these most excellent people1 however1 were not likely to be prominent in movements destined to break up the placid environment of their lives nor1 in truth1 to be sources of any great intellectual stir4 ,,notes3 #ai ,the list1 checked from other sources of information1 is as follows3--,manners ,sutton1 archbishop of ,canterbury1 was grandson of the third duke of ,rutland2 ,edward ,vernon1 archbishop of ,york1 was son of the first ,lord ,vernon and cousin of the third ,lord ,harcourt1 whose estates he inherited2 ,shute ,barrington1 bishop of ,durham1 was son of the first and brother of the second ,viscount ,barrington2 ,brownlow ,north1 bishop of ,winchester1 was uncle to the earl of ,guildford2 ,james ,cornwallis1 bishop of ,lichfield1 was uncle to the second marquis1 whose peerage he inherited2 ,george ,pelham1 bishop of ,exeter1 was brother of the earl of ,chichester2 ,henry ,bathurst1 bishop of ,norwich1 was nephew of the first earl2 ,george ,henry ,law1 bishop of ,chester1 was brother of the first ,lord ,ellenborough2 ,edward ,legge1 bishop of ,oxford1 was son of the second earl of ,dartmouth2 ,henry ,ryder1 bishop of ,gloucester1 was brother to the earl of ,harrowby2 ,george ,murray1 bishop of ,sodor and ,man1 was nephew-in-law to the duke of ,athol and brother-in-law to the earl of ,kinnoul4 ,of the fourteen tutors1 etc41 mentioned above1 ,william ,howley1 bishop of ,london1 had been tutor to the prince of ,orange at ,oxford2 ,george ,pretyman ,tomline1 bishop of ,lincoln1 had been ,pitt's tutor at ,cambridge2 ,richard ,beadon1 bishop of ,bath and ,wells1 had been tutor to the duke of ,gloucester at ,cambridge2 ,folliott ,cornewall1 bishop of ,worcester1 had been made chaplain to the ,house of ,commons by the influence of his cousin1 the ,speaker2 ,john ,buckner1 bishop of ,chichester1 had been tutor to the duke of ,richmond2 ,henry ,william ,majendie1 bishop of ,bangor1 was the son of ,queen ,charlotte's ,english master1 and had been tutor to ,william ,,iv42 ,george ,isaac ,huntingford1 bishop of ,hereford1 had been tutor to ,addington1 prime minister2 ,thomas ,burgess1 bishop of ,st4 ,david's1 was a personal friend of ,addington2 ,john ,fisher1 bishop of ,salisbury1 had been tutor to the duke of ,kent2 ,john ,luxmoore1 bishop of ,st4 ,asaph1 had been tutor to the duke of ,buccleugh2 ,samuel ,goodenough1 bishop of ,carlisle1 had been tutor to the sons of the third duke of ,portland and was connected with ,addington2 ,william ,lort ,mansel1 bishop of ,bristol1 had been tutor to ,perceval at ,cambridge1 and owed to ,perceval the mastership of ,trinity2 ,walter ,king1 bishop of ,rochester1 had been secretary to the duke of ,portland2 and ,bowyer ,edward ,sparke1 bishop of ,ely1 had been tutor to the duke of ,rutland4 ,the two remaining bishops were ,herbert ,marsh1 bishop of ,peterborough1 who had established a claim by defending ,pitt's financial measures in an important pamphlet2 and ,william ,van ,mildert1 bishop of ,llandaff1 who had been chaplain to the ,grocers' ,company and became known as a preacher in ,london4 #bj ,travels in ,france 7#ahib71 p4 #cbg4 #ba ,see ,a ,country ,clergyman of the ,eighteenth ,century 7,thomas ,twining71 #ahhb1 for a pleasant picture of the class4 ,,vi4 ,,the ,,universities ,the effect of these conditions is perhaps best marked in the state of the universities4 ,universities have at different periods been great centres of intellectual life4 ,the ,english universities of the eighteenth century are generally noted only as embodiments of sloth and prejudice4 ,the judgments of ,wesley and ,gibbon and ,adam ,smith and ,bentham coincide in regard to ,oxford2 and ,johnson's love of his university is an equivocal testimony to its intellectual merits4 ,we generally think of it as of a sleepy hollow1 in which portly fellows of colleges1 like the convivial ,warton1 imbibed port wine and sneered at ,methodists1 though few indeed rivalled ,warton's services to literature4 ,the universities in fact had become1 as they long continued to be1 high schools chiefly for the use of the clergy1 and if they still aimed at some wider intellectual training1 were sinking to be institutions where the pupils of the public schools might1 if they pleased1 put a little extra polish upon their classical and mathematical knowledge4 ,the colleges preserved their mediaeval constitution2 and no serious changes of their statutes were made until the middle of the present century4 ,the clergy had an almost exclusive part in the management1 and dissenters were excluded even from entering ,oxford as students4#bb ,but the clergyman did not as a rule devote himself to a life of study4 ,he could not marry as a fellow1 but he made no vows of celibacy4 ,the college1 therefore1 was merely a stepping-stone on the way to the usual course of preferment4 ,a fellow looked forwards to settling in a college living1 or if he had the luck to act as tutor to a nobleman1 he might soar to a deanery or a bishopric4 ,the fellows who stayed in their colleges were probably those who had least ambition1 or who had a taste for an easy bachelor's life4 ,the universities1 therefore1 did not form bodies of learned men interested in intellectual pursuits2 but at most1 helped such men in their start upon a more prosperous career4 ,the studies flagged in sympathy4 ,gray's letters sufficiently reveal the dulness which was felt by a man of cultivation confined within the narrow society of college dons of the day4 ,the scholastic philosophy which had once found enthusiastic cultivators in the great universities had more or less held its own through the seventeenth century1 though repudiated by all the rising thinkers4 ,since the days of ,locke and ,berkeley1 it had fallen utterly out of credit4 ,the bright common sense of the polished society of the day looked upon the old doctrine with a contempt1 which1 if not justified by familiarity1 was an implicit judgment of the tree by its fruits4 ,nobody could suppose the divines of the day to be the depositaries of an esoteric wisdom which the vulgar were not worthy to criticise4 ,they were themselves chiefly anxious to prove that their sacred mysteries were really not at all mysterious1 but merely one way of expressing plain common sense4 ,at ,oxford1 indeed1 the lads were still crammed with ,aldrich1 and learned the technical terms of a philosophy which had ceased to have any real life in it4 ,at ,cambridge1 ardent young radicals spoke with contempt of this 'horrid jargon--fit only to be chattered by monkies in a wilderness4'#bc ,even at ,cambridge1 they still had disputations on the old form1 but they argued theses from ,locke's essay1 and thought that their mathematical studies were a check upon metaphysical 'jargon4' ,it is indeed characteristic of the respect for tradition that at ,cambridge even mathematics long suffered from a mistaken patriotism which resented any improvement upon the methods of ,newton4 ,there were some signs of reviving activity4 ,the fellowships were being distributed with less regard to private interest4 ,the mathematical tripos founded at ,cambridge in the middle of the century became the prototype of all competitive examinations2 and half a century later ,oxford followed the precedent by the ,examination ,statute of #ahjj4 ,a certain number of professorships of such modern studies as anatomy1 history1 botany1 and geology were founded during the eighteenth century1 and show a certain sense of a need of broader views4 ,the lectures upon which ,blackstone founded his commentaries were the product of the foundation of the ,vinerian professorship in #agea2 and the most recent of the ,cambridge colleges1 ,downing ,college1 shows by its constitution that a professoriate was now considered to be desirable4 ,cambridge in the last years of the century might have had a body of very eminent professors4 ,watson1 second wrangler of #agei1 had delivered lectures upon chemistry1 of which it was said by ,davy that hardly any conceivable change in the science could make them obsolete4#bd ,paley1 senior wrangler in #agfc1 was an almost unrivalled master of lucid exposition1 and one of his works is still a textbook at ,cambridge4 ,isaac ,milner1 senior wrangler in #aggd1 afterwards held the professorships of mathematics and natural philosophy1 and was famous as a sort of ecclesiastical ,dr4 ,johnson4 ,gilbert ,wakefield1 second wrangler in #aggf1 published an edition of ,lucretius1 and was a man of great ability and energy4 ,herbert ,marsh1 second wrangler in #aggi1 was divinity professor from #ahjg1 and was the first ,english writer to introduce some knowledge of the early stages of ,german criticism4 ,porson1 the greatest ,greek scholar of his time1 became professor in #agij2 ,malthus1 ninth wrangler in #aghh1 who was to make a permanent mark upon political economy1 became fellow of ,jesus ,college in #agic4 ,waring1 senior wrangler in #ageg1 ,vince1 senior wrangler in #agge1 and ,wollaston1 senior wrangler in #aghc1 were also professors and mathematicians of reputation4 ,towards the end of the century ten professors were lecturing4#be ,a large number were not lecturing1 though ,milner was good enough to be 'accessible to students4' ,paley and ,watson had been led off into the path of ecclesiastical preferment4 ,marsh too became a bishop in #ahaf4 ,there was no place for such talents as those of ,malthus1 who ultimately became professor at ,haileybury4 ,wakefield had the misfortune of not being able to cover his heterodoxy with the conventional formula4 ,porson suffered from the same cause1 and from less respectable weaknesses2 but it seems that the university had no demand for services of the great scholar1 and he did nothing for his ,l#dj a year4 ,milner was occupied in managing the university in the interests of ,pitt and ,protestantism1 and in waging war against ,jacobins and intruders4 ,there was no lack of ability2 but there was no inducement to any intellectual activity for its own sake2 and there were abundant temptations for any man of energy to diverge to the career which offered more intelligible rewards4 ,the universities in fact supplied the demand which was actually operative4 ,they provided the average clergyman with a degree2 they expected the son of the country-gentleman or successful lawyer to acquire the traditional culture of his class1 and to spend three or four years pleasantly1 or even1 if he chose1 industriously4 ,but there was no such thing as a learned society1 interested in the cultivation of knowledge for its own sake1 and applauding the devotion of life to its extension or discussion4 ,the men of the time who contributed to the progress of science owed little or nothing to the universities1 and were rather volunteers from without1 impelled by their own idiosyncrasies4 ,among the scientific leaders1 for example1 ,joseph ,black 7#agbh-agii7 was a ,scottish professor2 ,priestley 7#agcc-ahjd7 a dissenting minister2 ,cavendish 7#agca-ahaj7 an aristocratic recluse1 who1 though he studied at ,cambridge1 never graduated2 ,watt 7#agcf-ahai7 a practical mechanician2 and ,dalton 7#agff-ahdd7 a ,quaker schoolmaster4 ,john ,hunter 7#agbh-agic7 was one of the energetic ,scots who forced their way to fame without help from ,english universities4 ,the cultivation of the natural sciences was only beginning to take root2 and the soil1 which it found congenial1 was not that of the great learned institutions1 which held to their old traditional studies4 ,i may1 then1 sum up the result in a few words4 ,the church had once claimed to be an entirely independent body1 possessing a supernatural authority1 with an organisation sanctioned by supernatural powers1 and entitled to lay down the doctrines which gave the final theory of life4 ,theology was the queen of the sciences and theologians the interpreters of the first principles of all knowledge and conduct4 ,the church of ,england1 on the other hand1 at our period had entirely ceased to be independent3 it was bound hand and foot by acts of parliament3 there was no ecclesiastical organ capable of speaking in its name1 altering its laws or defining its tenets3 it was an aggregate of offices the appointment to which was in the hands either of the political ministers or of the lay members of the ruling class4 ,it was in reality simply a part of the ruling class told off to perform divine services3 to maintain order and respectability and the traditional morality4 ,it had no distinctive philosophy or theology1 for the articles of belief represented simply a compromise2 an attempt to retain as much of the old as was practicable and yet to admit as much of the new as was made desirable by political considerations4 ,it was the boast of its more liberal members that they were not tied down to any definite dogmatic system2 but could have a free hand so long as they did not wantonly come into conflict with some of the legal formulae laid down in a previous generation4 ,the actual teaching showed the effects of the system4 ,it had been easy to introduce a considerable leaven of the rationalism which suited the lay mind2 to explain away the mysterious doctrines upon which an independent church had insisted as manifestations of its spiritual privileges1 but which were regarded with indifference or contempt by the educated laity now become independent4 ,the priest had been disarmed and had to suit his teaching to the taste of his patrons and congregations4 ,the divines of the eighteenth century had1 as they boasted1 confuted the deists2 but it was mainly by showing that they could be deists in all but the name4 ,the dissenters1 less hampered by legal formulae1 had drifted towards ,unitarianism4 ,the position of such divines as ,paley1 ,watson1 and ,hey was not so much that the ,unitarians were wrong1 as that the mysterious doctrines were mere sets of words1 over which it was superfluous to quarrel4 ,the doctrine was essentially traditional2 for it was impossible to represent the doctrines of the church of ,england as deductions from any abstract philosophy4 ,but the traditions were not regarded as having any mysterious authority4 ,abstract philosophy might lead to deism or infidelity4 ,paley and his like rejected such philosophy in the spirit of ,locke or even ,hume4 ,but it was always possible to treat a tradition like any other statement of fact4 ,it could be proved by appropriate evidence4 ,the truth of ,christianity was therefore merely a question of facts like the truth of any other passages of history4 ,it was easy enough to make out a case for the ,christian miracles1 and then the mysteries1 after it had been sufficiently explained that they really meant next to nothing1 could be rested upon the authority of the miracles4 ,in other words1 the accepted doctrines1 like the whole constitution of the church1 could be so modified as to suit the prejudices and modes of thought of the laity4 ,the church1 it may be said1 was thoroughly secularised4 ,the priest was no longer a wielder of threats and an interpreter of oracles1 but an entirely respectable gentleman1 who fully sympathised with the prejudices of his patron and practically admitted that he had very little to reveal1 beyond explaining that his dogmas were perfectly harmless and eminently convenient4 ,he preached1 however1 a sound common sense morality1 and was not divided from his neighbours by setting up the claims characteristic of a sacerdotal caste4 ,whether he has become on the whole better or worse by subsequent changes is a question not to be asked here2 but perhaps not quite so easily answered as is sometimes supposed4 ,the condition of the ,english church and universities may be contrasted with that of their ,scottish rivals4 ,the ,scottish church and universities had no great prizes to offer and no elaborate hierarchy4 ,but the church was a national institution in a sense different from the ,english4 ,the ,general ,assembly was a powerful body1 not overshadowed by a great political rival4 ,to rise to be a minister was the great ambition of poor sons of farmers and tradesmen4 ,they had to study at the universities in the intervals1 perhaps1 of agricultural labour2 and if the learning was slight and the scholarship below the ,english standard1 the young aspirant had at least to learn to preach and to acquire such philosophy as would enable him to argue upon grace and freewill with some hard-headed ,davie ,deans4 ,it was doubtless owing in part to these conditions that the ,scottish universities produced many distinguished teachers throughout the century4 ,professors had to teach something which might at least pass for philosophy1 though they were more or less restrained by the necessity of respecting orthodox prejudices4 ,at the end of the century1 the only schools of philosophy in the island were to be found in ,scotland1 where ,reid 7#agaj-agif7 and ,adam ,smith 7#agbc-agij7 had found intelligent disciples1 and where ,dugald ,stewart1 of whom ,i shall speak presently1 had become the recognised philosophical authority4 ,,notes3 #bb ,at ,cambridge subscription was abolished for undergraduates in #agge2 and bachelors of arts had only to declare themselves 'bona-fide members of the church of ,england4' #bc ,gilbert ,wakefield's ,memoirs1 ii4 #adi4 #bd ,de ,quincey1 ,works 7#ahfc71 ii4 #ajf4 #be ,wordsworth's ,university ,life1 etc4 7#ahgd71 #hc-hg4 ,,vii4 ,,theory ,what theory corresponds to this practical order8 ,it implies1 in the first place1 a constant reference to tradition4 ,the system has grown up without any reference to abstract principles or symmetrical plan4 ,the legal order supposes a traditional common law1 as the ecclesiastical order a traditional creed1 and the organisation is explicable only by historical causes4 ,the system represents a series of compromises1 not the elaboration of a theory4 ,if the squire undertook by way of supererogation to justify his position he appealed to tradition and experience4 ,he invoked the 'wisdom of our ancestors1' the system of 'checks and balances' which made our ,constitution an unrivalled mixture of monarchy1 aristocracy1 and democracy deserving the 'dread and envy of the world4' ,the prescription for compounding that mixture could obviously be learned by nothing but experiment4 ,traditional means empirical4 ,by instinct1 rather than conscious reasoning1 ,englishmen had felt their way to establishing the 'palladia of our liberties'3 trial by jury1 the ',habeas ,corpus' ,act1 and the substitution of a militia for a standing army4 ,the institutions were cherished because they had been developed by long struggles and were often cherished when their real justification had disappeared4 ,the ,constitution had not been 'made' but had 'grown'2 or1 in other words1 the one rule had been the rule of thumb4 ,that is an excellent rule in its way1 and very superior to an abstract rule which neglects or overrides experience4 ,the 'logic of facts1' moreover1 may be trusted to produce a certain harmony3 and general principles1 though not consciously invoked1 tacitly govern the development of institutions worked out under uniform conditions4 ,the simple reluctance to pay money without getting money's worth might generate the important principle that representation should go with taxation1 without embodying any theory of a 'social contract' such as was offered by an afterthought to give a philosophical sanction4 ,englishmen1 it is said1 had bought their liberties step by step1 because at each step they were in a position to bargain with their rulers4 ,what they had bought they were determined to keep and considered to be their inalienable property4 ,one result is conspicuous4 ,in ,england the ruling classes did not so much consider their privileges to be something granted by the state1 as the power of the state to be something derived from their concessions4 ,though the lord-lieutenant and the justices of the peace were nominated by the crown1 their authority came in fact as an almost spontaneous consequence of their birthright or their acquired position in the country4 ,they shone by their own light and were really the ultimate sources of authority4 ,seats in parliament1 preferments in the church1 commissions in the army belonged to them like their estates2 and they seemed to be qualified by nature1 rather than by appointment1 to act in judicial and administrative capacities4 ,the system of 'self-government' embodies this view4 ,the functions of government were assigned to men already powerful by their social position4 ,the absence of the centralised hierarchy of officials gave to ,englishmen the sense of personal liberty which compelled the admiration of ,voltaire and his countrymen in the eighteenth century4 ,in ,england were no lettres de cachet1 and no ,bastille4 ,a man could say what he thought and act without fear of arbitrary rule4 ,there was no such system as that which1 in ,france1 puts the agents of the central power above the ordinary law of the land4 ,this implies what has been called the 'rule of the law' in ,england4 ',with us every official from the prime minister down to a constable or a collector of taxes' 7as ,professor ,dicey explains the principle7 'is under the same responsibility for every act done without legal justification as any other citizen4'#bf ,the early centralisation of the ,english monarchy had made the law supreme1 and instead of generating a new structure had combined and regulated the existing social forces4 ,the sovereign power was thus farmed to the aristocracy instead of forming an organ of its own4 ,instead of resigning power they were forced to exercise it on condition of thorough responsibility to the central judiciary4 ,their privileges were not destroyed but were combined with the discharge of corresponding duties4 ,whatever their shortcomings1 they were preserved from the decay which is the inevitable consequence of a divorce of duties from privileges4 ,another aspect of the case is equally clear4 ,if the privilege is associated with a duty1 the duty may also be regarded as a privilege4 ,the doctrine seems to mark a natural stage in the evolution of the conception of duty to the state4 ,the power which is left to a member of the ruling class is also part of his dignity4 ,thus we have an amalgamation between the conceptions of private property and public trust4 ',in so far as the ideal of feudalism is perfectly realised1' it has been said1#bg 'all that we can call public law is merged in private law2 jurisdiction is property2 office is property2 the kingship itself is property4' ,this feudal ideal was still preserved with many of the institutions descended from feudalism4 ,the king's right to his throne was regarded as of the same kind as the right to a private estate4 ,his rights as king were also his rights as the owner of the land4#bh ,subordinate landowners had similar rights1 and as the royal power diminished greater powers fell to the aggregate of constitutional kinglets who governed the country4 ,each of them was from one point of view an official1 but each also regarded his office as part of his property4 ,the country belonged to him and his class rather than he to the country4 ,we occasionally find the quaint theory which deduced political rights from property in land4 ,the freeholders were the owners of the soil and might give notice to quit to the rest of the population4#bi ,they had therefore a natural right to carry on government in their own interests4 ,the ruling classes1 however1 were not marked off from others by any deep line of demarcation2 they could sell their own share in the government to anybody who was rich enough to buy it1 and there was a constant influx of new blood4 ,moreover1 they did in fact improve their estate with very great energy1 and discharged roughly1 but in many ways efficiently1 the duties which were also part of their property4 ,the nobleman or even the squire was more than an individual2 as head of a family he was a life tenant of estates which he desired to transmit to his descendants4 ,he was a 'corporation sole' and had some of the spirit of a corporation4 ,a college or a hospital is founded to discharge a particular function2 its members continue perhaps to recognise their duty2 but they resent any interference from outside as sacrilege or confiscation4 ,it is for them alone to judge how they can best carry out1 and whether they are actually carrying out1 the aims of the corporate life4 ,in the same way the great noble took his part in legislation1 church preferment1 the command of the army1 and so forth1 and fully admitted that he was bound in honour to play his part effectively2 but he was equally convinced that he was subject to nothing outside of his sense of honour4 ,his duties were also his rights4 ,the naif expression of this doctrine by a great borough proprietor1 ',may ,i not do what ,i like with my own8' was to become proverbial4#cj ,this1 finally1 suggests that a doctrine of 'individualism' is implied throughout4 ,the individual rights are the antecedent and the rights of the state a consequent or corollary4 ,every man has certain sacred rights accruing to him in virtue of 'prescription' or tradition1 through his inherited position in the social organism4 ,the 'rule of law' secures that he shall exercise them without infringing the privileges of his neighbour4 ,he may moreover be compelled by the law to discharge them on due occasion4 ,but1 as there is no supreme body which can sufficiently superintend1 stimulate1 promote1 or dismiss1 the active impulse must come chiefly from his own sense of the fitness of things4 ,the efficiency therefore depends upon his being in such a position that his duty may coincide with his personal interest4 ,the political machinery can only work efficiently on the assumption of a spontaneous activity of the ruling classes1 prompted by public spirit or a sense of personal dignity4 ,meanwhile1 'individualism' in a different sense was represented by the forces which made for progress rather than order1 and to them ,i must now turn4 ,,notes3 #bf ,professor ,dicey's ,lectures on the ,law of the ,constitution 7#ahhe71 p4 #agh4 ,professor ,dicey gives an admirable exposition of the 'rule of law4' #bg ,pollock and ,maitland's ,history of ,english ,law1 i4 #bjh4 #bh ,a characteristic consequence is that ,hale and ,blackstone make no distinction between public and private law4 ,austin 7,jurisprudence 7#ahfi71 #ggc-gf7 applauds them for this peculiarity1 which he regards as a proof of originality1 though it would rather seem to be an acceptance of the traditional view4 ,austin1 however1 retorts the charge of ,verwirrung upon ,german critics4 #bi ,this is the theory of ,defoe in his ,original ,power of the ,people of ,england 7,works by ,hazlitt1 vol iii4 ,see especially p4 #eg74 #cj ,the fourth duke of ,newcastle in the ,house of ,lords1 #c ,dec4 #ahcj4 ,,chapter ,,ii ,,the ,,industrial ,,spirit ,i4 ,,the ,,manufacturers ,the history of ,england during the eighteenth century shows a curious contrast between the political stagnancy and the great industrial activity4 ,the great constitutional questions seemed to be settled2 and the statesmen1 occupied mainly in sharing power and place1 took a very shortsighted view 7not for the first time in history7 of the great problems that were beginning to present themselves4 ,the ,british empire in the ,east was not won by a towering ambition so much as forced upon a reluctant commercial company by the necessities of its position4 ,the ,english race became dominant in ,america2 but the political connection was broken off mainly because ,english statesmen could only regard it from the shopkeeping point of view4 ,when a new world began to arise at the ,antipodes1 our rulers saw an opportunity not for planting new offshoots of ,european civilisation1 but for ridding themselves of the social rubbish no longer accepted in ,america4 ,with purblind energy1 and eyes doggedly fixed upon the ground at their feet1 the race had somehow pressed forwards to illustrate the old doctrine that a man never goes so far as when he does not know whither he is going4 ,while thinking of earning an honest penny by extending the trade1 our 'monied-men' were laying the foundation of vast structures to be developed by their descendants4 ,politicians1 again1 had little to do with the great 'industrial revolution' which marked the last half of the century4 ,the main facts are now a familiar topic of economic historians2 nor need ,i speak of them in detail4 ,though agriculture was still the main industry1 and the landowners almost monopolised political power1 an ever growing proportion of the people was being collected in towns2 the artisans were congregating in large factories2 and the great cloud of coal-smoke1 which has never dwindled1 was already beginning to darken our skies4 ,the change corresponds to the difference between a fully developed organism possessed of a central brain1 with an elaborate nervous system1 and some lower form in which the vital processes are still carried on by a number of separate ganglia4 ,the concentration of the population in the great industrial centres implied the improvement of the means of commerce2 new organisation of industry provided with a corresponding apparatus of machinery2 and the systematic exploitation of the stored-up forces of nature4 ,each set of changes was at once cause and effect1 and each was carried on separately1 although in relation to the other4 ,brindley1 ,arkwright1 and ,watt may be taken as typical representatives of the three operations4 ,canals1 spinning-jennies1 and steam-engines were changing the whole social order4 ,the development of means of communication had been slow till the last half of the century4 ,the roads had been little changed since they had been first laid down as part of the great network which bound the ,roman empire together4 ,turnpike acts1 sanctioning the construction of new roads1 became numerous4 ,palmer's application of the stage-coaches to the carriage of the mails marked an epoch in #aghd2 and ,de ,quincey's prose poem1 ',the ,mail-coach1' shows how the unprecedented speed of ,palmer's coaches1 then spreading the news of the first battles in the ,peninsula1 had caused them to tyrannise over the opium-eater's dreams4 ,they were discharging at once a political and an industrial function4 ,meanwhile the ,bridgewater canal1 constructed between #agei and #agfa1 was the first link in a great network which1 by the time of the ,french revolution1 connected the seaports and the great centres of industry4 ,the great inventions of machinery were simultaneously enabling manufacturers to take advantage of the new means of communication4 ,the cotton manufacture sprang up soon after #aghj with enormous rapidity4 ,aided by the application of steam 7first applied to a cotton mill in #aghe7 it passed the woollen trade1 the traditional favourite of legislators1 and became the most important branch of ,british trade4 ,the iron trade had made a corresponding start4 ,while the steam-engine1 on which ,watt had made the first great improvement in #agfe1 was transforming the manufacturing system1 and preparing the advent of the steamship and railroad1 ,great ,britain had become the leading manufacturing and commercial country in the world4 ,the agricultural interest was losing its pre-eminence2 and huge towns with vast aggregations of artisan population were beginning to spring up with unprecedented rapidity4 ,the change was an illustration upon a gigantic scale of the doctrines expounded in the ,wealth of ,nations4 ,division of labour was being applied to things more important than pin-making1 involving a redistribution of functions not as between men covered by the same roof1 but between whole classes of society2 between the makers of new means of communication and the manufacturers of every kind of material4 ,the whole industrial community might be regarded as one great organism4 ,yet the organisation was formed by a multitude of independent agencies without any concerted plan4 ,it was thus a vast illustration of the doctrine that each man by pursuing his own interests promoted the interests of the whole1 and that government interference was simply a hindrance4 ,the progress of improvement1 says ,adam ,smith1 depends upon 'the uniform1 constant1 and uninterrupted effort of every man to better his condition1' which often succeeds in spite of the errors of government1 as nature often overcomes the blunders of doctors4 ,it is1 as he infers1 'the highest impertinence and presumption for kings and ministers to pretend to watch over the economy of private people' by sumptuary laws and taxes upon imports4#ca ,to the ,english manufacturer or engineer government appeared as a necessary evil4 ,it allowed the engineer to make roads and canals1 after a troublesome and expensive process of application4 ,it granted patents to the manufacturer1 but the patents were a source of perpetual worry and litigation4 ,the ,chancellor of the ,exchequer might look with complacency upon the development of a new branch of trade2 but it was because he was lying in wait to come down upon it with a new tax or system of duties4 ,the men who were the chief instruments of the process were 'self-made'2 they were the typical examples of ,mr4 ,smiles's virtue of self-help2 they owed nothing to government or to the universities which passed for the organs of national culture4 ,the leading engineers began as ordinary mechanics4 ,john ,metcalf 7#agag-ahaj71 otherwise 'blind ,jack of ,knaresborough1' was a son of poor parents4 ,he had lost his sight by smallpox at the age of six1 and1 in spite of his misfortune1 became a daring rider1 wrestler1 soldier1 and carrier1 and made many roads in the north of ,england1 executing surveys and constructing the works himself4 ,james ,brindley 7#agaf-aggb71 son of a midland collier1 barely able to read or write1 working out plans by processes which he could not explain1 and lying in bed till they took shape in his brain1 a rough mechanic1 labouring for trifling weekly wages1 created the canals which mainly enabled ,manchester and ,liverpool to make an unprecedented leap in prosperity4 ,the two great engineers1 ,thomas ,telford 7#ageg-ahcd71 famous for the ,caledonian canal and the ,menai bridge2 and ,john ,rennie 7#agfa-ahba71 drainer of ,lincolnshire fens1 and builder of ,waterloo bridge and the ,plymouth breakwater1 rose from the ranks4 ,telford inherited and displayed in a different direction the energies of ,eskdale borderers1 whose achievements in the days of cattle-stealing were to be made famous by ,scott3 ,rennie was the son of an ,east ,lothian farmer4 ,both of them learned their trade by actual employment as mechanics4 ,the inventors of machinery belonged mainly to the lower middle classes4 ,kay was a small manufacturer2 ,hargreaves a hand-loom weaver2 ,crompton the son of a small farmer2 and ,arkwright a country barber4 ,watt1 son of a ,greenock carpenter1 came from the sturdy ,scottish stock1 ultimately of covenanting ancestry1 from which so many eminent men have sprung4 ,the new social class1 in which such men were the leaders1 held corresponding principles4 ,they owed whatever success they won to their own right hands4 ,they were sturdy workers1 with eyes fixed upon success in life1 and success generally of course measured by a money criterion4 ,many of them showed intellectual tastes1 and took an honourable view of their social functions4 ,watt showed his ability in scientific inquiries outside of the purely industrial application2 ,josiah ,wedgwood1 in whose early days the ,staffordshire potters had led a kind of gipsy life1 settling down here and there to carry on their trade1 had not only founded a great industry1 but was a man of artistic taste1 a patron of art1 and a lover of science4 ,telford1 the ,eskdale shepherd1 was a man of literary taste1 and was especially friendly with the typical man of letters1 ,southey4 ,others1 of course1 were of a lower type4 ,arkwright combined the talents of an inventor with those of a man of business4 ,he was a man1 says ,baines 7the historian of the cotton trade71 who was sure to come out of an enterprise with profit1 whatever the result to his partners4 ,he made a great fortune1 and founded a county family4 ,others rose in the same direction4 ,the ,peels1 for example1 represented a line of yeomen4 ,one ,peel founded a cotton business2 his son became a baronet and an influential member of parliament2 and his grandson went to ,oxford1 and became the great leader of the ,conservative party1 although like ,walpole1 he owed his power to a kind of knowledge in which his adopted class were generally deficient4 ,the class which owed its growing importance to the achievements of such men was naturally imbued with their spirit4 ,its growth meant the development of a class which under the old order had been strictly subordinate to the ruling class1 and naturally regarded it with a mingled feeling of respect and jealousy4 ,the ,british merchant felt his superiority in business to the average country-gentleman2 he got no direct share of the pensions and sinecures which so profoundly affected the working of the political machinery1 and yet his highest ambition was to rise to be himself a member of the class1 and to found a family which might flourish in the upper atmosphere4 ,the industrial classes were inclined to favour political progress within limits4 ,they were dissenters because the church was essentially part of the aristocracy2 and they were readiest to denounce the abuses from which they did not profit4 ,the agitators who supported ,wilkes1 solid aldermen and rich merchants1 represented the view which was popular in ,london and other great cities4 ,they were the backbone of the ,whig party when it began to demand a serious reform4 ,their radicalism1 however1 was not thoroughly democratic4 ,many of them aspired to become members of the ruling class1 and a shopkeeper does not quarrel too thoroughly with his customers4 ,the politics of individuals were of course determined by accidents4 ,some of them might retain the sympathy of the class from which they sprang1 and others might adopt an even extreme version of the opinions of the class to which they desired to rise4 ,but1 in any case1 the divergence of interest between the capitalists and the labourers was already making itself felt4 ,the self-made man1 it is said1 is generally the hardest master4 ,he approves of the stringent system of competition1 of which he is himself a product4 ,it clearly enables the best man to win1 for is he not himself the best man8 ,the class which was the great seat of movement had naturally to meet all the prejudices which are roused by change4 ,the farmers near ,london1 as ,adam ,smith tells us1#cb petitioned against an extension of turnpike roads1 which would enable more distant farmers to compete in their market4 ,but the farmers were not the only prejudiced persons4 ,all the great inventors of machinery1 ,kay and ,arkwright and ,watt1 had constantly to struggle against the old workmen who were displaced by their inventions4 ,although1 therefore1 the class might be ,whiggish1 it did not share the strongest revolutionary passions4 ,the genuine revolutionists were rather the men who destroyed the manufacturer's machines1 and were learning to regard him as a natural enemy4 ,the manufacturer had his own reasons for supporting government4 ,our foreign policy during the century was in the long run chiefly determined by the interests of our trade1 however much the trade might at times be hampered by ill-conceived regulations4 ,it is remarkable that ,adam ,smith#cc argues that1 although the capitalist is acuter that the country-gentleman1 his acuteness is chiefly displayed by knowing his own interests better4 ,those interests1 he thinks1 do not coincide so much as the interests of the country-gentleman with the general interests of the country4 ,consequently the country-gentleman1 though less intelligent1 is more likely to favour a national and liberal policy4 ,the merchant1 in fact1 was not a free-trader because he had read ,adam ,smith or consciously adopted ,smith's principles1 but because or in so far as particular restrictions interfered with him4 ,arthur ,young complains bitterly of the manufacturers who supported the prohibition to export ,english wool1 and so protected their own class at the expense of agriculturists4 ,wedgwood1 though a good liberal and a supporter of ,pitt's ,french treaty in #aghf1 joined in protesting against the proposal for free-trade with ,ireland4 ,the ,irish1 he thought1 might rival his potteries4 ,thus1 though as a matter of fact the growing class of manufacturers and merchants were inclined in the main to liberal principles1 it was less from adhesion to any general doctrine than from the fact that the existing restrictions and prejudices generally conflicted with their plain interests4 ,another characteristic is remarkable4 ,though the growth of manufactures and commerce meant the growth of great towns1 it did not mean the growth of municipal institutions4 ,on the contrary1 as ,i shall presently have to notice1 the municipalities were sinking to their lowest ebb4 ,manufactures1 in the first instance1 spread along the streams into country districts3 and to the great manufacturer1 working for his own hand1 his neighbours were competitors as much as allies4 ,the great towns1 however1 which were growing up1 showed the general tendencies of the class4 ,they were centres not only of manufacturing but of intellectual progress4 ,the population of ,birmingham1 containing the famous ,soho works of ,boulton and ,watt1 had increased between #agdj and #aghj from #bd1jjj to #gd1jjj inhabitants4 ,watt's partner ,boulton started the ',lunar ,society' at ,birmingham4#cd ,its most prominent member was ,erasmus ,darwin1 famous then for poetry which is chiefly remembered by the parody in the ,anti-,jacobin2 and now more famous as the advocate of a theory of evolution eclipsed by the teaching of his more famous grandson1 and1 in any case1 a man of remarkable intellectual power4 ,among those who joined in the proceedings was ,edgeworth1 who in #agfh was speculating upon moving carriages by steam1 and ,thomas ,day1 whose ,sandford and ,merton helped to spread in ,england the educational theories of ,rousseau4 ,priestley1 who settled at ,birmingham in #aghj1 became a member1 and was helped in his investigations by ,watt's counsels and ,wedgwood's pecuniary help4 ,among occasional visitors were ,smeaton1 ,sir ,joseph ,banks1 ,solander1 and ,herschel of scientific celebrity2 while the literary magnate1 ,dr4 ,parr1 who lived between ,warwick and ,birmingham1 occasionally joined the circle4 ,wedgwood1 though too far off to be a member1 was intimate with ,darwin and associated in various enterprises with ,boulton4 ,wedgwood's congenial partner1 ,thomas ,bentley 7#agca-aghj71 had been in business at ,manchester and at ,liverpool4 ,he had taken part in founding the ,warrington ',academy1' the dissenting seminary 7afterwards moved to ,manchester7 of which ,priestley was tutor 7#agfa-agfg71 and had lectured upon art at the academy founded at ,liverpool in #aggc4 ,another member of the academy was ,william ,roscoe 7#agec-ahca71 whose literary taste was shown by his lives of ,lorenzo de ,medici and ,leo ,x41 and who distinguished himself by opposing the slave-trade1 then the infamy of his native town4 ,allied with him in this movement were ,william ,rathbone and ,james ,currie 7#agef-ahje7 the biographer of ,burns1 a friend of ,darwin and an intelligent physician4 ,at ,manchester ,thomas ,perceval 7#agdj-ahjd7 founded the ',literary and ,philosophical ,society' in #aghj4 ,he was a pupil of the ,warrington ,academy1 which he afterwards joined on removing to ,manchester1 and he formed the scheme afterwards realised by ,owens ,college4 ,he was an early advocate of sanitary measures and factory legislation1 and a man of scientific reputation4 ,other members of the society were3 ,john ,ferriar 7#agfa-ahae71 best known by his ,illustrations of ,sterne1 but also a man of literary and scientific reputation2 the great chemist1 ,john ,dalton 7#agff-ahdd71 who contributed many papers to its transactions2 and1 for a short time1 the ,socialist ,robert ,owen1 then a rising manufacturer4 ,at ,norwich1 then important as a manufacturing centre1 was a similar circle4 ,william ,taylor1 an eminent ,unitarian divine1 who died at the ,warrington ,academy in #agfa1 had lived at ,norwich4 ,one of his daughters married ,david ,martineau and became the mother of ,harriet ,martineau1 who has described the ,norwich of her early years4 ,john ,taylor1 grandson of ,william1 was father of ,mrs4 ,austin1 wife of the jurist4 ,he was a man of literary tastes1 and his wife was known as the ,madame ,roland of ,norwich4 ,mrs4 ,opie 7#agfe-ahec7 was daughter of ,james ,alderson1 a physician of ,norwich1 and passed most of her life there4 ,william ,taylor 7#agfa-ahcf71 another ,norwich manufacturer1 was among the earliest ,english students of ,german literature4 ,norwich had afterwards the unique distinction of being the home of a provincial school of artists4 ,john ,crome 7#aghh-ahba71 son of a poor weaver1 and ,john ,sell ,cotman 7#aghb-ahdb7 were its leaders2 they formed a kind of provincial academy1 and exhibited pictures which have been more appreciated since their death4 ,at ,bristol1 towards the end of the century1 were similar indications of intellectual activity4 ,coleridge and ,southey found there a society ready to listen to their early lectures1 and both admired ,thomas ,beddoes 7#agfj-ahjh71 a physician1 a chemist1 a student of ,german1 an imitator of ,darwin in poetry1 and an assailant of ,pitt in pamphlets4 ,he had married one of ,edgeworth's daughters4 ,with the help and advice of ,wedgwood and ,watt1 he founded the ',pneumatic ,institute' at ,clifton in #agih1 and obtained the help of ,humphry ,davy1 who there made some of his first discoveries4 ,davy was soon transported to the ,royal ,institution1 founded at the suggestion of ,count ,rumford in #agii1 which represented the growth of a popular interest in the scientific discoveries4 ,the general tone of these little societies represents1 of course1 the tendency of the upper stratum of the industrial classes4 ,in their own eyes they naturally represented the progressive element of society4 ,they were ,whigs--for 'radicalism' was not yet invented--but ,whigs of the left wing2 accepting the aristocratic precedency1 but looking askance at the aristocratic prejudices4 ,they were rationalists1 too1 in principle1 but again within limits3 openly avowing the doctrines which in the ,established church had still to be sheltered by ostensible conformity to the traditional dogmas4 ,many of them professed the ,unitarianism to which the old dissenting bodies inclined4 ',unitarianism1' said shrewd old ,erasmus ,darwin1 'is a feather-bed for a dying ,christian4' ,but at present such men as ,priestley and ,price were only so far on the road to a thorough rationalism as to denounce the corruptions of ,christianity1 as they denounced abuses in politics1 without anticipating a revolutionary change in church and state4 ,priestley1 for example1 combined 'materialism' and 'determinism' with ,christianity and a belief in miracles1 and controverted ,horsley upon one side and ,paine on the other4 ,,notes3 #ca ,wealth of ,nations1 bk4 ii4 ch4 iii4 #cb ,wealth of ,nations1 bk4 i4 ch4 xi4 ,sec4 #a4 #cc ,ibid4 bk4 i4 ch4 xi4 conclusion4 #cd ,smiles's ,watt and ,boulton1 p4 #bib4 ,,ii4 ,,the ,,agriculturists ,the general spirit represented by such movements was by no means confined to the commercial or manufacturing classes2 and its most characteristic embodiment is to be found in the writings of a leading agriculturist4 ,arthur ,young1#ce born in #agda1 was the son of a clergyman1 who had also a small ancestral property at ,bradfield1 near ,bury ,st4 ,edmunds4 ,accidents led to his becoming a farmer at an early age4 ,he showed more zeal than discretion1 and after trying three thousand experiments on his farm1 he was glad to pay ,l#ajj to another tenant to take his farm off his hands4 ,this experience as a practical agriculturist1 far from discouraging him1 qualified him in his own opinion to speak with authority1 and he became a devoted missionary of the gospel of agricultural improvement4 ,the enthusiasm with which he admired more successful labourers in the cause1 and the indignation with which he regards the sluggish and retrograde1 are charming4 ,his kindliness1 his keen interest in the prosperity of all men1 rich or poor1 his ardent belief in progress1 combined with his quickness of observation1 give a charm to the writings which embody his experience4 ,tours in ,england and a temporary land-agency in ,ireland supplied him with materials for books which made him known both in ,england and on the ,continent4 ,in #aggi he returned to ,bradfield1 where he soon afterwards came into possession of his paternal estate1 which became his permanent home4 ,in #aghd he tried to extend his propaganda by bringing out the ,annals of ,agriculture--a monthly publication1 of which forty-five half-yearly volumes appeared4 ,he had many able contributors and himself wrote many interesting articles1 but the pecuniary results were mainly negative4 ,in #agia his circulation was only #cej copies4#cf ,meanwhile his acquaintance with the duc de ,liancourt led to tours in ,france from #aghh to #agij4 ,his ,travels in ,france1 first published in #agib1 has become a classic4 ,in #agic ,young was made secretary to the ,board of ,agriculture1 of which ,i shall speak presently4 ,he became known in ,london society as well as in agricultural circles4 ,he was a handsome and attractive man1 a charming companion1 and widely recognised as an agricultural authority4 ,the empress of ,russia sent him a snuff-box2 ',farmer ,george' presented a merino ram2 he was elected member of learned societies2 he visited ,burke at ,beaconsfield1 ,pitt at ,holmwood1 and was a friend of ,wilberforce and of ,jeremy ,bentham4 ,young had many domestic troubles4 ,his marriage was not congenial2 the loss of a tenderly loved daughter in #agig permanently saddened him2 he became blind1 and in his later years sought comfort in religious meditation and in preaching to his poorer neighbours4 ,he died #bjth ,april #ahbj4 ,he left behind him a gigantic history of agriculture1 filling ten folio volumes of manuscript1 which1 though reduced to six by an enthusiastic disciple after his death1 have never found their way to publication4 ,the ,travels in ,france1 ,young's best book1 owes one merit to the advice of a judicious friend1 who remarked that the previous tours had suffered from the absence of the personal details which interest the common reader4 ,the insertion of these makes ,young's account of his ,french tours one of the most charming as well as most instructive books of the kind4 ,it gives the vivid impression made upon a keen and kindly observer in all their freshness4 ,he sensibly retained the expressions of opinion made at the time4 ',i may remark at present1' he says1#cg 'that although ,i was totally mistaken in my prediction1 yet1 on a revision1 ,i think ,i was right in it4' ,it was right1 he means1 upon the data then known to him1 and he leaves the unfulfilled prediction as it was4 ,the book is frequently cited in justification of the revolution1 and it may be fairly urged that his authority is of the more weight1 because he does not start from any sympathy with revolutionary principles4 ,young was in ,paris when the oath was taken at the tennis-court2 and makes his reflections upon the beauty of the ,british ,constitution1 and the folly of visionary reforms1 in a spirit which might have satisfied ,burke4 ,he was therefore not altogether inconsistent when1 after the outrages1 he condemned the revolution1 however much the facts which he describes may tend to explain the inevitableness of the catastrophe4 ,at any rate1 his views are worth notice by the indications which they give of the mental attitude of a typical ,english observer4 ,young in his vivacious way struck out some of the phrases which became proverbial with later economists4 ',give a man the secure possession of a bleak rock and he will turn it into a garden4 ,give him a nine years' lease of a garden1 and he will convert it into a desert4'#ch ',the magic of ,,property turns sand to gold4'#ci ,he is delighted with the comfort of the small proprietors near ,pau1 which reminds him of ,english districts still inhabited by small yeomen4#dj ,passing to a less fortunate region1 he explains that the prince de ,soubise has a vast property there4 ,the property of a grand 'seigneur' is sure to be a desert4#da ,the signs which indicate such properties are 'wastes1 landes1 deserts1 fern1 ling4' ,the neighbourhood of the great residences is well peopled--'with deer1 wild boars1 and wolves1' ',oh1' he exclaims1 'if ,i was the legislator of ,france for a day1 ,i would make such great lords skip again6' ',why1' he asked1 'were the people miserable in lower ,savoy8' ',because'1 was the reply1 'there are seigneurs everywhere'4#db ,misery in ,brittany was due 'to the execrable maxims of despotism or the equally detestable prejudices of a feudal nobility4'#dc ,there was nothing1 he said1 in the province but 'privileges and poverty1'#dd privileges of the nobles and poverty of the peasants4 ,young was profoundly convinced1 moreover1 that1 as he says more than once#de 'everything in this world depends on government4' ,he is astonished at the stupidity and ignorance of the provincial population1 and ascribes it to the lethargy produced by despotism4#df ,he contrasts it with 'the energetic and rapid circulation of wealth1 animation1 and intelligence of ,england1' where 'blacksmiths and carpenters' would discuss every political event4 ,and yet he heartily admires some of the results of a centralised monarchy4 ,he compares the miserable roads in ,catalonia on the ,spanish side of the frontier with the magnificent causeways and bridges on the ,french side4 ,the difference is due to the 'one all-powerful cause that instigates mankind 444 government4'#dg ,he admires the noble public works1 the canal of ,languedoc1 the harbours at ,cherbourg and ,havre1 and the ecole veterinaire where agriculture is taught upon scientific principles4 ,he is struck by the curious contrast between ,france and ,england4 ,in ,france the splendid roads are used by few travellers1 and the inns are filthy pothouses2 in ,england there are detestable roads1 but a comparatively enormous traffic4 ,when he wished to make the great nobles 'skip' he does not generally mean confiscation4 ,he sees indeed one place where in #agij the poor had seized a piece of waste land1 declaring that the poor were the nation1 and that the waste belonged to the nation4 ,he declares#dh that he considers their action 'wise1 rational1 and philosophical1' and wishes that there were a law to make such conduct legal in ,england4 ,but his more general desire is that the landowners should be compelled to do their duty4 ,he complains that the nobles live in 'wretched holes' in the country in order to save the means of expenditure upon theatres1 entertainments1 and gambling in the towns4#di ',banishment alone will force the ,french nobility to do what the ,english do for pleasure--to reside upon and adorn their estates4'#ej ,he explains to a ,french friend that ,english agriculture has flourished 'in spite of the teeth of our ministers'2 we have had many ,colberts1 but not one ,sully#ea2 and we should have done much better1 he thinks1 had agriculture received the same attention as commerce4 ,this is the reverse of ,adam ,smith's remark upon the superior liberality of the ,english country-gentleman1 who did not1 like the manufacturers1 invoke protection and interference4 ,in truth1 ,young desired both advantages1 the vigour of a centralised government and the energy of an independent aristocracy4 ,his absence of any general theory enables him to do justice in detail at the cost of consistency in general theory4 ,in ,france1 as he saw1 the nobility had become in the main an encumbrance1 a mere dead weight upon the energies of the agriculturist4 ,but he did not infer that large properties in land were bad in themselves2 for in ,england he saw that the landowners were the really energetic and improving class4 ,he naturally looked at the problem from the point of view of an intelligent land-agent4 ,he is full of benevolent wishes for the labourer1 and sympathises with the attempt to stimulate their industry and improve their dwellings1 and denounces oppression whether in ,france or ,ireland with the heartiest goodwill4 ,but it is characteristic of the position that such a man--an enthusiastic advocate of industrial progress--was a hearty admirer of the ,english landowner4 ,he sets out upon his first tour1 announcing that he does not write for farmers1 of whom not one in five thousand reads anything1 but for the country-gentlemen1 who are the great improvers4 ,tull1 who introduced turnips2 ,weston1 who introduced clover2 ,lord ,townshend and ,allen1 who introduced 'marling' in ,norfolk1 were all country-gentlemen1 and it is from them that he expects improvement4 ,he travels everywhere1 delighting in their new houses and parks1 their picture galleries1 and their gardens laid out by ,kent or ',capability ,brown'2 he admires scenery1 climbs ,skiddaw1 and is rapturous over views of the ,alps and ,pyrenees2 but he is thrown into a rage by the sight of wastes1 wherever improvement is possible4 ,what delights him is an estate with a fine country-house of ,palladian architecture 7',gothic' is with him still a term of abuse71#eb with grounds well laid out and a good home-farm1 where experiments are being tried1 and surrounded by an estate in which the farm-buildings show the effects of the landlord's good example and judicious treatment of his tenantry4 ,there was no want of such examples4 ,he admires the marquis of ,rockingham1 at once the most honourable of statesmen and most judicious of improvers4 ,he sings the praises of the duke of ,portland1 the earl of ,darlington1 and the duke of ,northumberland4 ,an incautious announcement of the death of the duke of ,grafton1 remembered chiefly as one of the victims of ,junius1 but known to ,young for his careful experiments in sheep-breeding1 produced a burst of tears1 which1 as he believed1 cost him his eyesight4 ,his friend1 the fifth duke of ,bedford 7died #ahjb71 was one of the greatest improvers for the ,south1 and was succeeded by another friend1 the famous ,coke of ,holkham1 afterwards earl of ,leicester1 who is said to have spent half a million upon the improvement of his property4 ,young appeals to the class in which such men were leaders1 and urges them1 not against their wishes1 we may suppose1 and1 no doubt1 with much good sense1 to take to their task in the true spirit of business4 ,nothing1 he declares1 is more out of place than the boast of some great landowners that they never raise their rents4#ec ,high rents produce industry4 ,the man who doubles his rents benefits the country more than he benefits himself4 ,even in ,ireland1#ed a rise of rents is one great cause of improvement1 though the rent should not be excessive1 and the system of middlemen is altogether detestable4 ,one odd suggestion is characteristic4#ee ,he hears that wages are higher in ,london than elsewhere4 ,now1 he says1 in a trading country low wages are essential4 ,he wonders1 therefore1 that the legislature does not limit the growth of ,london4 ,this1 we may guess1 is one of the petulant utterances of early years which he would have disavowed or qualified upon maturer reflection4 ,but ,young is essentially an apostle of the 'glorious spirit of improvement1'#ef which has converted ,norfolk sheep-walks into arable fields1 and was spreading throughout the country and even into ,ireland4 ,his hero is the energetic landowner1 who makes two blades of grass grow where one grew before2 who introduces new breeds of cattle and new courses of husbandry4 ,he is so far in sympathy with the ,wealth of ,nations1 although he says of that book that1 while he knows of 'no abler work1' he knows of none 'fuller of poisonous errors4'#eg ,young1 that is1 sympathised with the doctrine of the physiocrats that agriculture was the one source of real wealth1 and took ,smith to be too much on the side of commerce4 ,young1 however1 was as enthusiastic a free-trader as ,smith4 ,he naturally denounces the selfishness of the manufacturers who1 in #aghh1 objected to the free export of ,english wool1#eh but he also assails monopoly in general4 ,the whole system1 he says 7on occasion of ,pitt's ,french treaty71 is rotten to the core4 ,the 'vital spring and animating soul of commerce is ,,liberty4'#ei ,though he talks of the balance of trade1 he argues in the spirit of ,smith or ,cobden that we are benefited by the wealth of our customers4 ,if we have to import more silk1 we shall export more cloth4 ,young1 indeed1 was everything but a believer in any dogmatic or consistent system of ,political ,economy1 or1 as he still calls it1 ,political ,arithmetic4 ,his opinions were not of the kind which can be bound to any rigid formulae4 ,after investigating the restrictions of rent and wages in different districts1 he quietly accepts the conclusion that the difference is due to accident4#fj ,he has as yet no fear of ,malthus before his eyes4 ,he is roused to indignation by the pessimist theory then common1 that population was decaying4#fa ,everywhere he sees signs of progress2 buildings1 plantations1 woods1 and canals4 ,employment1 he says1 creates population1 stimulates industry1 and attracts labour from backward districts4 ,the increase of numbers is an unqualified benefit4 ,he has no dread of excess4 ,in ,ireland1 he observes1 no one is fool enough to deny that population is increasing1 though people deny it in ,england1 'even in the most productive period of her industry and wealth4'#fb ,one cause of this blessing is the absence or the poor-law4 ,the ,english poor-law is detestable to him for a reason which contrasts significantly with the later opinion4 ,the laws were made 'in the very spirit of depopulation'2 they are 'monuments of barbarity and mischief'2 for they give to every parish an interest in keeping down the population4 ,this tendency was in the eyes of the later economist a redeeming feature in the old system2 though it had been then so modified as to stimulate what they took to be the curse1 as ,young held it to be the blessing1 of a rapid increase of population4 ,with such views ,young was a keen advocate of the process of enclosure which was going on with increasing rapidity4 ,he found a colleague1 who may be briefly noticed as a remarkable representative of the same movement4 ,sir ,john ,sinclair 7#aged-ahce7fc was heir to an estate of sixty thousand acres in ,caithness which produced only ,l#bcjj a year1 subject to many encumbrances4 ,the region was still in a primitive state4 ,there were no roads3 agriculture was of the crudest kind2 part of the rent was still paid in feudal services2 the natives were too ignorant or lazy to fish1 and there were no harbours4 ,trees were scarce enough to justify ,johnson1 and a list of all the trees in the country included currant-bushes4#fd ,sinclair was a pupil of the poet ,logan3 studied under ,blair at ,edinburgh and ,millar at ,glasgow2 became known to ,adam ,smith1 and1 after a short time at ,oxford1 was called to the ,english bar4 ,sinclair was a man of enormous energy1 though not of vivacious intellect4 ,he belonged to the prosaic breed1 which created the 'dismal science1' and seems to have been regarded as a stupendous bore4 ,bores1 however1 represent a social force not to be despised1 and ,sinclair was no exception4 ,his father died when he was sixteen4 ,when twenty years old he collected his tenants1 and in one night made a road across a hill which had been pronounced impracticable4 ,he was an enthusiastic admirer of ,gaelic traditions2 defended the authenticity of ,ossian2 supported ,highland games1 and brought ,italian travellers to listen to the music of the bagpipes4 ,when he presented himself to his tenants in the ,highland costume1 on the withdrawal of its prohibition1 they expected him to lead them in a foray upon the lowlands in the name of ,charles ,edward4 ,he afterwards raised a regiment of 'fencibles' which served in ,ireland in #agih1 and1 when disbanded1 sent a large contingent to the ,egyptian expedition4 ,but he rendered more peaceful services to his country4 ,he formed new farms2 he enclosed several thousand acres2 as head of the ',british ,wool ,society1' he introduced the ,cheviots or 'long sheep' to the ,north--an improvement which is said to have doubled the rents of many estates2 he introduced agricultural shows2 he persuaded government in #ahja to devote the proceeds of the confiscated estates of ,jacobites to the improvement of ,scottish communications2 he helped to introduce fisheries and even manufactures2 and was a main agent in the change which made ,caithness one of the most rapidly improving parts of the country4 ,his son assures us that he took every means to obviate the incidental evils which have been the pretexts of denunciators of similar improvements4 ,sinclair gained a certain reputation by a ,history of the ,revenue 7#aghe-ij71 and1 like ,malthus1 travelled on the ,continent to improve his knowledge4 ,his first book finished1 he began the great statistical work by which he is best remembered4 ,he is said to have introduced into ,english the name of 'statistics1' for the researches of which all economical writers were beginning to feel the necessity4 ,he certainly did much to introduce the reality4 ,sinclair circulated a number of queries 7upon 'natural history1' 'population1' 'productions1' and 'miscellaneous' informations7 to every parish minister in ,scotland4 ,he surmounted various jealousies naturally excited1 and the ultimate result was the ,statistical ,account of ,scotland1 which appeared in twenty-one volumes between #agia and #agii4fe ,it gives an account of every parish in ,scotland1 and was of great value as supplying a basis for all social investigations4 ,sinclair bore the expense1 and gave the profits to the ',sons of the ,clergy4' ,in #agic ,sinclair1 who had been in parliament since #aghj1 made himself useful to ,pitt in connection with the issue of exchequer bills to meet the commercial crisis4 ,he begged in return for the foundation of a ,board of ,agriculture4 ,he became the president and ,arthur ,young the secretary2#ff and the board represented their common aspirations4 ,it was a rather anomalous body1 something between a government office and such an institution as the ,royal ,society2 and was supported by an annual grant of ,l#cjjj4 ,the first aim of the board was to produce a statistical account of ,england on the plan of the ,scottish account4 ,the ,english clergy1 however1 were suspicious2 they thought1 it seems1 that the collection of statistics meant an attack upon tithes2 and ,young's frequent denunciation of tithes as discouraging agricultural improvement suggests some excuse for the belief4 ,the plan had to be dropped2 a less thoroughgoing description of the counties was substituted2 and a good many ',views' of the agriculture of different counties were published in #agid and succeeding years4 ,the board did its best to be active with narrow means4 ,it circulated information1 distributed medals1 and brought agricultural improvers together4 ,it encouraged the publication of ,erasmus ,darwin's ,phytologia 7#agii71 and procured a series of lectures from ,humphry ,davy1 afterwards published as ,elements of ,agricultural ,chemistry 7#ahac74 ,sinclair also claims to have encouraged ,macadam 7#agef-ahcf71 the road-maker1 and ,meikle1 the inventor of the thrashing-machine4 ,one great aim of the board was to promote enclosures4 ,young observes in the introductory paper to the ,annals that within forty years nine hundred bills had been passed affecting about a million acres4 ,this included wastes1 but the greater part was already cultivated under the 'constraint and imperfection of the open field system1' a relic of the 'barbarity of our ancestors4' ,enclosures involved procuring acts of parliament--a consequent expenditure1 as ,young estimates1 of some ,l#bjjj in each case2#fg and as they were generally obtained by the great landowners1 there was a frequent neglect of the rights of the poor and of the smaller holders4 ,the remedy proposed was a general enclosure act2 and such an act passed the ,house of ,commons in #agih1 but was thrown out by the ,lords4 ,an act was not obtained till after the ,reform ,bill4 ,sinclair1 however1 obtained some modification of the procedure2 which1 it is said1 facilitated the passage of private bills4 ,they became more numerous in later years1 though other causes obviously co-operated4 ,meanwhile1 it is characteristic that ,sinclair and ,young regarded wastes as a backwoodsman regarded a forest4 ,the incidental injury to poor commoners was not unnoticed1 and became one of the topics of ,cobbett's eloquence4 ,but to the ardent agriculturist the existence of a bit of waste land was a simple proof of barbarism4 ,sinclair's favourite toast1 we are told1 was ',may commons become uncommon'--his one attempt at a joke4 ,he prayed that ,epping ,forest and ,finchley ,common might pass under the yoke as well as our foreign enemies4 ,young is driven out of all patience by the sight of 'fern1 ling1 and other trumpery' usurping the place of possible arable fields4#fh ,he groans in spirit upon ,salisbury ,plain1 which might be made to produce all the corn we import4#fi ,enfield ,chase1 he declares1 is a 'real nuisance to the public4'#gj ,we may be glad that the zeal for enclosure was not successful in all its aims2 but this view of philanthropic and energetic improvers is characteristic4 ,it is said#ga that ,young and ,sinclair ruined the ,board of ,agriculture by making it a kind of political debating club4 ,it died in #ahbb4 ,sinclair obtained an appointment in ,scotland1 and continued to labour unremittingly4 ,he carried on a correspondence with all manner of people1 including ,washington1 ,eldon1 ,catholic bishops in ,ireland1 financiers and agriculturists on the ,continent1 and the most active economists in ,england4 ,he suggested a subject for a poem to ,scott4#gb ,he wrote pamphlets about cash-payments1 ,catholic ,emancipation1 and the ,reform ,bill1 always disagreeing with all parties4 ,he projected four codes which were to summarise all human knowledge upon health1 agriculture1 political economy1 and religion4 ,the ,code of ,health 7#d vols41 #ahjg7 went through six editions2 ,the ,code of ,agriculture appeared in #ahbi2 but the world has not been enriched by the others4 ,he died at ,edinburgh on the #bast ,september #ahce4 ,i have dwelt so far upon ,young because he is the best representative of that 'glorious spirit of improvement' which was transforming the whole social structure4 ,young's view of the ,french revolution indicates one marked characteristic of that spirit4 ,he denounces the ,french seigneur because he is lethargic4 ,he admires the ,english nobleman because he is energetic4 ,the ,french noble may even deserve confiscation2 but he has not the slightest intention of applying the same remedy in ,england1 where squires and noblemen are the very source of all improvement4 ,he holds that government is everything1 and admires the great works of the ,french despotism3 and yet he is a thorough admirer of the liberties enjoyed under the ,british ,constitution1 the essential nature of which makes similar works impossible4 ,i need not ask whether ,young's logic could be justified2 though it would obviously require for justification a thoroughly 'empirical' view1 or1 in other words1 the admission that different circumstances may require totally different institutions4 ,the view1 however1 which was congenial to the prevalent spirit of improvement must be noted4 ,it might be stated as a paradox that1 whereas in ,france the most palpable evils arose from the excessive power of the central government1 and in ,england the most palpable evils arose from the feebleness of the central government1 the ,french reformers demanded more government and the ,english reformers demanded less government4 ',everything for the people1 nothing by the people1' was1 as ,mr4 ,morley remarks1#gc the maxim of the ,french economists4 ,the solution seems to be easy4 ,in ,france1 reformers such as ,turgot and the economists were in favour of an enlightened despotism1 because the state meant a centralised power which might be turned against the aristocracy4 ,once 'enlightened' it would suppress the exclusive privileges of a class which1 doing nothing in return1 had become a mere burthen or dead weight encumbering all social development4 ,but in ,england the privileged class was identical with the governing class4 ,the political liberty of which ,englishmen were rightfully proud1 the 'rule of law' which made every official responsible to the ordinary course of justice1 and the actual discharge of their duties by the governing order1 saved it from being the objects of a jealous class hatred4 ,while in ,france government was staggering under an ever-accumulating resentment against the aristocracy1 the contemporary position in ,england was1 on the whole1 one of political apathy4 ,the country1 though it had lost its colonies1 was making unprecedented progress in wealth2 commerce1 manufactures1 and agriculture were being developed by the energy of individuals2 and ,pitt was beginning to apply ,adam ,smith's principles to finance4 ,the cry for parliamentary reform died out3 neither ,whigs nor ,tories really cared for it2 and the 'glorious spirit of improvement' showed itself in an energy which had little political application4 ,the nobility was not an incubus suppressing individual energy and confronted by the state1 but was itself the state2 and its individual members were often leaders in industrial improvement4 ,discontent1 therefore1 took in the main a different form4 ,some government was1 of course1 necessary1 and the existing system was too much in harmony1 even in its defects1 with the social order to provoke any distinct revolutionary sentiment4 ,englishmen were not only satisfied with their main institutions1 but regarded them with exaggerated complacency4 ,but1 though there was no organic disorder1 there were plenty of abuses to be remedied4 ,the ruling class1 it seemed1 did its duties in the main1 but took unconscionable perquisites in return4 ,if it 'farmed' them1 it was right that it should have a beneficial interest in the concern2 but that interest might be excessive4 ,in many directions abuses were growing up which required remedy1 though not a subversion of the system under which they had been generated4 ,it was not desired--unless by a very few theorists--to make any sweeping redistribution of power2 but it was eminently desirable to find some means of better regulating many evil practices4 ,the attack upon such practices might ultimately suggest--as1 in fact1 it did suggest--the necessity of far more thoroughgoing reforms4 ,for the present1 however1 the characteristic mark of ,english reformers was this limitation of their schemes1 and a mark which is especially evident in ,bentham and his followers4 ,i will speak1 therefore1 of the many questions which were arising1 partly for these reasons and partly because the ,utilitarian theory was in great part moulded by the particular problems which they had to argue4 ,,notes3 #ce ,young's ,travels in ,france was republished in #ahib1 with a preface and short life by ,miss ,betham ,edwards4 ,she has since 7#ahih7 published his autobiography4 ,see also the autobiographical sketch in the ,annals of ,agriculture1 xv4 #aeb-ig4 ,young's ,farmer's ,letters first appeared in #agfg2 his ,tours in the ,southern1 ,northern1 and ,eastern ,counties in #agfh1 #aggj1 and #agga2 his ,tour in ,ireland in #aghj2 and his ,travels in ,france in #agib4 ,a useful bibliography1 containing a list of his many publications1 is appended to the edition of the ,tour in ,ireland edited by ,mr4 ,a4 ,w4 ,hutton in #ahib4 #cf ,annals1 xv4 #aff4 #cg ,travels in ,france 7#ahib71 p4 #ahd n4 #ch ,travels in ,france1 p4 #ed4 #ci ,ibid4 p4 #aji4 #dj ,ibid4 p4 #fa4 #da ,ibid4 p4 #gj4 #db ,ibid4 p4 #bgi4 #dc ,travels in ,france1 p4 #abe4 #dd ,ibid4 p4 #aca4 #de ,ibid4 pp4 #aih1 #bih4 #df ,ibid4 pp4 #ee1 #aic1 #aii1 #bcg4 #dg ,ibid4 p4 #dc4 #dh ,travels in ,france1 pp4 #bia-ib4 #di ,ibid4 p4 #acb4 #ej ,ibid4 p4 #ff4 #ea ,ibid4 p4 #aca4 #eb e4g4 ,southern ,tour1 p4 #ajc2 ,northern ,tour1 p4 #ahj 7,york ,cathedral74 #ec ,northern ,tour1 iv4 #cdd1 #cgg4 #ed ,irish ,tour1 ii4 #aad4 #ee ,southern ,tour1 p4 #cbf4 #ef ,southern ,tour1 p4 #bb4 #eg ,annals1 i4 #chj4 #eh ,ibid4 vol1 x4 #ei ,ibid4 iv4 #ag4 #fj ,southern ,tour1 p4 #bfb2 ,northern ,tour1 ii4 #dab4 #fa ,northern ,tour1 iv4 #daj1 etc4 #fb ,irish ,tour1 ii4 #aah-ai4 #fc ,memoirs of ,sir ,john ,sinclair1 by his son4 #b vols41 #ahcg4 #fd ,memoirs1 i4 #cch4 #fe ,a ,new ,statistical ,account1 replacing this1 appeared in twenty-four volumes from #ahcd to #ahdd4 #ff ,he was president for the first five years1 and again1 from #ahjf till #ahac4 ,for an account of this1 see ,sir ,ernest ,clarke's ,history of the ,board of ,agriculture1 #ahih4 #fg ,northern ,tour1 i4 #bbb-cb4 #fh ,northern ,tour1 ii4 #ahf4 #fi ,southern ,tour1 p4 #bj4 #gj ,northern ,tour1 iii4 #cfe4 #ga ,arthur ,young had a low opinion of ,sinclair1 whom he took to be a pushing and consequential busybody1 more anxious to make a noise than to be useful4 ,see ,young's ,autobiography 7#ahih71 pp4 #bdc1 #cae1 #dcg4 ,sir ,ernest ,clarke points out the injury done by ,sinclair's hasty and blundering extravagance2 but also shows that the board did great service in stimulating agricultural improvement4 #gb ,scott's ,letters1 i4 #bjb4 #gc ,essay on ',turgot4' ,see1 in ,daire's ,collection of the ,economistes1 the arguments of ,quesnay 7p4 #ha71 ,dupont de ,nemours 7p4 #cfj71 and ,mercier de la ,riviere in favour of a legal 7as distinguished from an 'arbitrary'7 despotism4 ,,chapter ,,iii ,,social ,,problems ,i4 ,,pauperism ,perhaps the gravest of all the problems which were to occupy the coming generation was the problem of pauperism4 ,the view taken by the ,utilitarians was highly characteristic and important4 ,i will try to indicate the general position of intelligent observers at the end of the century by referring to the remarkable book of ,sir ,frederick ,morton ,eden4 ,its purport is explained by the title3 ',the ,state of the ,poor2 or1 an ,history of the ,labouring ,classes of ,england from the ,norman ,conquest to the present period2 in which are particularly considered their domestic economy1 with respect to diet1 dress1 fuel1 and habitation2 and the various plans which have from time to time been proposed and adopted for the relief of the poor' 7#c vols4 #dto1 #agig74 ,eden#gd 7#agff-ahji7 was a man of good family and nephew of the first ,lord ,auckland1 who negotiated ,pitt's commercial treaty4 ,he graduated as ,b4,a4 from ,christ ,church1 ,oxford1 in #aghg2 married in #agib1 and at his death 7#adth ,nov4 #ahji7 was chairman of the ,globe ,insurance ,company4 ,he wrote various pamphlets upon economical topics2 contributed letters signed ',philanglus' to ,cobbett's ,porcupine1 the anti-jacobin paper of the day2 and is described by ,bentham#ge as a 'declared disciple' and a 'highly valued friend4' ,he may be reckoned1 therefore1 as a ,utilitarian1 though politically he was a ,conservative4 ,he seems to have been a man of literary tastes as well as a man of business1 and his book is a clear and able statement of the points at issue4 ,eden's attention had been drawn to the subject by the distress which followed the outbreak of the revolutionary war4 ,he employed an agent who travelled through the country for a year with a set of queries drawn up after the model of those prepared by ,sinclair for his ,statistical ,account of ,scotland4 ,he thus anticipated the remarkable investigation made in our own time by ,mr4 ,charles ,booth4 ,eden made personal inquiries and studied the literature of the subject4 ,he had a precursor in ,richard ,burn 7#agji-aghe71 whose ,history of the ,poor-laws appeared in #agfd1 and a competitor in ,john ,ruggles1 whose ,history of the ,poor first appeared in ,arthur ,young's ,annals1 and was published as a book in #agic 7second edition1 #agig74 ,eden's work eclipsed ,ruggles's4 ,it has a permanent value as a collection of facts2 and was a sign of the growing sense of the importance of accurate statistical research4 ,the historian of the social condition of the people should be grateful to one who broke ground at a time when the difficulty of obtaining a sound base for social inquiries began to make itself generally felt4 ,the value of the book for historical purposes lies beyond my sphere4 ,his first volume1 ,i may say1 gives a history of legislation from the earliest period2 and contains also a valuable account of the voluminous literature which had grown up during the two preceding centuries4 ,the other two summarise the reports which he had received4 ,i will only say enough to indicate certain critical points4 ,eden's book unfortunately was to mark1 not a solution of the difficulty but1 the emergence of a series of problems which were to increase in complexity and ominous significance through the next generation4 ,the general history of the poor-law is sufficiently familiar4#gf ,the mediaeval statutes take us to a period at which the labourer was still regarded as a serf2 and a man who had left his village was treated like a fugitive slave4 ,a long series of statutes regulated the treatment of the 'vagabond4' ,the vagabond1 however1 had become differentiated from the pauper4 ,the decay of the ancient order of society and its corresponding institutions had led to a new set of problems2 and the famous statute of ,elizabeth 7#afja7 had laid down the main lines of the system which is still in operation4 ,when the labourer was regarded as in a servile condition1 he might be supported from the motives which lead an owner to support his slaves1 or by the charitable energies organised by ecclesiastical institutions4 ,he had now ceased to be a serf1 and the institutions which helped the poor man or maintained the beggar were wrecked4 ,the ,elizabethan statute gave him1 therefore1 a legal claim to be supported1 and1 on the other hand1 directed that he should be made to work for his living4 ,the assumption is still that every man is a member of a little social circle4 ,he belongs to his parish1 and it is his fellow-parishioners who are bound to support him4 ,so long as this corresponded to facts1 the system could work satisfactorily4 ,with the spread of commerce1 and the growth of a less settled population1 difficulties necessarily arose4 ,the pauper and the vagabond represent a kind of social extravasation2 the 'masterless man' who has strayed from his legitimate place or has become a superfluity in his own circle4 ,the vagabond could be flogged1 sent to prison1 or if necessary hanged1 but it was more difficult to settle what to do with a man who was not a criminal1 but simply a product in excess of demand4 ,all manner of solutions had been suggested by philanthropists and partly adopted by the legislature4 ,one point which especially concerns us is the awkwardness or absence of an appropriate administrative machinery4 ,the parish1 the unit on which the pauper had claims1 meant the persons upon whom the poor-rate was assessed4 ,these were mainly farmers and small tradesmen who formed the rather vague body called the vestry4 ',overseers' were appointed by the ratepayers themselves2 they were not paid1 and the disagreeable office was taken in turn for short periods4 ,the most obvious motive with the average ratepayer was of course to keep down the rates and to get the burthen of the poor as much as possible out of his own parish4 ,each parish had at least an interest in economy4 ,but the economical interest also produced flagrant evils4 ,in the first place1 there was the war between parishes4 ,the law of settlement--which was to decide to what parish a pauper belonged--originated in an act of #affb4 ,eden observes that the short clause in this short act had brought more profit to the lawyers than 'any other point in the ,english jurisprudence4'#gg ,it is said that the expense of such a litigation before the act of #ahcd averaged from ,l#cjj1jjj to ,l#cej1jjj a year4#gh ,each parish naturally endeavoured to shift the burthen upon its neighbours2 and was protected by laws which enabled it to resist the immigration of labourers or actually to expel them when likely to become chargeable4 ,this law is denounced by ,adam ,smith#gi as a 'violation of natural liberty and justice4' ,it was often harder1 he declared1 for a poor man to cross the artificial boundaries of his parish than to cross a mountain ridge or an arm of the sea4 ,there was1 he declared1 hardly a poor man in ,england over forty who had not been at some time 'cruelly oppressed' by the working of this law4 ,eden thinks that ,smith had exaggerated the evil3 but a law which operated by preventing a free circulation of labour1 and made it hard for a poor man to seek the best price for his only saleable commodity1 was1 so far1 opposed to the fundamental principles common to ,smith and ,eden4 ,the law1 too1 might be used oppressively by the niggardly and narrow-minded4 ,the overseer1 as ,burn complained1#hj was often a petty tyrant3 his aim was to depopulate his parish2 to prevent the poor from obtaining a settlement2 to make the workhouse a terror by placing it under the management of a bully2 and by all kinds of chicanery to keep down the rates at whatever cost to the comfort and morality of the poor4 ,this explains the view taken by ,arthur ,young1 and generally accepted at the period1 that the poor-law meant depopulation4 ,workhouses had been started in the seventeenth century#ha with the amiable intention of providing the industrious poor with work4 ,children might be trained to industry and the pauper might be made self-supporting4 ,workhouses were expected that is1 to provide not only work but wages4 ,defoe1 in his ,giving ,alms no ,charity1 pointed out the obvious objections to the workhouse considered as an institution capable of competing with the ordinary industries4 ,workhouses1 in fact1 soon ceased to be profitable4 ,their value1 however1 in supplying a test for destitution was recognised2 and by an act of #agbb1 parishes were allowed to set up workhouses1 separately or in combination1 and to strike off the lists of the poor those who refused to enter them4 ,this was the germ of the later 'workhouse test4'#hb ,when grievances arose1 the invariable plan1 as ,nicholls observes1#hc was to increase the power of the justices4 ,their discretion was regarded 'as a certain cure for every shortcoming of the law and every evil arising out of it4' ,the great report of #ahcd traces this tendency#hd to a clause in an act passed in the reign of ,william ,,iii41 which was intended to allow the justices to check the extravagance of parish officers4 ,they were empowered to strike off persons improperly relieved4 ,this incidental regulation1 widened by subsequent interpretations1 allowed the magistrates to order relief1 and thereby introduced an incredible amount of demoralisation4 ,the course was natural enough1 and indeed apparently inevitable4 ,the justices of the peace represented the only authority which could be called in to regulate abuses arising from the incapacity and narrow local interests of the multitudinous vestries4 ,the schemes of improvement generally involved some plan for a larger area4 ,if a hundred or a county were taken for the unit1 the devices which depopulated a parish would no longer be applicable4#he ,the only scheme actually carried was embodied in ',gilbert's act' 7#aghb71 obtained by ,thomas ,gilbert 7#agbj-agih71 an agent of the duke of ,bridgewater1 and an active advocate of poor-law reform in the ,house of ,commons4 ,this scheme was intended as a temporary expedient during the distress caused by the ,american ,war2 and a larger and more permanent scheme which it was to introduce failed to become law4 ,it enabled parishes to combine if they chose to provide common workhouses1 and to appoint 'guardians4' ,the justices1 as usual1 received more powers in order to suppress the harsh dealing of the old parochial authorities4 ,the guardians1 it was assumed1 could always find 'work1' and they were to relieve the able-bodied without applying the workhouse test4 ,the act1 readily adopted1 thus became a landmark in the growth of laxity4#hf ,at the end of the century a rapid development of pauperism had taken place4 ,the expense1 as ,eden had to complain1 had doubled in twenty years4 ,this took place simultaneously with the great development of manufactures4 ,it is not perhaps surprising1 though it may be melancholy1 that increase of wealth shall be accompanied by increase of pauperism4 ,where there are many rich men1 there will be a better field for thieves and beggars4 ,a life of dependence becomes easier though it need not necessarily be adopted4 ,whatever may have been the relation of the two phenomena1 the social revolution made the old social arrangements more inadequate4 ,great aggregations of workmen were formed in towns1 which were still only villages in a legal sense4 ,fluctuations of trade1 due to war or speculation1 brought distress to the improvident2 and the old assumption that every man had a proper place in a small circle1 where his neighbours knew all about him1 was further than ever from being verified4 ,one painful result was already beginning to show itself4 ,neglected children in great towns had already excited compassion4 ,thomas ,coram 7#affh8-agea7 had been shocked by the sight of dying children exposed in the streets of ,london1 and succeeded in establishing the ,foundling ,hospital 7founded in #agdb74 ,in #agfb1 ,jonas ,hanway 7#agab-aghf7 obtained a law for boarding out children born within the bills of mortality4 ,the demand for children's labour1 produced by the factories1 seemed naturally enough to offer a better chance for extending such charities4 ,unfortunately among the people who took advantage of it were parish officials1 eager to get children off their hands1 and manufacturers concerned only to make money out of childish labour4 ,hence arose the shameful system for which remedies 7as ,i shall have to notice7 had to be sought in a later generation4 ,meanwhile the outbreak of the revolutionary war had made the question urgent4 ,when ,manchester trade suffered1 as ,eden tells us in his reports1 many workmen enlisted in the army1 and left their children to be supported by the parish4 ,bad seasons followed in #agid and #agie1 and there was great distress in the agricultural districts4 ,the governing classes became alarmed4 ,in ,december #agie ,whitbread introduced a bill providing that the justices of the peace should fix a minimum rate of wages4 ,upon a motion for the second reading1 ,pitt made the famous speech 7#abth ,december7 including the often-quoted statement that when a man had a family1 relief should be 'a matter of right and honour1 instead of a ground of opprobrium and contempt4'#hg ,pitt had in the same speech shown his reading of ,adam ,smith by dwelling upon the general objections to state interference with wages1 and had argued that more was to be gained by removing the restrictions upon the free movement of labour4 ,he undertook to produce a comprehensive measure2 and an elaborate bill of #acj clauses was prepared in #agif4hh ,the rates were to be used to supplement inadequate wages2 'schools of industry' were to be formed for the support of superabundant children2 loans might be made to the poor for the purchase of a cow2#hi and the possession of property was not to disqualify for the receiving relief4 ,in short1 the bill seems to have been a model of misapplied benevolence4 ,the details were keenly criticised by ,bentham1 and the bill never came to the birth4 ,other topics were pressing enough at this time to account for the failure of a measure so vast in its scope4 ,meanwhile something had to be done4 ,on #fth ,may #agie the ,berkshire magistrates had passed certain resolutions called from their place of meeting1 the ',speenhamland ,act of ,parliament4' ,they provided that the rate of wages of a labourer should be increased in proportion to the price of corn and to the number of his family--a rule which1 as ,eden observes1 tended to discourage economy of food in times of scarcity4 ,they also sanctioned the disastrous principle of paying part of the wages out of rates4 ,an act passed in #agif repealed the old restrictions upon out-door relief2 and thus1 during the hard times that were to follow1 the poor-laws were adapted to produce the state of things in which1 as ,cobbett says 7in #ahba7 'every labourer who has children is now regularly and constantly a pauper4'#ij ,the result represents a curious compromise4 ,the landowners1 whether from benevolence or fear of revolution1 desired to meet the terrible distress of the times4 ,unfortunately their spasmodic interference was guided by no fixed principles1 and acted upon a class of institutions not organised upon any definite system4 ,the general effect seems to have been that the ratepayers1 no longer allowed to 'depopulate1' sought to turn the compulsory stream of charity partly into their own pockets4 ,if they were forced to support paupers1 they could contrive to save the payment of wages4 ,they could use the labour of the rate-supported pauper instead of employing independent workmen4 ,the evils thus produced led before long to most important discussions4#ia ,the ordinary view of the poor-law was inverted4 ,the prominent evil was the reckless increase of a degraded population instead of the restriction of population4 ,eden's own view is sufficiently indicative of the light in which the facts showed themselves to intelligent economists4 ,as a disciple of ,adam ,smith1 he accepts the rather vague doctrine of his master about the 'balance' between labour and capital4 ,if labour exceeds capital1 he says1 the labourer must starve 'in spite of all political regulations4'#ib ,he therefore looks with disfavour upon the whole poor-law system4 ,it is too deeply rooted to be abolished1 but he thinks that the amount to be raised should not be permitted to exceed the sum levied on an average of previous years4 ,the only certain result of ,pitt's measure would be a vast expenditure upon a doubtful experiment3 and one main purpose of his publication was to point out the objections to the plan4 ,he desires what seemed at that time to be almost hopeless1 a national system of education2 but his main doctrine is the wisdom of reliance upon individual effort4 ,the truth of the maxim 'pas trop gouverner1' he says1#ic has never been better illustrated than by the contrast between friendly societies and the poor-laws4 ,friendly societies had been known1 though they were still on a humble scale1 from the beginning of the century1 and had tended to diminish pauperism in spite of the poor-laws4 ,eden gives many accounts of them4 ,they seem to have suggested a scheme proposed by the worthy ,francis ,maseres#id 7#agca-ahbd7 in #aggb for the establishment of life annuities4 ,a bill to give effect to this scheme passed the ,house of ,commons in #aggc with the support of ,burke and ,savile1 but was thrown out in the ,house of ,lords4 ,in #aghf ,john ,acland 7died #agif71 a ,devonshire clergyman and justice of the peace1 proposed a scheme for uniting the whole nation into a kind of friendly society for the support of the poor when out of work and in old age4 ,it was criticised by ,john ,howlett 7#agca-ahjd71 a clergyman who wrote much upon the poor-laws4 ,he attributes the growth of pauperism to the rise of prices1 and calculates that out of an increased expenditure of ,l#gjj1jjj1 ,l#bai1jjj had been raised by the rich1 and the remainder 'squeezed out of the flesh1 blood1 and bones of the poor1' ,an act for establishing ,acland's crude scheme failed next year in parliament4#ie ,the merit of the societies1 according to ,eden1 was their tendency to stimulate self-help2 and how to preserve that merit1 while making them compulsory1 was a difficult problem4 ,i have said enough to mark a critical and characteristic change of opinion4 ,one source of evil pointed out by contemporaries had been the absence of any central power which could regulate and systematise the action of the petty local bodies4 ,the very possibility of such organisation1 however1 seems to have been simply inconceivable4 ,when the local bodies became lavish instead of over-frugal1 the one remedy suggested was to abolish the system altogether4 ,,notes3 #gd ,see ,dictionary of ,national ,biography4 #ge ,works1 i4 #bee4 #gf ,see ,sir ,g4 ,nicholls's ,history of the ,poor-law1 #ahed4 ,a new edition1 with life by ,h4 ,g4 ,willink1 appeared in #ahih4 #gg ,history1 i4 #age4 #gh ,m',culloch's note to ,wealth of ,nations1 p4 #fe4 ,m',culloch in his appendix makes some sensible remarks upon the absence of any properly constituted parochial 'tribunal4' #gi ,wealth of ,nations1 bk4 i4 ch4 x4 #hj ,see passage quoted in ,eden's ,history1 i4 #cdg4 #ha ,thomas ,firmin 7#afcb-afgg71 a philanthropist1 whose ,socinianism did not exclude him from the friendship of such liberal bishops as ,tillotson and ,fowler1 started a workhouse in #afgf4 #hb ,nicholls 7#ahih71 ii4 #ad4 #hc ,ibid4 7#ahih71 ii4 #abc4 #hd ,report1 p4 #fg4 #he ,william ,hay1 for example1 carried resolutions in the ,house of ,commons in #agce1 but failed to carry a bill which had this object4 ,see ,eden's ,history1 i4 #cif4 ,cooper in #agfc proposed to make the hundred the unit4--,nicholls's ,history1 i4 #eh4 ,fielding proposes a similar change in ,london4 ,dean ,tucker speaks of the evil of the limited area in his ,manifold ,causes of the ,increase of the ,poor 7#agfj74 #hf ,nicholls1 ii4 #hh4 #hg ,parl4 ,hist4 xxxii4 #gaj4 #hh ,a full abstract is given in ,edens ,history1 iii4 ccclxiii4 etc4 #hi ,bentham observes 7,works1 viii4 #ddh7 that the cow will require the three acres to keep it4 #ij ,cobbett's ,political ,works1 vi4 #fd #ia ,i need only note here that the first edition of ,malthus's ,essay appeared in #agih1 the year after ,eden's publication4 #ib ,eden's ,history1 i4 #ehc4 #ic ,ibid4 i4 #ehg4 #id ,maseres1 an excellent ,whig1 a good mathematician1 and a respected lawyer1 is perhaps best known at present from his portrait in ,charles ,lamb's ,old ,benchers4 #ie ,it maybe noticed as an anticipation of modern schemes that in #agib ,paine proposed a system of 'old age pensions1' for which the necessary funds were to be easily obtained when universal peace had abolished all military charges4 ,see ,state ,trials1 xxv4 #age4 ,,ii4 ,,the ,,police ,the system of 'self-government' showed its weak side in this direction4 ,it meant that an important function was intrusted to small bodies1 quite incompetent of acting upon general principles1 and perfectly capable of petty jobbing1 when unrestrained by any effective supervision4 ,in another direction the same tendency was even more strikingly illustrated4 ,municipal institutions were almost at their lowest point of decay4 ,manchester and ,birmingham were two of the largest and most rapidly growing towns4 ,by the end of the century ,manchester had a population of #ij1jjj and ,birmingham of #gj1jjj4 ,both were ruled1 as far as they were ruled1 by the remnants of old manorial institutions4 ,aikin#if observes that ',manchester 7in #agie7 remains an open town2 destitute 7probably to its advantage7 of a corporation1 and unrepresented in parliament4' ,it was governed by a 'boroughreeve' and two constables elected annually at the court-leet4 ,william ,hutton1 the quaint historian of ,birmingham1 tells us in #aghc that the town was still legally a village1 with a high and low bailiff1 a 'high and low taster1' two 'affeerers1' and two 'leather-sealers1' ,in #ageb it had been provided with a 'court of requests' for the recovery of small debts1 and in #agfi with a body of commissioners to provide for lighting the town4 ,this was the system by which1 with some modifications1 ,birmingham was governed till after the ,reform ,bill4#ig ,hutton boasts#ih that no town was better governed or had fewer officers4 ',a town without a charter1' he says1 'is a town without a shackle4' ,perhaps he changed his opinions when his warehouses were burnt in #agia1 and the town was at the mercy of the mob till a regiment of 'light horse' could be called in4 ,aikin and ,hutton1 however1 reflect the general opinion at a time when the town corporations had become close and corrupt bodies1 and were chiefly 'shackles' upon the energy of active members of the community4 ,i must leave the explanation of this decay to historians4 ,i will only observe that what would need explanation would seem to be rather the absence than the presence of corruption4 ,the ,english borough was not stimulated by any pressure from a central government2 nor was it a semi-independent body in which every citizen had the strongest motives for combining to support its independence against neighbouring towns or invading nobles4 ,the lower classes were ignorant1 and probably would be rather hostile than favourable to any such modest interference with dirt and disorder as would commend themselves to the officials4 ,naturally1 power was left to the little cliques of prosperous tradesmen1 who formed close corporations1 and spent the revenues upon feasts or squandered them by corrupt practices4 ,here1 as in the poor-law1 the insufficiency of the administrative body suggests to contemporaries1 not its reform1 but its superfluity4 ,the most striking account of some of the natural results is in ,colquhoun's#ii ,treatise on the ,police of the ,metropolis4 ,patrick ,colquhoun 7#agde-ahbj71 an energetic ,scot1 was born at ,dumbarton in #agde1 had been in business at ,glasgow1 where he was provost in #aghb and #aghc1 and in #aghi settled in ,london4 ,in #agib he obtained through ,dundas an appointment to one of the new police magistracies created by an act of that year4 ,he took an active part in many schemes of social reform2 and his book gives an account of the investigations by which his schemes were suggested and justified4 ,it must be said1 however1 parenthetically1 that his statistics scarcely challenge implicit confidence4 ,like ,sinclair and ,eden1 he saw the importance of obtaining facts and figures1 but his statements are suspiciously precise and elaborate4#ajj ,the broad facts are clear enough4 ,london was1 he says1 three miles broad and twenty-five in circumference4 ,the population in #ahja was #fda1jjj4 ,it was the largest town1 and apparently the most chaotic collection of dwellings in the civilised world4 ,there were1 as ,colquhoun asserts#aja in an often-quoted passage1 #bj1jjj people in it1 who got up every morning without knowing how they would get through the day4 ,there were #ejjj public-houses1 and #ej1jjj women supported1 wholly or partly1 by prostitution4 ,the revenues raised by crime amounted1 as he calculates1 to an annual sum of1 ,l#b1jjj1jjj4 ,there were whole classes of professional thieves1 more or less organised in gangs1 which acted in support of each other4 ,there were gangs on the river1 who boarded ships at night1 or lay in wait round the warehouses4 ,the government dockyards were systematically plundered1 and the same article often sold four times over to the officials4 ,the absence of patrols gave ample chance to the highwaymen then peculiar to ,england4 ,their careers1 commemorated in the ,newgate ,calendar1 had a certain flavour of ,robin ,hood romance1 and their ranks were recruited from dissipated apprentices and tradesmen in difficulty4 ,the fields round ,london were so constantly plundered that the rent was materially lowered4 ,half the hackney coachmen1 he says1#ajb were in league with thieves4 ,the number of receiving houses for stolen goods had increased in twenty years from #cjj to #cjjj4ajc ,coining was a flourishing trade1 and according to ,colquhoun employed several thousand persons4#ajd ,gambling had taken a fresh start about #aggg and #agghaje2 and the keepers of tables had always money enough at command to make convictions almost impossible4 ,french refugees at the revolution had introduced rouge et noir2 and ,colquhoun estimates the sums yearly lost in gambling-houses at over ,l#g1jjj1jjj4 ,the gamblers might perhaps appeal not only to the practices of their betters in the days of ,fox1 but to the public lotteries4 ,colquhoun had various correspondents1 who do not venture to propose the abolition of a system which sanctioned the practice1 but who hope to diminish the facility for supplementary betting on the results of the official drawing4 ,the war had tended to increase the number of loose and desperate marauders who swarmed in the vast labyrinth of ,london streets4 ,when we consider the nature of the police by which these evils were to be checked1 and the criminal law which they administered1 the wonder is less that there were sometimes desperate riots 7as in #aghj7 than that ,london should have been ever able to resist a mob4 ,colquhoun1 though a patriotic ,briton1 has to admit that the ,french despots had at last created an efficient police4 ,the emperor1 ,joseph ,,ii41 he says1 inquired for an ,austrian criminal supposed to have escaped to ,paris4 ,you will find him1 replied the head of the ,french police1 at ,no4 #ic of such a street in ,vienna on the second-floor room looking upon such a church2 and there he was4 ,in ,england a criminal could hide himself in a herd of his like1 occasionally disturbed by the inroad of a ',bow ,street runner1' the emissary of the 'trading justices1' formerly represented by the two ,fieldings4 ,an act of #agib created seven new offices1 to one of which ,colquhoun had been appointed4 ,they had one hundred and eighty-nine paid officers under them4 ,there were also about one thousand constables4 ,these were small tradesmen or artisans upon whom the duty was imposed without remuneration for a year by their parish1 that is1 by one of seventy independent bodies4 ,a ',tyburn ticket1' given in reward for obtaining the conviction of a criminal exempted a man from the discharge of such offices1 and could be bought for from ,l#ae to ,l#be4 ,there were also two thousand watchmen receiving from #h-a_/b;d4 up to #bs4 a night4 ,these were the true successors of ,dogberry2 often infirm or aged persons appointed to keep them out of the workhouse4 ,the management of this distracted force thus depended upon a miscellaneous set of bodies2 the paid magistrates1 the officials of the city1 the justices of the peace for ,middlesex1 and the seventy independent parishes4 ,the law was as defective as the administration4 ,colquhoun represents the philanthropic impulse of the day1 and notices#ajf that in #aghg ,joseph ,,ii4 had abolished capital punishment4 ,his chief authority for more merciful methods is ,beccaria2 and it is worth remarking1 for reasons which will appear hereafter1 that he does not in this connection refer to ,bentham1 although he speaks enthusiastically#ajg of ,bentham's model prison1 the ,panopticon4 ,colquhoun shows how strangely the severity of the law was combined with its extreme capaciousness4 ,he quotes ,bacon#ajh for the statement that the law was a 'heterogeneous mass concocted too often on the spur of the moment1' and gives sufficient proofs of its truth4 ,he desires1 for example1 a law to punish receivers of stolen goods1 and says that there were excellent laws in existence4 ,unfortunately one law applied exclusively to the case of pewter-pots1 and another exclusively to the precious metals2 neither could be used as against receivers of horses or bank notes4#aji ,so a man indicted under an act against stealing from ships on navigable rivers escaped1 because the barge from which he stole happened to be aground4 ,gangs could afford to corrupt witnesses or to pay knavish lawyers skilled in applying these vagaries of legislation4 ,juries also disliked convicting when the penalty for coining sixpence was the same as the penalty for killing a mother4 ,it followed1 as he shows by statistics1 that half the persons committed for trial escaped by petty chicanery or corruption1 or the reluctance of juries to convict for capital offences4 ,only about one-fifth of the capital sentences were executed2 and many were pardoned on condition of enlisting to improve the morals of the army4 ,the criminals1 who were neither hanged nor allowed to escape1 were sent to prisons1 which were schools of vice4 ,after the independence of the ,american colonies1 the system of transportation to ,australia had begun 7in #aghg72 but the expense was enormous1 and prisoners were huddled together in the hulks at ,woolwich and ,portsmouth1 which had been used as a temporary expedient4 ,thence they were constantly discharged1 to return to their old practices4 ,a man1 says ,colquhoun1#aaj would deserve a statue who should carry out a plan for helping discharged prisoners4 ,to meet these evils1 ,colquhoun proposes various remedies1 such as a metropolitan police1 a public prosecutor1 or even a codification or revision of the ,criminal ,code1 which he sees is likely to be delayed4 ,he also suggested1 in a pamphlet of #agii1 a kind of charity organisation society to prevent the waste of funds4 ,many other pamphlets of similar tendencies show his active zeal in promoting various reforms4 ,colquhoun was in close correspondence with ,bentham from the year #agih1aaa and ,bentham helped him by drawing the ,thames ,police ,act1 passed in #ahjj1 to give effect to some of the suggestions in the ,treatise4#aab ,another set of abuses has a special connection with ,bentham's activity4 ,bentham had been led in #aggh to attend to the prison question by reading ,howard's book on ,prisons2 and he refers to the 'venerable friend who had lived an apostle and died a martyr4'#aac ,the career of ,john ,howard 7#agbf-agij7 is familiar4 ,the son of a ,london tradesman1 he had inherited an estate in ,bedfordshire4 ,there he erected model cottages and village schools2 and1 on becoming sheriff of the county in #aggc1 was led to attend to abuses in the prisons4 ,two acts of parliament were passed in #aggd to remedy some of the evils exposed1 and he pursued the inquiry at home and abroad4 ,his results are given in his ,state of the ,prisons in ,england and ,wales 7#aggi1 fourth edition1 #agib71 and his ,account of the ,principal ,lazarettos in ,europe 7#aghi74 ,the prisoners1 he says1 had little food1 sometimes a penny loaf a day1 and sometimes nothing2 no water1 no fresh air1 no sewers1 and no bedding4 ,the stench was appalling1 and gaol fever killed more than died on the gallows4 ,debtors and felons1 men1 women and children1 were huddled together2 often with lunatics1 who were shown by the gaolers for money4 ',garnish' was extorted2 the gaolers kept drinking-taps2 gambling flourished3 and prisoners were often cruelly ironed1 and kept for long periods before trial4 ,at ,hull the assizes had only been held once in seven years1 and afterwards once in three4 ,it is a comfort to find that the whole number of prisoners in ,england and ,wales amounted1 in #aghj1 to about #ddjj1 #bjgh of whom were debtors1 #gih felons1 and #iag petty offenders4 ,an act passed in #aggi provided for the erection of two penitentiaries4 ,howard was to be a supervisor4 ,the failure to carry out this act led1 as we shall see1 to one of ,bentham's most characteristic undertakings4 ,one peculiarity must be noted4 ,howard found prisons on the continent where the treatment was bad and torture still occasionally practised2 but he nowhere found things so bad as in ,england4 ,in ,holland the prisons were so neat and clean as to make it difficult to believe that they were prisons3 and they were used as models for the legislation of #aggi4 ,one cause of this unenviable distinction of ,english prisons had been indicated by an earlier investigation4 ,general ,oglethorpe 7#afif-aghe7 had been started in his philanthropic career by obtaining a committee of the ,house of ,commons in #agbi to inquire into the state of the gaols4 ,the foundation of the colony of ,georgia as an outlet for the population was one result of the inquiry4 ,it led1 in the first place1 however1 to a trial of persons accused of atrocious cruelties at the ,fleet prison4#aad ,the trial was abortive4 ,it appeared in the course of the proceedings that the ,fleet prison was a 'freehold1' ,a patent for rebuilding it had been granted to ,sir ,jeremy ,whichcot under ,charles ,,ii41 and had been sold to one ,higgins1 who resold it to other persons for ,l#ejjj4 ,the proprietors made their investment pay by cruel ill-treatment of the prisoners1 oppressing the poor and letting off parts of the prison to dealers in drink4 ,this was the general plan in the prisons examined by ,howard1 and helps to account for the gross abuses4 ,it is one more application of the general system4 ,as the patron was owner of a living1 and the officer of his commission1 the keeper of a prison was owner of his establishment4 ,the paralysis of administration which prevailed throughout the country made it natural to farm out paupers to the master of a workhouse1 and prisoners to the proprietor of a gaol4 ,the state of prisoners may be inferred not only from ,howard's authentic record but from the fictions of ,fielding1 ,smollett and ,goldsmith2 and the last echoes of the same complaints may be found in ,pickwick and ,little ,dorrit4 ,the ,marshalsea described in the last was also a proprietary concern4 ,we shall hereafter see how ,bentham proposed to treat the evils revealed by ,oglethorpe and ,howard4 ,,notes3 #if ,aikin's ,country ,round ,manchester4 #ig ,bunce's ,history of the ,corporation of ,birmingham 7#ahgh74 #ih ,history of ,birmingham 7#bnd edition71 p4 #cbg4 #ii ,the first edition1 #agie1 the sixth1 from which ,i quote1 in #ahjj4 ,in ,benthams ,works1 x4 #ccj1 it is said that in #agih1 #gejj copies of this book had been sold4 #ajj ,in #ahad ,colquhoun published an elaborate account of the ,resources of the ,british ,empire1 showing similar qualities4 #aja ,police1 p4 #caj4 #ajb ,police1 p4 #aje4 #ajc ,ibid4 p4 #ac4 #ajd ,ibid4 p4 #baa4 #aje ,ibid4 p4 #acf4 #ajf ,police1 p4 #fj4 #ajg ,ibid4 p4 #dha4 #ajh ,ibid4 p4 #g4 #aji ,ibid4 p4 #bih4 #aaj ,police1 p4 #ii4 #aaa ,bentham's ,works1 x4 #cbi seq4 #aab ,ibid4 v4 #cce4 #aac ,bentham's ,works1 iv4 #c1 #aba4 #aad ,cobbett's ,state ,trials1 xvii4 #big-fbf4 ,,iii4 ,,education ,another topic treated by ,colquhoun marks the initial stage of controversies which were soon to grow warm4 ,colquhoun boasts of the number of charities for which ,london was already conspicuous4 ,a growing facility for forming associations of all kinds1 political1 religious1 scientific1 and charitable1 is an obvious characteristic of modern progress4 ,where in earlier times a college or a hospital had to be endowed by a founder and invested by charter with corporate personality1 it is now necessary only to call a meeting1 form a committee1 and appeal for subscriptions4 ,societies of various kinds had sprung up during the century4 ,artists1 men of science1 agriculturists1 and men of literary tastes1 had founded innumerable academies and 'philosophical institutes4' ,the great ,london hospitals1 dependent upon voluntary subscriptions1 had been founded during the first half of the century4 ,colquhoun counts the annual revenue of various charitable institutions at ,l#dde1jjj1 besides which the endowments produced ,l#aej1jjj1 and the poor-rates ,l#bee1jjj4aae ,among these a considerable number were intended to promote education4 ,here1 as in some other cases1 it seems that people at the end of the century were often taking up an impulse given a century before4 ,so the ,society for promoting ,christian ,knowledge1 founded in #afii1 and the ,society for the ,propagation of the ,gospel1 founded in #agja1 were supplemented by the ,church ,missionary ,society and the ,religious ,tract ,society1 both founded in #agii4 ,the societies for the reformation of manners1 prevalent at the end of the seventeenth century1 were taken as a model by ,wilberforce and his friends at the end of the eighteenth4#aaf ,in the same way1 the first attempts at providing a general education for the poor had been made by ,archbishop ,tenison1 who founded a parochial school about #afhj in order 'to check the growth of popery4' ,charity schools became common during the early part of the eighteenth century and received various endowments4 ,they were attacked as tending to teach the poor too much--a very needless alarm--and also by free thinkers1 such as ,mandeville1 as intended outworks of the established church4 ,this last objection was a foretaste of the bitter religious controversies which were to accompany the growth of an educational system4 ,colquhoun says that there were #fb endowed schools in ,london1 from ,christ's ,hospital downwards1 educating about #ejjj children2 #bcg parish schools with about #ijjj children1 and #cgcj 'private schools4' ,the teaching was1 of course1 very imperfect1 and in a report of a committee of the ,house of ,commons in #ahah1 it is calculated that about half the children in a large district were entirely uneducated4 ,there was1 of course1 nothing in ,england deserving the name of a system in educational more than in any other matters4 ,the grammar schools throughout the country provided more or less for the classes which could not aspire to the public schools and universities4 ,about a third of the boys at ,christ's ,hospital were1 as ,coleridge tells us1 sons of clergymen4#aag ,the children of the poor were either not educated1 or picked up their letters at some charity school or such a country dame's school as is described by ,shenstone4 ,a curious proof1 however1 of rising interest in the question is given by the ,sunday ,schools movement at the end of the century4 ,robert ,raikes 7#agce-ahaa71 a printer in ,gloucester and proprietor of a newspaper1 joined with a clergyman to set up a school in #aghj at a total cost of #as4 #f;d4 a week4 ,within three or four years the plan was taken up everywhere1 and the worthy ,raikes1 whose newspaper had spread the news1 found himself revered as a great pioneer of philanthropy4 ,wesley took up the scheme warmly2 bishops condescended to approve2 the king and queen were interested1 and within three or four years the number of learners was reckoned at two or three hundred thousand4 ,a ,sunday ,school ,association was formed in #aghe with well known men of business at its head4 ,queen ,charlotte's friend1 ,mrs4 ,trimmer 7#agda-ahaj71 took up the work near ,london1 and ,hannah ,more 7#agde-ahcc7 in ,somersetshire4 ,hannah ,more gives a strange account of the utter absence of any civilising agencies in the district around ,cheddar where she and her sisters laboured4 ,she was accused of 'methodism' and a leaning to ,jacobinism1 although her views were of the most moderate kind4 ,she wished the poor to be able to read their ,bibles and to be qualified for domestic duties1 but not to write or to be enabled to read ,tom ,paine or be encouraged to rise above their position4 ,the literary light of the ,whigs1 ,dr4 ,parr 7#agdg-ahbe71 showed his liberality by arguing that the poor ought to be taught1 but admitted that the enterprise had its limits4 ,the ',deity ,himself had fixed a great gulph between them and the poor4' ,a scanty instruction given on ,sundays alone was not calculated to facilitate the passage of that gulf4 ,by the end of the century1 however1 signs of a more systematic movement were showing themselves4 ,bell and ,lancaster1 of whom ,i shall have to speak1 were rival claimants for the honour of initiating a new departure in education4 ,the controversy which afterwards raged between the supporters of the two systems marked a complete revolution of opinion4 ,meanwhile1 although the need of schools was beginning to be felt1 the appliances for education in ,england were a striking instance of the general inefficiency in every department which needed combined action4 ,in ,scotland the system of parish schools was one obvious cause of the success of so many of the ,scotsmen which excited the jealousy of southern competitors4 ,even in ,ireland there appears to have been a more efficient set of schools4 ,and yet1 one remark must be suggested4 ,there is probably no period in ,english history at which a greater number of poor men have risen to distinction4 ,the greatest beyond comparison of self-taught poets was ,burns 7#agei-agif74 ,the political writer who was at the time producing the most marked effect was ,thomas ,paine 7#agcg-ahji71 son of a small tradesman4 ,his successor in influence was ,william ,cobbett 7#agfb-ahce71 son of an agricultural labourer1 and one of the pithiest of all ,english writers4 ,william ,gifford 7#agef-ahbf71 son of a small tradesman in ,devonshire1 was already known as a satirist and was to lead ,conservatives as editor of the ,the ,quarterly ,review4 ,john ,dalton 7#agff-ahdb71 son of a poor weaver1 was one of the most distinguished men of science4 ,porson 7#agei-ahjh71 the greatest ,greek scholar of his time1 was son of a ,norfolk parish clerk1 though sagacious patrons had sent him to ,eton in his fifteenth year4 ,the ,oxford professor of ,arabic1 ,joseph ,white 7#agdf-ahad71 was son of a poor weaver in the country and a man of reputation for learning1 although now remembered only for a rather disreputable literary squabble4 ,robert ,owen and ,joseph ,lancaster1 both sprung from the ranks1 were leaders in social movements4 ,i have already spoken of such men as ,watt1 ,telford1 and ,rennie2 and smaller names might be added in literature1 science1 and art4 ,the individualist virtue of 'self-help' was not confined to successful money-making or to the wealthier classes4 ,one cause of the literary excellence of ,burns1 ,paine1 and ,cobbett may be that1 when literature was less centralised1 a writer was less tempted to desert his natural dialect4 ,i mention the fact1 however1 merely to suggest that1 whatever were then the difficulties of getting such schooling as is now common1 an energetic lad even in the most neglected regions might force his way to the front4 ,,notes3 #aae ,police1 p4 #cdj4 #aaf ,wilberforce started on this plan a 'society for enforcing the king's proclamation' in #aghf1 which was supplemented by the society for 'the ,suppression of ,vice' in #ahjb4 ,i don't suppose that vice was much suppressed4 ,sydney ,smith ridiculed its performances in the ,edinburgh for #ahji4 ,the article is in his works4 ,a more interesting society was that for 'bettering the condition of the poor1' started by ,sir ,thomas ,bernard and ,wilberforce in #agif4 #aag ,biographia ,literaria 7#ahdg71 ii4 #cbg4 ,,iv4 ,,the ,,slave-,,trade ,i have thus noticed the most conspicuous of the contemporary problems which1 as we shall see1 provided the main tasks of ,bentham and his followers4 ,one other topic must be mentioned as in more ways than one characteristic of the spirit of the time4 ,the parliamentary attack upon the slave-trade began just before the outbreak of the revolution4 ,it is generally described as an almost sudden awakening of the national conscience4 ,that it appealed to that faculty is undeniable1 and1 moreover1 it is at least a remarkable instance of legislative action upon purely moral grounds4 ,it is true that in this case the conscience was the less impeded because it was roused chiefly by the sins of men's neighbours4 ,the slave-trading class was a comparative excrescence4 ,their trade could be attacked without such widespread interference with the social order as was implied1 for example1 in remedying the grievances of paupers or of children in factories4 ,the conflict with morality1 again1 was so plain as to need no demonstration4 ,it seems to be a questionable logic which assumes the merit of a reformer to be in proportion to the flagrancy of the evil assailed4 ,the more obvious the case1 surely the less the virtue needed in the assailant4 ,however this may be1 no one can deny the moral excellence of such men as ,wilberforce and ,clarkson1 nor the real change in the moral standard implied by the success of their agitation4 ,but another question remains1 which is indicated by a later controversy4 ,the followers of ,wilberforce and of ,clarkson were jealous of each other4 ,each party tried to claim the chief merit for its hero4 ,each was1 ,i think1 unjust to the other4 ,the underlying motive was the desire to obtain credit for the ',evangelicals' or their rivals as the originators of a great movement4 ,without touching the personal details it is necessary to say something of the general sentiments implied4 ,in his history of the agitation1#aah ,clarkson gives a quaint chart1 showing how the impulse spread from various centres till it converged upon a single area1 and his facts are significant4 ,that a great change had taken place is undeniable4 ,protestant ,england had bargained with ,catholic ,spain in the middle of the century for the right of supplying slaves to ,america1 while at the peace of #ahad ,english statesmen were endeavouring to secure a combination of all civilised powers against the trade4 ,smollett1 in #agdh1 makes the fortune of his hero1 ,roderick ,random1 by placing him as mate of a slave-ship under the ideal sailor1 ,bowling4 ,about the same time ,john ,newton 7#agbe-ahjg71 afterwards the venerated teacher of ,cowper and the ,evangelicals1 was in command of a slaver1 and enjoying 'sweeter and more frequent hours of divine communion' than he had elsewhere known4 ,he had no scruples1 though he had the grace to pray 'to be fixed in a more humane calling4' ,in later years he gave the benefit of his experience to the abolitionists4#aai ,a new sentiment1 however1 was already showing itself4 ,clarkson collects various instances4 ,southern's ,oroonoco1 founded on a story by ,mrs4 ,behn1 and ,steele's story of ,inkle and ,yarico in an early ,spectator1 ,pope's poor ,indian in the ,essay on ,man1 and allusions by ,thomson1 ,shenstone1 and ,savage1 show that poets and novelists could occasionally turn the theme to account4 ,hutcheson1 the moralist1 incidentally condemns slavery2 and divines such as ,bishops ,hayter and ,warburton took the same view in sermons before the ,society for the ,propagation of ,christian ,knowledge4 ,johnson1 'last of the ,tories' though he was1 had a righteous hatred for the system4#abj ,he toasted the next insurrection of negroes in the ,west ,indies1 and asked why we always heard the 'loudest yelps for liberty among the drivers of negroes'8 ,thomas ,day 7#agdh-aghi71 as an ardent follower of ,rousseau1 wrote the ,dying ,negro in #aggc1 and1 in the same spirit1 denounced the inconsistencies of slave-holding champions of ,american liberty4 ,such isolated utterances showed a spreading sentiment4 ,the honour of the first victory in the practical application must be given to ,granville ,sharp#aba 7#agce-ahac71 one of the most charming and1 in the best sense1 ',quixotic' of men4 ,in #aggb his exertions had led to the famous decision by ,lord ,mansfield in the case of the negro ,somerset4#abb ,sharp in #aghg became chairman of the committee formed to attack the slave-trade by collecting the evidence of which ,wilberforce made use in parliament4 ,the committee was chiefly composed of ,quakers2 as indeed1 ,quakers are pretty sure to be found in every philanthropic movement of the period4 ,i must leave the explanation to the historian of religious movements2 but the fact is characteristic4 ,the ,quakers had taken the lead in ,america4 ,the ,quaker was both practical and a mystic4 ,his principles put him outside of the ordinary political interests1 and of the military world4 ,he directed his activities to helping the poor1 the prisoner1 and the oppressed4 ,among the ,quakers of the eighteenth century were ,john ,woolman 7#agbj-aggb71 a writer beloved by the congenial ,charles ,lamb and ,antoine ,benezet 7#agac-aghd71 born in ,france1 and son of a ,french refugee who settled in ,philadelphia4 ,when ,clarkson wrote the prize essay upon the slave-trade 7#aghe71 which started his career1 it was from ,benezet's writings that he obtained his information4 ,by their influence the ,pennsylvanian ,quakers were gradually led to pronounce against slavery#abc2 and the first anti-slavery society was founded in ,philadelphia in #agge1 the year in which the skirmish at ,lexington began the war of independence4 ,that suggests another influence4 ,the ,rationalists of the eighteenth century were never tired of praising the ,quakers4 ,the ,quakers were1 by their essential principles1 in favour of absolute toleration1 and their attitude towards dogma was not dissimilar4 ',rationalisation' and ',spiritualisation' are in some directions similar4 ,the general spread of philanthropic sentiment1 which found its formula in the ,rights of ,man1 fell in with the ,quaker hatred of war and slavery4 ,voltaire heartily admires ,barclay1 the ,quaker apologist4 ,it is1 therefore1 not surprising to find the names of the deists1 ,franklin and ,paine1 associated with ,quakers in this movement4 ,franklin was an early president of the new association1 and ,paine wrote an article to support the early agitation4#abd ,paine himself was a ,quaker by birth1 who had dropped his early creed while retaining a respect for its adherents4 ,when the agitation began it was in fact generally approved by all except the slave-traders4 ,sound ,whig divines1 ,watson and ,paley and ,parr2 ,unitarians such as ,priestley and ,gilbert ,wakefield and ,william ,smith2 and the great methodist1 ,john ,wesley1 were united on this point4 ,fox and ,burke and ,pitt rivalled each other in condemning the system4 ,the actual delay was caused partly by the strength of the commercial interests in parliament1 and partly by the growth of the anti-,jacobin sentiment4 ,the attempt to monopolise the credit of the movement by any particular sect is absurd4 ,wilberforce and his friends might fairly claim the glory of having been worthy representatives of a new spirit of philanthropy2 but most certainly they did not create or originate it4 ,the general growth of that spirit throughout the century must be explained1 so far as 'explanation' is possible1 by wider causes4 ,it was1 as ,i must venture to assume1 a product of complex social changes which were bringing classes and nations into closer contact1 binding them together by new ties1 and breaking up the old institutions which had been formed under obsolete conditions4 ,the true moving forces were the same whether these representatives announced the new gospel of the 'rights of man'2 or appealed to the traditional rights of ,englishmen2 or rallied supporters of the old order so far as it still provided the most efficient machinery for the purpose4 ,the revival of religion under ,wesley and the ,evangelicals meant the direction of the stream into one channel4 ,the paralytic condition of the ,church of ,england disqualified it for appropriating the new energy4 ,the men who directed the movements were mainly stimulated by moral indignation at the gross abuses1 and the indolence of the established priesthood naturally gave them an anti-sacerdotal turn4 ,they simply accepted the old ,protestant tradition4 ,they took no interest in the intellectual questions involved4 ,rationalism1 according to them1 meant simply an attack upon the traditional sanctions of morality2 and it scarcely occurred to them to ask for any philosophical foundation of their creed4 ,wilberforce's book1 ,a ,practical ,view1 attained an immense popularity1 and is characteristic of the position4 ,wilberforce turns over the infidel to be confuted by ,paley1 whom he takes to be a conclusive reasoner4 ,for himself he is content to show what needed little proof1 that the so-called ,christians of the day could act as if they had never heard of the ,new ,testament4 ,the ,evangelical movement had in short no distinct relation to speculative movements4 ,it took the old tradition for granted1 and it need not here be further considered4 ,one other remark is suggested by the agitation against the slave-trade4 ,it set a precedent for agitation of a kind afterwards familiar4 ,the committee appealed to the country1 and got up petitions4 ,sound ,tories complained of them in the early slave-trade debates1 as attempts to dictate to parliament by democratic methods4 ,political agitators had formed associations1 and found a convenient instrument in the 'county meetings1' which seems to have possessed a kind of indefinite legal character4#abe ,such associations of course depend for the great part of their influence upon the press4 ,the circulation of literature was one great object4 ,paine's ,rights of ,man was distributed by the revolutionary party1 and ,hannah ,more wrote popular tracts to persuade the poor that they had no grievances4 ,it is said that two millions of her little tracts1 ',village ,politics by ,will ,chip1' the ',shepherd of ,salisbury ,plain1' and so forth were circulated4 ,the demand1 indeed1 showed rather the eagerness of the rich to get them read than the eagerness of the poor to read them4 ,they failed to destroy ,paine's influence1 but they were successful enough to lead to the foundation of the ,religious ,tract ,society4 ,the attempt to influence the poor by cheap literature shows that these opinions were beginning to demand consideration4 ,cobbett and many others were soon to use the new weapon4 ,meanwhile the newspapers circulated among the higher ranks were passing through a new phase1 which must be noted4 ,the great newspapers were gaining power4 ,the ,morning ,chronicle was started by ,woodfall in #agfi1 the ,morning ,post and ,morning ,herald by ,dudley ,bate in #aggb and #aghj1 and the ,times by ,walter in #aghh4 ,the modern editor was to appear during the war4 ,stoddart and ,barnes of the ,times1 ,perry and ,black of the ,morning ,chronicle1 were to become important politically4 ,the revolutionary period marks the transition from the old-fashioned newspaper1 carried on by a publisher and an author1 to the modern newspaper1 which represents a kind of separate organism1 elaborately 'differentiated' and worked by a whole army of co-operating editors1 correspondents1 reporters1 and contributors4 ,finally1 one remark may be made4 ,the literary class in ,england was not generally opposed to the governing classes4 ,the tone of ,johnson's whole circle was conservative4 ,in fact1 since ,harley's time1 government had felt the need of support in the press1 and politicians on both sides had their regular organs4 ,the opposition might at any time become the government2 and their supporters in the press1 poor men who were only too dependent1 had no motive for going beyond the doctrines of their principals4 ,they might be bought by opponents1 or they might be faithful to a patron4 ,they did not form a band of outcasts1 whose hand would be against every one4 ,the libel law was severe enough1 but there had been no licensing system since the early days of ,william and ,mary4 ,a man could publish what he chose at his own peril4 ,when the current of popular feeling was anti-revolutionary1 government might obtain a conviction1 but even in the worst times there was a chance that juries might be restive4 ,editors had at times to go to prison1 but even then the paper was not suppressed4 ,cobbett1 for example1 continued to publish his ,registrar during an imprisonment of two years 7#ahaj-ab74 ,editors had very serious anxieties1 but they could express with freedom any opinion which had the support of a party4 ,english liberty was so far a reality that a very free discussion of the political problems of the day was permitted and practised4 ,the ,english author1 therefore1 as such1 had not the bitterness of a ,french man of letters1 unless1 indeed1 he had the misfortune to be an uncompromising revolutionist4 ,,notes3 #aah ,history of the ,rise1 ,progress1 and ,accomplishment of the ,abolition of the ,slave-trade by the ,british ,parliament 7#ahjh74 ,second enlarged edition #ahci4 ,the chart was one cause of the offence taken by ,wilberforce's sons4 #aai ,cf4 ,sir ,j4 ,stephen's ,ecclesiastical ,biography 7,the ,evangelical ,succession74 #abj ,see passages collected in ,birkbeck ,hill's ,boswell1 ii4 #dgh-hj1 and cf4 iii4 #bjj-bjd4 ,boswell was attracted by ,clarkson1 but finally made up his mind that the abolition of the slave-trade would 'shut the gates of mercy on mankind4' #aba ,see the account of ,g4 ,sharp in ,sir ,j4 ,stephen's ,ecclesiastical ,biography 7,clapham ,sect74 #abb ,cobbett's ,state ,trials1 xx4 #a-hb4 #abc ,the ,society determined in #agfj 'to disown' any ,friend concerned in the slave-trade4 #abd ,mr4 ,conway1 in his ,life of ,paine1 attributes1 ,i think1 a little more to his hero than is consistent with due regard to his predecessors2 but1 in any case1 he took an early part in the movement4 #abe ,see upon this subject ,mr4 ,jephson's interesting book on ,the ,platform4 ,v4 ,,the ,,french ,,revolution ,the ,english society which ,i have endeavoured to characterise was now to be thrown into the vortex of the revolutionary wars4 ,the surpassing dramatic interest of the ,french ,revolution has tended to obscure our perception of the continuity of even ,english history4 ,it has been easy to ascribe to the contagion of ,french example political movements which were already beginning in ,england and which were modified rather than materially altered by our share in the great ,european convulsion4 ,the impression made upon ,englishmen by the ,french ,revolution is1 however1 in the highest degree characteristic4 ,the most vehement sympathies and antipathies were aroused1 and showed at least what principles were congenial to the various ,english parties4 ,to praise or blame the revolution1 as if it could be called simply good or bad1 is for the historian as absurd as to praise or blame an earthquake4 ,it was simply inevitable under the conditions4 ,we may1 of course1 take it as an essential stage in a social evolution1 which if described as progress is therefore to be blessed1 or if as degeneration may provoke lamentation4 ,we may1 if we please1 ask whether superior statesmanship might have attained the good results without the violent catastrophes1 or whether a wise and good man who could appreciate the real position would have approved or condemned the actual policy4 ,but to answer such problems with any confidence would imply a claim to a quasi-omniscience4 ,partisans at the time1 however1 answered them without hesitation1 and saw in the ,revolution the dawn of a new era of reason and justice1 or the outburst of the fires of hell4 ,their view is at any rate indicative of their own position4 ,the extreme opinions need no exposition4 ,they are represented by the controversy between ,burke and ,paine4 ,the general doctrine of the ',rights of ,men'--that all men are by nature free and equal--covered at least the doctrine that the inequality and despotism of the existing order was hateful1 and people with a taste for abstract principles accepted this short cut to political wisdom4 ,the 'minor' premise being obviously true1 they took the major for granted4 ,to ,burke1 who idealised the traditional element in the ,british ,constitution1 and so attached an excessive importance to historical continuity1 the new doctrine seemed to imply the breaking up of the very foundations of order and the pulverisation of society4 ,burke and ,paine both assumed too easily that the dogmas which they defended expressed the real and ultimate beliefs1 and that the belief was the cause1 not the consequence1 of the political condition4 ,without touching upon the logic of either position1 ,i may notice how the problem presented itself to the average ,english politician whose position implied acceptance of traditional compromises and who yet prided himself on possessing the liberties which were now being claimed by ,frenchmen4 ,the ,whig could heartily sympathise with the ,french ,revolution so long as it appeared to be an attempt to assimilate ,british principles4 ,when ,fox hailed the fall of the ,bastille as the greatest and best event that had ever happened1 he was expressing a generous enthusiasm shared by all the ardent and enlightened youth of the time4 ,the ,french1 it seemed1 were abolishing an arbitrary despotism and adopting the principles of ,magna ,charta and the ',habeas ,corpus' ,act4 ,difficulties1 however1 already suggested themselves to the true ,whig4 ,would the ,french1 as ,young asked just after the same event1 'copy the constitution of ,england1 freed from its faults1 or attempt1 from theory1 to frame something absolutely speculative'8#abf ,on that issue depended the future of the country4 ,it was soon decided in the sense opposed to ,young's wishes4 ,the reign of terror alienated the average ,whig4 ,but though the argument from atrocities is the popular one1 the opposition was really more fundamental4 ,burke put the case1 savagely and coarsely enough1 in his ',letter to a noble ,lord4' ,how would the duke of ,bedford like to be treated as the revolutionists were treating the nobility in ,france8 ,the duke might be a sincere lover of political liberty1 but he certainly would not be prepared to approve the confiscation of his estates4 ,the aristocratic ,whigs1 dependent for their whole property and for every privilege which they prized upon ancient tradition and prescription1 could not really be in favour of sweeping away the whole complex social structure1 levelling ,windsor ,castle as ,burke put it in his famous metaphor1 and making a ',bedford level' of the whole country4 ,the ,whigs had to disavow any approval of the ,jacobins2 ,mackintosh1 who had given his answer to ,burke's diatribes1 met ,burke himself on friendly terms 7#ith ,july #agig71 and in #ahjj took an opportunity of public recantation4 ,he only expressed the natural awakening of the genuine ,whig to the aspects of the case which he had hitherto ignored4 ,the effect upon the middle-class ,whigs is1 however1 more to my purpose4 ,it may be illustrated by the history of ,john ,horne ,tooke#abg 7#agcf-ahab71 who at this time represented what may be called the home-bred ,british radicalism4 ,he was the son of a ,london tradesman1 who had distinguished himself by establishing1 and afterwards declining to enforce1 certain legal rights against ,frederick ,prince of ,wales4 ,the prince recognised the tradesman's generosity by making his antagonist purveyor to his household4 ,a debt of some thousand pounds was thus run up before the prince's death which was never discharged4 ,possibly the son's hostility to the royal family was edged by this circumstance4 ,john ,horne1 forced to take orders in order to hold a living1 soon showed himself to have been intended by nature for the law4 ,he took up the cause of ,wilkes in the early part of the reign2 defended him energetically in later years2 and in #agfi helped to start the ',society for supporting the ,bill of ,rights4' ,he then attacked ,wilkes1 who1 as he maintained1 misapplied for his own private use the funds subscribed for public purposes to this society2 and set up a rival ',constitutional ,society4' ,in #agge1 as spokesman of this body1 he denounced the 'king's troops' for 'inhumanly murdering' their fellow-subjects at ,lexington for the sole crime of 'preferring death to slavery4' ,he was imprisoned for the libel1 and thus became a martyr to the cause4 ,when the country associations were formed in #aghj to protest against the abuses revealed by the war1 ,horne became a member of the ',society for ,constitutional ,information1' of which ,major ,cartwright--afterwards the revered1 but rather tiresome1 patriarch of the ,radicals--was called the 'father4' ,horne ,tooke 7as he was now named71 by these and other exhibitions of boundless pugnacity1 became a leader among the middle-class ,whigs1 who found their main support among ,london citizens1 such as ,beckford1 ,troutbeck and ,oliver2 supported them in his later days2 and after the ,american war1 preferred ,pitt1 as an advocate of parliamentary reform1 to ,fox1 the favourite of the aristocratic ,whigs4 ,he denounced the ,fox coalition ministry1 and in later years opposed ,fox at ,westminster4 ,the ',society for ,constitutional ,information' was still extant in the revolutionary period1 and ,tooke1 a bluff1 jovial companion1 who had by this time got rid of his clerical character1 often took the chair at the taverns where they met to talk sound politics over their port4 ,the revolution infused new spirit into politics4 ,in ,march #agiaabh ,tooke's society passed a vote of thanks to ,paine for the first part of his ,rights of ,man4 ,next year ,thomas ,hardy1 a radical shoemaker1 started a ',corresponding ,society4' ,others sprang up throughout the country1 especially in the manufacturing towns4#abi ,these societies took ,paine for their oracle1 and circulated his writings as their manifesto4 ,they communicated occasionally with ,horne ,tooke's society1 which more or less sympathised with them4 ,the ,whigs of the upper sphere started the ',friends of the ,people' in ,april #agib1 in order to direct the discontent into safer channels4 ,grey1 ,sheridan and ,erskine were members2 ,fox sympathised but declined to join2 ,mackintosh was secretary2 and ,sir ,philip ,francis drew up the opening address1 citing the authority of ,pitt and ,blackstone1 and declaring that the society wished 'not to change but to restore4'#acj ,it remonstrated cautiously with the other societies1 and only excited their distrust4 ,grey1 as its representative1 made a motion for parliamentary reform which was rejected 7,may #agic7 by two hundred and eighty-two to forty-one4 ,later motions in ,may #agig and ,april #ahjj showed that1 for the present1 parliamentary reform was out of the question4 ,meanwhile the ,english ,jacobins got up a 'convention' which met at ,edinburgh at the end of #agic4 ,the very name was alarming3 the leaders were tried and transported2 the cruelty of the sentences and the severity of the judges1 especially ,braxfield1 shocked such men as ,parr and ,jeffrey1 and unsuccessful appeals for mercy were made in parliament4 ,the ,habeas ,corpus ,act was suspended in #agid3 ,horne ,tooke and ,hardy were both arrested and tried for high treason in ,november4 ,an ,english jury fortunately showed itself less subservient than the ,scottish2 the judge was scrupulously fair3 and both ,hardy and ,horne ,tooke were acquitted4 ,the societies1 however1 though they were encouraged for a time1 were attacked by severe measures passed by ,pitt in #agie4 ,the ',friends of the ,people' ceased to exist ,the seizure of the committee of the ,corresponding ,societies in #agih put an end to their activity4 ,a report presented to parliament in #agiiaca declares that the societies had gone to dangerous lengths3 they had communicated with the ,french revolutionists and with the ',united ,irishmen' 7founded #agia72 and societies of ',united ,englishmen' and ',united ,scotsmen' had had some concern in the mutinies of the fleet in #agig and in the ,irish rebellion of #agih4 ,place says1 probably with truth1 that the danger was much exaggerated3 but in any case1 an act for the suppression of the ,corresponding ,societies was passed in #agii1 and put an end to the movement4 ,this summary is significant of the state of opinion4 ,the genuine old-fashioned ,whig dreaded revolution1 and guarded himself carefully against any appearance of complicity4 ,jacobinism1 on the other hand1 was always an exotic4 ,such men as the leading ,nonconformists ,priestley and ,price were familiar with the speculative movement on the continent1 and sympathised with the enlightenment4 ,young men of genius1 like ,wordsworth and ,coleridge1 imbibed the same doctrines more or less thoroughly1 and took ,godwin for their ,english representative4 ,the same creed was accepted by the artisans in the growing towns1 from whom the ,corresponding ,societies drew their recruits4 ,but the revolutionary sentiment was not so widely spread as its adherents hoped or its enemies feared4 ,the ,birmingham mob of #agia acted1 with a certain unconscious humour1 on the side of church and king4 ,they had perhaps an instinctive perception that it was an advantage to plunder on the side of the constable4 ,in fact1 however1 the general feeling in all classes was anti-,jacobin4 ,place1 an excellent witness1 himself a member of the ,corresponding ,societies1 declares that the repressive measures were generally popular even among the workmen4#acb ,they were certainly not penetrated with revolutionary fervour4 ,had it been otherwise1 the repressive measures1 severe as they were1 would have stimulated rather than suppressed the societies1 and1 instead of silencing the revolutionists1 have provoked a rising4 ,at the early period the ,jacobin and the home-bred ,radical might combine against government4 ,a manifesto of the ,corresponding ,societies begins by declaring that 'all men are by nature free and equal and independent of each other1' and argues also that these are the 'original principles of ,english government4'#acc ,magna ,charta is an early expression of the ,declaration of ,rights1 and thus pure reason confirms ,british tradition4 ,the adoption of a common platform1 however1 covered a profound difference of sentiment4 ,horne ,tooke represents the old type of reformer4 ,he was fully resolved not to be carried away by the enthusiasm of his allies4 ',my companions in a stage1' he said to ,cartwright1 'may be going to ,windsor3 ,i will go with them to ,hounslow4 ,but there ,i will get out3 no further will ,i go1 by ,god6'#acd ,when ,sheridan supported a vote of sympathy for the ,french revolutionists1 ,tooke insisted upon adding a rider declaring the content of ,englishmen with their own constitution4#ace ,he offended some of his allies by asserting that the 'main timbers' of the constitution were sound though the dry-rot had got into the superstructure4 ,he maintained1 according to ,godwin1#acf that the best of all governments had been that of ,england under ,george ,i4 ,though ,cartwright said at the trial that ,horne ,tooke was taken to 'have no religion whatever1' he was1 according to ,stephens1 'a great stickler for the church of ,england'3 and stood up for the ,house of ,lords as well as the church on grounds of utility4#acg ,he always ridiculed ,paine and the doctrine of abstract rights1#ach and told ,cartwright that though all men had an equal right to a share of property1 they had not a right to an equal share4 ,horne ,tooke's ,radicalism 7,i use the word by anticipation7 was that of the sturdy tradesman4 ,he opposed the government because he hated war1 taxation and sinecures4 ,he argued against universal suffrage with equal pertinacity4 ,a comfortable old gentleman1 with a good cellar of ,madeira1 and proud of his wall-fruit in a well-tilled garden1 had no desire to see ,george ,,iii4 at the guillotine1 and still less to see a mob supreme in ,lombard ,street or banknotes superseded by assignats4 ,he might be jealous of the great nobles1 but he dreaded mob-rule4 ,he could denounce abuses1 but he could not desire anarchy4 ,he is said to have retorted upon some one who had boasted that ,english courts of justice were open to all classes3 ',so is the ,london tavern--to all who can pay4'#aci ,that is in the spirit of ,bentham2 and yet ,bentham complains that ,horne ,tooke's disciple1 ,burdett1 believed in the common law1 and revered the authority of ,coke4#adj ,in brief1 the creed of ,horne ,tooke meant 'liberty' founded upon tradition4 ,i shall presently notice the consistency of this with what may be called his philosophy4 ,meanwhile it was only natural that radicals of this variety should retire from active politics1 having sufficiently burnt their fingers by flirtation with the more thoroughgoing party4 ,how they came to life again will appear hereafter4 ,horne ,tooke himself took warning from his narrow escape4 ,he stayed quietly in his house at ,wimbledon4#ada ,there he divided his time between his books and his garden1 and received his friends to ,sunday dinners4 ,bentham1 ,mackintosh1 ,coleridge1 and ,godwin were among his visitors4 ,coleridge calls him a 'keen iron man1' and reports that he made a butt of ,godwin as he had done of ,paine4#adb ,porson and ,boswell encountered him in drinking matches and were both left under the table4#adc ,the house was thus a small centre of intellectual life1 though the symposia were not altogether such as became philosophers4 ,horne ,tooke was a keen and shrewd disputant1 well able to impress weaker natures4 ,his neighbour1 ,sir ,francis ,burdett1 became his political disciple1 and in later years was accepted as the radical leader4 ,tooke died at ,wimbledon #ahth ,march #ahab4 ,,notes3 #abf ,france1 p4 #bjf 7#bjth ,july #aghi74 #abg ,see the ,life of ,horne ,tooke1 by ,alexander ,stephens 7#b vols4 #hvo1 #ahac74 ,john ,horne added the name ,tooke in #aghb4 #abh ,parl4 ,hist4 xxxi4 #gea4 #abi ,the history of these societies may be found in the trials reported in the twenty-third1 twenty-fourth1 and twenty-fifth volumes of ,cobbett's ,state ,trials1 and in the reports of the secret committees in the thirty-first and thirty-fourth volumes of the ,parl4 ,history4 ,there are materials in ,place's papers in the ,british ,museum which have been used in ,e4 ,smith's ,english ,jacobins4 #acj ,parl4 ,hist4 xxix4 #acjj-acda4 #aca ,parl4 ,hist4 xxxiv4 #egd-fee4 #acb ,mr4 ,wallas's ,life of ,place1 p4 #be n4 #acc ,state ,trials1 xxiv4 #ege4 #acd ,ibid4 xxv4 #ccj4 #ace ,ibid4 xxv4 #cij4 #acf ,paul's ,godwin1 i4 #adg4 #acg ,stephens1 ii4 #dh1 #dgg4 #ach ,ibid4 ii4 #cd-da1 #cbc1 #dgh-dha4 #aci ,ibid4 ii4 #dhc4 #adj ,bentham's ,works1 x4 #djd4 #ada ,he was member for ,old ,sarum #ahja-b2 but his career ended by a declaratory act disqualifying for a seat men who had received holy orders4 #adb ,bentham's ,works1 x4 #djd2 ,life of ,mackintosh1 i4 #eb2 ,paul's ,godwin1 i4 #ga2 ,coleridge's ,table-,talk1 #hth ,may #ahcj and #afth ,august #ahcc4 #adc ,stephens1 ii4 #caf1 #ccd1 #dch4 ,,vi4 ,,individualism ,the general tendencies which ,i have so far tried to indicate will have to be frequently noticed in the course of the following pages4 ,one point may be emphasised before proceeding3 a main characteristic of the whole social and political order is what is now called its 'individualism4' ,that phrase is generally supposed to convey some censure4 ,it may connote1 however1 some of the most essential virtues that a race can possess4 ,energy1 self-reliance1 and independence1 a strong conviction that a man's fate should depend upon his own character and conduct1 are qualities without which no nation can be great4 ,they are the conditions of its vital power4 ,they were manifested in a high degree by the ,englishmen of the eighteenth century4 ,how far they were due to the inherited qualities of the race1 to the political or social history1 or to external circumstances1 ,i need not ask4 ,they were the qualities which had especially impressed foreign observers4 ,the fierce1 proud1 intractable ,briton was elbowing his way to a high place in the world1 and showing a vigour not always amiable1 but destined to bring him successfully through tremendous struggles4 ,in the earlier part of the century1 ,voltaire and ,french philosophers admired ,english freedom of thought and free speech1 even when it led to eccentricity and brutality of manners1 and to barbarism in matters of taste4 ,englishmen1 conscious and proud of their 'liberty1' were the models of all who desired liberty for themselves4 ,liberty1 as they understood it1 involved1 among other things1 an assault upon the old restrictive system1 which at every turn hampered the rising industrial energy4 ,this is the sense in which ',individualism1' or the gospel according to ,adam ,smith--laissez faire1 and so forth--has been specially denounced in recent times4 ,without asking at present how far such attacks are justifiable1 ,i must be content to assume that the old restrictive system was in its actual form mischievous1 guided by entirely false theories1 and the great barrier to the development of industry4 ,the same spirit appeared in purely political questions4 ',liberty1' as is often remarked1 may be interpreted in two ways2 not necessarily consistent with each other4 ,it means sometimes simply the diminution of the sphere of law and the power of legislators1 or1 again1 the transference to subjects of the power of legislating1 and1 therefore1 not less control1 but control by self-made laws alone4 ,the ,englishman1 who was in presence of no centralised administrative power1 who regarded the ,government rather as receiving power from individuals than as delegating the power of a central body1 took liberty mainly in the sense of restricting law4 ,government in general was a nuisance1 though a necessity2 and properly employed only in mediating between conflicting interests1 and restraining the violence of individuals forced into contact by outward circumstances4 ,when he demanded that a greater share of influence should be given to the people1 he always took for granted that their power would be used to diminish the activity of the sovereign power2 that there would be less government and therefore less jobbery1 less interference with free speech and free action1 and smaller perquisites to be bestowed in return for the necessary services4 ,the people would use their authority to tie the hands of the rulers1 and limit them strictly to their proper and narrow functions4 ,the absence1 again1 of the idea of a state in any other sense implies another tendency4 ,the 'idea' was not required4 ,englishmen were concerned rather with details than with first principles4 ,satisfied1 in a general way1 with their constitution1 they did not want to be bothered with theories4 ,abstract and absolute doctrines of right1 when imported from ,france1 fell flat upon the average ,englishman4 ,he was eager enough to discuss the utility of this or that part of the machinery1 but without inquiring into first principles of mechanism4 ,the argument from 'utility' deals with concrete facts1 and presupposes an acceptance of some common criterion of the useful4 ,the constant discussion of political matters in parliament and the press implied a tacit acceptance on all hands of constitutional methods4 ,practical men1 asking whether this or that policy shall be adopted in view of actual events1 no more want to go back to right reason and 'laws of nature' than a surveyor to investigate the nature of geometrical demonstration4 ,very important questions were raised as to the rights of the press1 for example1 or the system of representation4 ,but everybody agreed that the representative system and freedom of speech were good things2 and argued the immediate questions of fact4 ,the order1 only established by experience and tradition1 was accepted1 subject to criticism of detail1 and men turned impatiently from abstract argument1 and left the inquiry into 'social contracts' to philosophers1 that is1 to silly people in libraries4 ,politics were properly a matter of business1 to be discussed in a business-like spirit4 ,in this sense1 'individualism' is congenial to 'empiricism1' because it starts from facts and particular interests1 and resents the intrusion of first principles4 ,the characteristic individualism1 again1 suggests one other remark4 ,individual energy and sense of responsibility are good--as even extreme socialists may admit--if they do not exclude a sense of duties to others4 ,it may be a question how far the stimulation of individual enterprise and the vigorous spirit of industrial competition really led to a disregard of the interests of the weaker4 ,but it would be a complete misunderstanding of the time if we inferred that it meant a decline of humane feeling4 ,undoubtedly great evils had grown up1 and some continued to grow which were tolerated by the indifference1 or even stimulated by the selfish aims1 of the dominant classes4 ,but1 in the first place1 many of the most active prophets of the individualist spirit were acting1 and acting sincerely1 in the name of humanity4 ,they were attacking a system which they held1 and to a great extent1 ,i believe1 held rightly1 to be especially injurious to the weakest classes4 ,possibly they expected too much from the simple removal of restrictions2 but certainly they denounced the restrictions as unjust to all1 not simply as hindrances to the wealth of the rich4 ,adam ,smith's position is intelligible3 it was1 he thought1 a proof of a providential order that each man1 by helping himself1 unintentionally helped his neighbours4 ,the moral sense based upon sympathy was therefore not opposed to1 but justified1 the economic principles that each man should first attend to his own interest4 ,the unintentional co-operation would thus become conscious and compatible with the established order4 ,and1 in the next place1 so far from there being a want of humane feeling1 the most marked characteristic of the eighteenth century was precisely the growth of humanity4 ,in the next generation1 the eighteenth century came to be denounced as cold1 heartless1 faithless1 and so forth4 ,the established mode of writing history is partly responsible for this perversion4 ,men speak as though some great man1 who first called attention to an evil1 was a supernatural being who had suddenly dropped into the world from another sphere4 ,his condemnation of evil is therefore taken to be a proof that the time must be evil4 ,any century is bad if we assume all the good men to be exceptions4 ,but the great man is really also the product of his time4 ,he is the mouthpiece of its prevailing sentiments1 and only the first to see clearly what many are beginning to perceive obscurely4 ,the emergence of the prophet is a proof of the growing demand of his hearers for sound teaching4 ,because he is in advance of men generally1 he sees existing abuses more clearly1 and we take his evidence against his contemporaries as conclusive4 ,but the fact that they listened shows how widely the same sensibility to evil was already diffused4 ,in fact1 as ,i think1 the humane spirit of the eighteenth century1 due to the vast variety of causes which we call social progress or evolution--not to the teaching of any individual--was permeating the whole civilised world1 and showed itself in the philosophic movement as well as in the teaching of the religious leaders1 who took the philosophers to be their enemies4 ,i have briefly noticed the various philanthropic movements which were characteristic of the period4 ,some of them may indicate the growth of new evils2 others1 that evils which had once been regarded with indifference were now attracting attention and exciting indignation4 ,but even the growth of new evils does not show general indifference so much as the incapacity of the existing system to deal with new conditions4 ,it may1 ,i think1 be safely said that a growing philanthropy was characteristic of the whole period1 and in particular animated the ,utilitarian movement1 as ,i shall have to show in detail4 ,modern writers have often spoken of the ,wesleyan propaganda and the contemporary 'evangelical revival' as the most important movements of the time4 ,they are apt to speak1 in conformity with the view just described1 as though ,wesley or some of his contemporaries had originated or created the better spirit4 ,without asking what was good or bad in some aspects of these movements1 ,i fully believe that ,wesley was essentially a moral reformer1 and that he deserves corresponding respect4 ,but instead of holding that his contemporaries were bad people1 awakened by a stimulus from without1 ,i hold that the movement1 so far as really indicating moral improvement1 must be set down to the credit of the century itself4 ,it was one manifestation of a general progress1 of which ,bentham was another outcome4 ,though ,bentham might have thought ,wesley a fanatic or perhaps a hypocrite1 and ,wesley would certainly have considered that ,bentham's heart was much in need of a change1 they were really allies as much as antagonists1 and both mark a great and beneficial change4 ,,chapter ,,iv ,,philosophy ,i4 ,,john ,,horne ,,tooke ,i have so far dwelt upon the social and political environment of the early ,utilitarian movement2 and have tried also to point out some of the speculative tendencies fostered by the position4 ,if it be asked what philosophical doctrines were explicitly taught1 the answer must be a very short one4 ,english philosophy barely existed4 ,parr was supposed to know something about metaphysics--apparently because he could write good ,latin4 ,but the inference was hasty4 ,of one book1 however1 which had a real influence1 ,i must say something1 for though it contained little definite philosophy1 it showed what kind of philosophy was congenial to the common sense of the time4 ,the sturdy radical1 ,horne ,tooke1 had been led to the study of philology by a characteristic incident4 ,the legal question had arisen whether the words1 ',she1 knowing that ,crooke had been indicted for forgery1' did so and so1 contained an averment that ,crooke had been indicted4 ,tooke argued in a letter to ,dunning#add that they did2 because they were equivalent to the phrase1 ',crooke had been indicted for forgery3 she1 knowing that1' did so and so4 ,this raises the question3 ,what is the meaning of 'that'8 ,tooke took up the study1 thinking1 as he says1 that it would throw light upon some philosophical questions4 ,he learned some ,anglo-,saxon and ,gothic to test his theory and1 of course1 confirmed it4#ade ,the book shows ingenuity1 shrewdness1 and industry1 and ,tooke deserves credit for seeing the necessity of applying a really historical method to his problem1 though his results were necessarily crude in the pre-scientific stage of philology4 ,the book is mainly a long string of etymologies1 which readers of different tastes have found intolerably dull or an amusing collection of curiosities4 ,tooke held1 and surely with reason1 that an investigation of language1 the great instrument of thought1 may help to throw light upon the process of thinking4 ,he professes to be a disciple of ,locke in philosophy as in politics4 ,locke1 he said1#adf made a lucky mistake in calling his book an essay upon human understanding2 for he thus attracted many who would have been repelled had he called it what it really was1 'a treatise upon words and language4' ,according to ,tooke1 in fact1#adg what we call 'operations of mind' are only 'operations of language4' ,the mind contemplates nothing but 'impressions1' that is1 'sensations or feelings1' which ,locke called 'ideas1' ,locke mistook composition of terms for composition of ideas4 ,to compound ideas is impossible4 ,we can only use one term as a sign of many ideas4 ,locke1 again1 supposed that affirming and denying were operations of the mind1 whereas they are only artifices of language4#adh ,the mind1 then1 can only contemplate1 separately or together1 aggregates of 'ideas1' ultimate atoms1 incapable of being parted or dissolved4 ,there are1 therefore1 only two classes of words1 nouns and verbs2 all others1 prepositions1 conjunctions1 and so forth1 being abbreviations1 a kind of mental shorthand to save the trouble of enumerating the separate items4 ,tooke1 in short1 is a thoroughgoing nominalist4 ,the realities1 according to him1 are sticks1 stones1 and material objects1 or the 'ideas' which 'represent' them4 ,they can be stuck together or taken apart1 but all the words which express relations1 categories1 and the like1 are in themselves meaningless4 ,the special objects of his scorn are ',hermes' ,harris1 and ,monboddo1 who had tried to defend ,aristotle against ,locke4 ,monboddo had asserted that 'every kind of relation' is a pure 'idea of the intellect' not to be apprehended by sense4#adi ,if so1 according to ,tooke1 it would be a nonentity4 ,this doctrine gives a short cut to the abolition of metaphysics4 ,the word 'metaphysics1' says ,tooke1#aej is nonsense4 ,all metaphysical controversies are 'founded on the grossest ignorance of words and the nature of speech4' ,the greatest part of his second volume is concerned with etymologies intended to prove that an 'abstract idea' is a mere word4 ,abstract words1 he says1#aea are generally 'participles without a substantive and therefore in construction used as substantives4' ,from a misunderstanding of this has arisen 'metaphysical jargon' and 'false morality4' ,in illustration he gives a singular list of words1 including 'fate1 chance1 heaven1 hell1 providence1 prudence1 innocence1 substance1 fiend1 angel1 apostle1 spirit1 true1 false1 desert1 merit1 faith1 etc41 all of which are mere participles poetically embodied and substantiated by those who use them4' ,a couple of specific applications1 often quoted by later writers1 will sufficiently indicate his drift4 ,such words1 he remarks1#aeb as 'right' and 'just' mean simply that which is ordered or commanded4 ,the chapter is headed 'rights of man1' and ,tooke's interlocutor naturally observes that this is a singular result for a democrat4 ,man1 it would seem1 has no rights except the rights created by the law4 ,tooke admits the inference to be correct1 but replies that the democrat in disobeying human law may be obeying the law of ,god1 and is obeying the law of ,god when he obeys the law of nature4 ,the interlocutor does not inquire what ,tooke could mean by the 'law of nature4' ,we can guess what ,tooke would have said to ,paine in the ,wimbledon garden4 ,in fact1 however1 ,tooke is here1 as elsewhere1 following ,hobbes1 though1 it seems1 unconsciously4 ,another famous etymology is that of 'truth' from 'troweth4'#aec ,truth is what each man thinks4 ,there is no such thing1 therefore1 as 'eternal1 immutable1 everlasting truth1 unless mankind1 such as they are at present1 be eternal1 immutable1 everlasting4' ,two persons may contradict each other and yet each may be speaking what is true for him4 ,truth may be a vice as well as a virtue2 for on many occasions it is wrong to speak the truth4 ,these phrases may possibly be interpreted in a sense less paradoxical than the obvious one4 ,tooke's philosophy1 if so it is to be called1 was never fully expounded4 ,he burned his papers before his death1 and we do not know what he would have said about 'verbs1' which must have led1 one would suppose1 to some further treatment of relations1 nor upon the subject1 which as ,stephens tells us1 was most fully treated in his continuation1 the value of human testimony4 ,if ,tooke was not a philosopher he was a man of remarkably shrewd cynical common sense1 who thought philosophy idle foppery4 ,his book made a great success4 ,stephens tells us#aed that it brought him ,l#djjj or ,l#ejjj4 ,hazlitt in #ahaj published a grammar professing to incorporate for the first time ,horne ,tooke's 'discoveries4' ,the book was admired by ,mackintosh1#aee who1 of course1 did not accept the principles1 and had a warm disciple in ,charles ,richardson 7#agge-ahfe71 who wrote in its defence against ,dugald ,stewart and accepted its authority in his elaborate dictionary of the ,english language4#aef ,but its chief interest for us is that it was a great authority with ,james ,mill4 ,mill accepts the etymologies1 and there is much in common between the two writers1 though ,mill had learned his main doctrines elsewhere1 especially from ,hobbes4 ,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 followers4 ,,notes3 #add ,published originally in #aggh2 reprinted in edition of ,,epea ,,pteroenta or ,diversions of ,purley1 by ,richard ,taylor 7#ahbi71 to which ,i refer4 ,the first part of the ,diversions of ,purley appeared in #aghf2 and the second part 7with a new edition of the first7 in #agih4 #ade ,diversions of ,purley 7#ahbi71 i4 #ab1 #aca4 #adf ,ibid4 ii4 #cfb4 ,locke's work1 says ,prof4 ,max ,mueller in his ,science of ,thought1 p4 #bie1 'is1 as ,lange in his ,history of ,materialism rightly perceived1 a critique of language which1 together with ,kant's ,critique of the ,pure ,reason1 forms the starting-point of modern philosophy4' ,see ,lange's ,materialism1 7#ahgc71 i4 #bga4 #adg ,ibid4 i4 #di4 #adh ,diversions of ,purley1 i4 #cf1 #db4 #adi ,ibid4 i4 #cgc4 #aej ,ibid4 i4 #cgd4 #aea ,diversions of ,purley1 ii4 #ah4 ,cf4 ,mill's statement in ,analysis1 i4 #cjd1 that 'abstract terms are concrete terms with the connotation dropped4' #aeb ,ibid4 ii4 #i1 etc4 #aec ,ibid4 ii4 #cii4 #aed ,stephens1 ii4 #dig4 #aee ,life of ,mackintosh1 ii4 #bce-cg4 #aef ,begun for the ,encyclopaedia ,metropolitana in #ahah2 and published in #ahce-cg4 ,dugald ,stewart's chief criticism is in his ,essays 7,works1 v4 #adi-ahh74 ,john ,fearn published his ,anti-,tooke in #ahbj4 ,,ii4 ,,dugald ,,stewart ,if ,english philosophy was a blank1 there was still a leader of high reputation in ,scotland4 ,dugald ,stewart 7#agec-ahbh7 had a considerable influence upon the ,utilitarians4 ,he represented1 on the one hand1 the doctrines which they thought themselves specially bound to attack1 and it may perhaps be held that in some ways he betrayed to them the key of the position4 ,stewart#aeg was son of a professor of mathematics at ,edinburgh4 ,he studied at ,glasgow 7#agga-gb7 where he became ,reid's favourite pupil and devoted friend4 ,in #aggb he became the assistant1 and in #agge the colleague1 of his father1 and he appears to have had a considerable knowledge of mathematics4 ,in #aghe he succeeded ,adam ,ferguson as professor of moral philosophy and lectured continuously until #ahaj4 ,he then gave up his active duties to ,thomas ,brown1 devoting himself to the completion and publication of the substance of his lectures4 ,upon ,brown's death in #ahbj1 he resigned a post to which he was no longer equal4 ,a paralytic stroke in #ahbb weakened him1 though he was still able to write4 ,he died in #ahbh4 ,if ,stewart now makes no great mark in histories of philosophy1 his personal influence was conspicuous4 ,cockburn describes him as of delicate appearance1 with a massive head1 bushy eyebrows1 gray intelligent eyes1 flexible mouth and expressive countenance4 ,his voice was sweet and his ear exquisite4 ,cockburn never heard a better reader1 and his manners1 though rather formal1 were graceful and dignified4 ,james ,mill1 after hearing ,pitt and ,fox1 declared that ,stewart was their superior in eloquence4 ,at ,edinburgh1 then at the height of its intellectual activity1 he held his own among the ablest men and attracted the loyalty of the younger4 ,students came not only from ,scotland but from ,england1 the ,united ,states1 ,france and ,germany4#aeh ,scott won the professor's approval by an essay on the ',customs of the ,northern ,nations4' ,jeffrey1 ,horner1 ,cockburn and ,mackintosh were among his disciples4 ,his lectures upon ,political ,economy were attended by ,sydney ,smith1 ,jeffrey and ,brougham1 and one of his last hearers was ,lord ,palmerston4 ,parr looked up to him as a great philosopher1 and contributed to his works an essay upon the etymology of the word 'sublime1' too vast to be printed whole4 ,stewart was an upholder of ,whig principles1 when the ,scottish government was in the hands of the staunchest ,tories4 ,the irreverent young ,edinburgh ,reviewers treated him with respect1 and to some extent applied his theory to politics4 ,stewart was the philosophical heir of ,reid2 and1 one may say1 was a ,whig both in philosophy and in politics4 ,he was a rationalist1 but within the limits fixed by respectability2 and he dreaded the revolution in politics1 and believed in the surpassing merits of the ,british ,constitution as interpreted by the respectable ,whigs4 ,stewart represents the 'common sense' doctrine4 ,that name1 as he observes1 lends itself to an equivocation4 ,common sense is generally used as nearly synonymous with 'mother wit1' the average opinion of fairly intelligent men2 and he would prefer to speak of the 'fundamental laws of belief4'#aei ,there can1 however1 be no doubt that the doctrine derived much of its strength from the apparent confirmation of the 'average opinion' by the 'fundamental laws4' ,on one side1 said ,reid1 are all the vulgar2 on the other all the philosophers4 ',in this division1 to my great humiliation1 ,i find myself classed with the vulgar4'#afj ,reid1 in fact1 had opposed the theories of ,hume and ,berkeley because they led to a paradoxical scepticism4 ,if it be1 as ,reid held1 a legitimate inference from ,berkeley that a man may as well run his head against a post1 there can be no doubt that it is shocking to common sense in every acceptation of the word4 ,the reasons1 however1 which ,reid and ,stewart alleged for not performing that feat took a special form1 which ,i am compelled to notice briefly because they set up the mark for the whole intellectual artillery of the ,utilitarians4 ,reid1 in fact1 invented what ,j4 ,s4 ,mill called 'intuitions4' ,to confute intuitionists and get rid of intuitions was one main purpose of all ,mill's speculations4 ,what1 then1 is an 'intuition'8 ,to explain that fully it would be necessary to write once more that history of the philosophical movement from ,descartes to ,hume1 which has been summarised and elucidated by so many writers that it should be as plain as the road from ,st4 ,paul's to ,temple ,bar4 ,i am forced to glance at the position taken by ,reid and ,stewart because it has a most important bearing upon the whole ,utilitarian scheme4 ,reid's main service to philosophy was1 in his own opinion1#afa that he refuted the 'ideal system' of ,descartes and his followers4 ,that system1 he says1 carried in its womb the monster1 scepticism1 which came to the birth in #agci1afb the date of ,hume's early ,treatise4 ,to confute ,hume1 therefore1 which was ,reid's primary object1 it was necessary to go back to ,descartes1 and to show where he deviated from the right track4 ,in other words1 we must trace the genealogy of 'ideas4' ,descartes1 as ,reid admitted1 had rendered immense services to philosophy4 ,he had exploded the scholastic system1 which had become a mere mass of logomachies and an incubus upon scientific progress4 ,he had again been the first to 'draw a distinct line between the material and the intellectual world'#afc2 and ,reid apparently assumes that he had drawn it correctly4 ,one characteristic of the ,cartesian school is obvious4 ,descartes1 a great mathematician at the period when mathematical investigations were showing their enormous power1 invented a mathematical universe4 ,mathematics presented the true type of scientific reasoning and determined his canons of inquiry4 ,the 'essence' of matter1 he said1 was space4 ,the objective world1 as we have learned to call it1 is simply space solidified or incarnate geometry4 ,its properties therefore could be given as a system of deductions from first principles1 and it forms a coherent and self-subsistent whole4 ,meanwhile the essence of the soul is thought4 ,thought and matter are absolutely opposed4 ,they are contraries1 having nothing in common4 ,reality1 however1 seems to belong to the world of space4 ,the brain1 too1 belongs to that world1 and motions in the brain must be determined as a part of the material mechanism4 ,in some way or other 'ideas' correspond to these motions2 though to define the way tried all the ingenuity of ,descartes' successors4 ,in any case an idea is 'subjective'3 it is a thought1 not a thing4 ,it is a shifting1 ephemeral entity not to be fixed or grasped4 ,yet1 somehow or other1 it exists1 and it 'represents' realities2 though the divine power has to be called in to guarantee the accuracy of the representation4 ,the objective world1 again1 does not reveal itself to us as simply made up of 'primary qualities'2 we know of it only as somehow endowed with 'secondary' or sense-given qualities3 as visible1 tangible1 audible1 and so forth4 ,these qualities are plainly 'subjective'2 they vary from man to man1 and from moment to moment3 they cannot be measured or fixed2 and must be regarded as a product in some inexplicable way of the action of matter upon mind2 unreal or1 at any rate1 not independent entities4 ,in ,locke's philosophy1 the 'ideas1' legitimate or illegitimate descendants of the ,cartesian theories1 play a most prominent part4 ,locke's admirable common sense made him the leader who embodied a growing tendency4 ,the empirical sciences were growing2 and ,locke1 a student of medicine1 could note the fallacies which arise from neglecting observation and experiment1 and attempting to penetrate to the absolute essences and entities4 ,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 phenomena4 ,the excessive pretensions of the framers of metaphysical systems had led to hopeless puzzles and merely verbal solutions4 ,locke1 therefore1 insisted upon the necessity of ascertaining the necessary limits of human knowledge4 ,all our knowledge of material facts is obviously dependent in some way upon our sensations--however fleeting or unreal they may be4 ,therefore1 the material sciences must depend upon sense-given data or upon observation and experiment4 ,hume gives the ultimate purpose1 already implied in ,locke's essay1 when he describes his first treatise 7on the title page7 as an 'attempt to introduce the experimental mode of reasoning into moral subjects4' ,now1 as ,reid thinks1 the effect of this was to construct our whole knowledge out of the representative ideas4 ,the empirical factor is so emphasised that we lose all grasp of the real world4 ,locke1 indeed1 though he insists upon the derivation of our whole knowledge from 'ideas1' leaves reality to the 'primary qualities' without clearly expounding their relation to the secondary4 ,but ,berkeley1 alarmed by the tendency of the ,cartesian doctrines to materialism and mechanical necessity1 reduces the 'primary' to the level of the 'secondary1' and proceeds to abolish the whole world of matter4 ,we are thus left with nothing but 'ideas1' and the ideas are naturally 'subjective' and therefore in some sense unreal4 ,finally ,hume gets rid of the soul as well as the outside world2 and then1 by his theory of 'causation1' shows that the ideas themselves are independent atoms1 cohering but not rationally connected1 and capable of being arbitrarily joined or separated in any way whatever4 ,thus the ideas have ousted the facts4 ,we cannot get beyond ideas1 and yet ideas are still purely subjective4 ,the 'real' is separated from the phenomenal1 and truth divorced from fact4 ,the sense-given world is the whole world1 and yet is a world of mere accidental conjunctions and separation4 ,that is ,hume's scepticism1 and yet according to ,reid is the legitimate development of ,descartes' 'ideal system4' ,reid1 ,i take it1 was right in seeing that there was a great dilemma4 ,what was required to escape from it8 ,according to ,kant1 nothing less than a revision of ,descartes' mode of demarcation between object and subject4 ,the 'primary qualities' do not correspond in this way to an objective world radically opposed to the subjective4 ,space is not a form of things1 but a form imposed upon the data of experience by the mind itself4 ,this1 as ,kant says1 supposes a revolution in philosophy comparable to the revolution made by ,copernicus in astronomy4 ,we have completely to invert our whole system of conceiving the world4 ,whatever the value of ,kant's doctrine1 of which ,i need here say nothing1 it was undoubtedly more prolific than ,reid's4 ,reid's was far less thoroughgoing4 ,he does not draw a new line between object and subject1 but simply endeavours to show that the dilemma was due to certain assumptions about the nature of 'ideas4' ,the real had been altogether separated from the phenomenal1 or truth divorced from fact4 ,you can only have demonstrations by getting into a region beyond the sensible world2 while within that world--that is1 the region of ordinary knowledge and conduct--you are doomed to hopeless uncertainty4 ,an escape1 therefore1 must be sought by some thorough revision of the assumed relation1 but not by falling back upon the exploded philosophy of the schools4 ,reid and his successors were quite as much alive as ,locke to the danger of falling into mere scholastic logomachy4 ,they1 too1 will in some sense base all knowledge upon experience4 ,reid constantly appeals to the authority of ,bacon1 whom he regards as the true founder of inductive science4 ,the great success of ,bacon's method in the physical sciences1 encouraged the hope1 already expressed by ,newton1 that a similar result might be achieved in 'moral philosophy4'#afd ,hume had done something to clear the way1 but ,reid was1 as ,stewart thinks1 the first to perceive clearly and justly the 'analogy between these two different branches of human knowledge4' ,the mind and matter are two co-ordinate things1 whose properties are to be investigated by similar methods4 ,philosophy thus means essentially psychology4 ,the two inquiries are two 'branches' of inductive science1 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 thought4 ,the main result of ,reid's investigations is given most pointedly in his early ,inquiry1 and was fully accepted by ,stewart4 ,briefly it comes to this4 ,no one can doubt that we believe1 as a fact1 in an external world4 ,we believe that there are sun and moon1 stones1 sticks1 and human bodies4 ,this belief is accepted by the sceptic as well as by the dogmatist1 although the sceptic reduces it to a mere blind custom or 'association of ideas4' ,now ,reid argues that the belief1 whatever its nature1 is not and cannot be derived from the sensations4 ,we do not construct the visible and tangible world1 for example1 simply out of impressions made upon the senses of sight and touch4 ,to prove this1 he examines what are the actual data provided by these senses1 and shows1 or tries to show1 that we cannot from them alone construct the world of space and geometry4 ,hence1 if we consider experience impartially and without preconception1 we find that it tells us something which is not given by the senses4 ,the senses are not the material of our perceptions1 but simply give the occasions upon which our belief is called into activity4 ,the sensation is no more like the reality in which we believe than the pain of a wound is like the edge of the knife4 ,perception tells us directly and immediately1 without the intervention of ideas1 that there is1 as we all believe1 a real external world4 ,reid was a vigorous reasoner1 and credit has been given to him by some disciples of ,kant's doctrine of time and space4 ,schopenhauer#afe says that ,reid's 'excellent work' gives a complete 'negative proof of the ,kantian truths'2 that is to say1 that ,reid proves satisfactorily that we cannot construct the world out of the sense-given data alone4 ,but1 whereas ,kant regards the senses as supplying the materials moulded by the perceiving mind1 ,reid regards them as mere stimuli exciting certain inevitable beliefs4 ,as a result of ,reid's method1 then1 we have 'intuitions4' ,reid's essential contention is that a fair examination of experience will reveal certain fundamental beliefs1 which cannot be explained as mere manifestations of the sensations1 and which1 by the very fact that they are inexplicable1 must be accepted as an 'inspiration4'#aff ,reid professes to discover these beliefs by accurately describing facts4 ,he finds them there as a chemist finds an element4 ,the 'intuition' is made by substituting for 'ideas' a mysterious and inexplicable connection between the mind and matter4#afg ,the chasm exists still1 but it is somehow bridged by a quasi-miracle4 ,admitting1 therefore1 that ,reid shows a gap to exist in the theory1 his result remains 'negative4' ,the philosopher will say that it is not enough to assert a principle dogmatically without showing its place in a reasoned system of thought4 ,the psychologist1 on the other hand1 who takes ,reid's own ground1 may regard the statement only as a useful challenge to further inquiry4 ,the analysis hitherto given may be insufficient1 but where ,reid has failed1 other inquirers may be more successful4 ,as soon1 in fact1 as we apply the psychological method1 and regard the 'philosophy of mind' as an 'inductive science1' it is perilous1 if not absolutely inconsistent1 to discover 'intuitions' which will take us beyond experience4 ,the line of defence against empiricism can only be provisional and temporary4 ,in his main results1 indeed1 ,reid had the advantage of being on the side of 'common sense4' ,everybody was already convinced that there were sticks and stones1 and everybody is prepared to hear that their belief is approved by philosophy4 ,but a difficulty arises when a similar method is applied to a doctrine sincerely disputed4 ,to the statement1 'this is a necessary belief1' it is a sufficient answer to reply1 ',i don't believe it1' ,in that case1 an intuition merely amounts to a dogmatic assumption that ,i am infallible1 and must be supported by showing its connection with beliefs really universal and admittedly necessary4 ,dugald ,stewart followed ,reid upon this main question1 and with less force and originality represents the same point of view4 ,he accepts ,reid's view of the two co-ordinate departments of knowledge2 the science of which mind1 and the science of which body1 is the object4 ,philosophy is not a 'theory of knowledge' or of the universe2 but1 as it was then called1 'a philosophy of the human mind4' ',philosophy' is founded upon inductive psychology2 and it only becomes philosophy in a wider sense in so far as we discover that as a fact we have certain fundamental beliefs1 which are thus given by experience1 though they take us in a sense beyond experience4 ,jeffrey1 reviewing ,stewart's life of ,reid1 in the ,edinburgh ,review of #ahjd1 makes a significant inference from this4 ,bacon's method1 he said1 had succeeded in the physical sciences1 because there we could apply experiment4 ,but experiment is impossible in the science of mind2 and therefore philosophy will never be anything but a plaything or a useful variety of gymnastic4 ,stewart replied at some length in his ,essays1#afh fully accepting the general conception1 but arguing that the experimental method was applicable to the science of mind4 ,jeffrey observes that it was now admitted that the 'profoundest reasonings' had brought us back to the view of the vulgar1 and this1 too1 is admitted by ,stewart so far as the cardinal doctrine of 'the common sense' philosophy1 the theory of perception1 is admitted4 ,from this1 again1 it follows that the 'notions we annex to the words ,matter and ,mind are merely relative4'#afi ,we know that mind exists as we know that matter exists2 or1 if anything1 we know the existence of mind more certainly because more directly4 ,the mind is suggested by 'the subjects of our consciousness'2 the body by the objects 'of our perception4' ,but1 on the other hand1 we are totally 'ignorant of the essence of either4'#agj ,we can discover the laws either of mental or moral phenomena2 but a law1 as he explains1 means in strictness nothing but a 'general fact4'#aga ,it is idle1 therefore1 to explain the nature of the union between the two unknowable substances2 we can only discover that they are united and observe the laws according to which one set of phenomena corresponds to the other4 ,from a misunderstanding of this arise all the fallacies of scholastic ontology1 'the most idle and absurd speculation that ever employed the human faculties4'#agb ,the destruction of that pseudo-science was the great glory of ,bacon and ,locke2 and ,reid has now discovered the method by which we may advance to the establishment of a truly inductive 'philosophy of mind4' ,it is not surprising that ,stewart approximates in various directions to the doctrines of the empirical school4 ,he leans towards them whenever he does not see the results to which he is tending4 ,thus1 for example1 he is a thoroughgoing nominalist2#agc and on this point he deserts the teaching of ,reid4 ,he defends against ,reid the attack made by ,berkeley and ,hume upon 'abstract ideas4' ,rosmini1#agd in an elaborate criticism1 complains that ,stewart did not perceive the inevitable tendency of nominalism to materialism4#age ,stewart1 in fact1 accepts a good deal of ,horne ,tooke's doctrine1#agf though calling ,tooke an 'ingenious grammarian1 not a very profound philosopher1' but holds1 as we shall see1 that the materialistic tendency can be avoided4 ,as becomes a nominalist1 he attacks the syllogism upon grounds more fully brought out by ,j4 ,s4 ,mill4 ,upon another essential point1 he agrees with the pure empiricists4 ,he accepts ,hume's view of causation in all questions of physical science4 ,in natural philosophy1 he declares causation means only conjunction4 ,the senses can never give us the 'efficient' cause of any phenomenon4 ,in other words1 we can never see a 'necessary connection' between any two events4 ,he collects passages from earlier writers to show how ,hume had been anticipated2 and holds that ,bacon's inadequate view of this truth was a main defect in his theories4#agg ,hence we have a characteristic conclusion4 ,he says1 when discussing the proofs of the existence of ,god1#agh that we have an 'irresistible conviction of the necessity of a cause' for every change4 ,hume1 however1 has shown that this can never be a logical necessity4 ,it must then1 argues ,stewart1 be either a 'prejudice' or an 'intuitive judgment4' ,since it is shown by 'universal consent' not to be a prejudice1 it must be an intuitive judgment4 ,thus ,hume's facts are accepted2 but his inference denied4 ,the actual causal nexus is inscrutable4 ,the conviction that there must be a connection between events attributed by ,hume to 'custom' is attributed by ,stewart to intuitive belief4 ,stewart infers that ,hume's doctrine is really favourable to theology4 ,it implies that ,god gives us the conviction1 and perhaps1 as ,malebranche held1 that ,god is 'the constantly operating efficient ,cause in the material world4'#agi ,stewart's successor1 ,thomas ,brown1 took up this argument on occasion of the once famous ',leslie controversy'2 and ,brown's teaching was endorsed by ,james ,mill and by ,john ,stuart ,mill4 ,according to ,j4 ,s4 ,mill1 ,james ,mill and ,stewart represented opposite poles of philosophic thought4 ,i shall have to consider this dictum hereafter4 ,on the points already noticed ,stewart must be regarded as an ally rather than an opponent of the ,locke and ,hume tradition4 ,like them he appeals unhesitatingly to experience1 and cannot find words strong enough to express his contempt for 'ontological' and scholastic methods4 ,his 'intuitions' are so far very harmless things1 which fall in with common sense1 and enable him to hold without further trouble the beliefs which1 as a matter of fact1 are held by everybody4 ,they are an excuse for not seeking any ultimate explanation in reason4 ,he is1 indeed1 opposed to the school which claimed to be the legitimate successor to ,locke1 but which evaded ,hume's scepticism by diverging towards materialism4 ,the great representative of this doctrine in ,england had been ,hartley1 and in ,stewart's day ,hartley's lead had been followed by ,priestley1 who attacked ,reid from a materialist point of view1 by ,priestley's successor1 ,thomas ,belsham1 and by ,erasmus ,darwin4 ,we find ,stewart1 in language which reminds us of later controversy1 denouncing the ',darwinian ,school'#ahj for theories about instinct incompatible with the doctrine of final causes4 ,it might appear that a philosopher who has re-established the objective existence of space in opposition to ,berkeley1 was in danger of that materialism which had been ,berkeley's bugbear4 ,but ,stewart escapes the danger by his assertion that our knowledge of matter is 'relative' or confined to phenomena4 ,materialism is for him a variety of ontology1 involving the assumption that we know the essence of matter4 ,to speak with ,hartley of 'vibrations1' animal spirits1 and so forth1 is to be led astray by a false analogy4 ,we can discover the laws of correspondence of mind and body1 but not the ultimate nature of either4#aha ,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 incompetent4'#ahb ,the principles found by inductive observation are as independent of these speculations as ,newton's theory of gravitation of an ultimate mechanical cause of gravitation4 ,hartley's followers1 however1 could drop the 'vibration' theory2 and their doctrine then became one of 'association of ideas4' ,to this famous theory1 which became the sheet-anchor of the empirical school1 ,stewart is not altogether opposed4 ,we find him speaking of 'indissoluble association' in language which reminds us of the ,mills4#ahc ,hume had spoken of association as comparable to gravitation--the sole principle by which our 'ideas' and 'impressions' are combined into a whole2 a theory1 of course1 corresponding to his doctrine of 'belief' as a mere custom of associating4 ,stewart uses the principle rather as ,locke had done1 as explaining fallacies due to 'casual associations4' ,it supposes1 as he says1 the previous existence of certain principles1 and cannot be an ultimate explanation4 ,the only question can be at what point we have reached an 'original principle1' and are therefore bound to stop our analysis4#ahd ,over this question he glides rather too lightly1 as is his custom2 but from his point of view the belief1 for example1 in an external world1 cannot be explained by association1 inasmuch as it reveals itself as an ultimate datum4 ,in regard to the physical sciences1 then1 ,stewart's position approximates very closely to the purely 'empirical' view4 ,when we come to a different application of his principles1 we find him taking a curiously balanced position between different schools4 ',common sense' naturally wishes to adapt itself to generally accepted beliefs2 and with so flexible a doctrine as that of 'intuitions' it is not difficult to discover methods of proving the ordinary dogmas4 ,stewart's theology is characteristic of this tendency4 ,he describes the so-called a priori proof1 as formulated by ,clarke4 ,but without denying its force1 he does not like to lay stress upon it4 ,he dreads 'ontology' too much4 ,he therefore considers that the argument at once most satisfactory to the philosopher and most convincing to ordinary men is the argument from design4 ,the belief in ,god is not 'intuitive1' but follows immediately from two first principles3 the principle that whatever exists has a cause1 and the principle that a 'combination of means implies a designer4'#ahe ,the belief in a cause arises on our perception of change as our belief in the external world arises upon our sensations4 ,the belief in design must be a 'first principle' because it includes a belief in 'necessity' which cannot arise from mere observation of 'contingent truths4'#ahf ,hence ,stewart accepts the theory of final causes as stated by ,paley4 ,though ,paley's ethics offended him1 he has nothing but praise for the work upon ,natural ,theology4#ahg ,thus1 although 'common sense' does not enable us to lay down the central doctrine of theology as a primary truth1 it does enable us to interpret experience in theological terms4 ,in other words1 his theology is of the purely empirical kind1 which was1 as we shall see1 the general characteristic of the time4 ,in ,stewart's discussion of ethical problems the same doctrine of 'final causes' assumes a special importance4 ,stewart1 as elsewhere1 tries to hold an intermediate position2 to maintain the independence of morality without committing himself to the 'ontological' or purely logical view2 and to show that virtue conduces to happiness without allowing that its dictates are to be deduced from its tendency to produce happiness4 ,his doctrine is to a great extent derived from the teaching of ,hutcheson and ,bishop ,butler4 ,he really approximates most closely to ,hutcheson1 who takes a similar view of ,utilitarianism1 but he professes the warmest admiration of ,butler4 ,he explicitly accepts ,butler's doctrine of the 'supremacy of the conscience'--a doctrine which as he says1 the bishop1 'has placed in the strongest and happiest light4'#ahh ,he endeavours1 again1 to approximate to the 'intellectual school1' of which ,richard ,price 7#agbc-agia7 was the chief ,english representative at the time4 ,like ,kant1 ,price deduces the moral law from principles of pure reason4 ,the truth of the moral law1 ',thou shalt do to others as you wish that they should do to you1' is as evident as the truth of the law in geometry1 'things which are equal to the same thing are equal to each other4' ,stewart so far approves that he wishes to give to the moral law what is now called all possible 'objectivity1' while the 'moral sense' of ,hutcheson apparently introduced a 'subjective' element4 ,he holds1 however1 that our moral perceptions 'involve a feeling of the heart1' as well as a 'judgment of the understanding1'#ahi and ascribes the same view to ,butler4 ,but then1 by using the word 'reason' so as to include the whole nature of a rational being1 we may ascribe to it the 'origin of those simple ideas which are not excited in the mind by the operation of the senses1 but which arise in consequence of the operation of the intellectual powers among the various objects4'#aij ,hutcheson1 he says1 made his 'moral sense' unsatisfactory by taking his illustrations from the 'secondary' instead of the 'primary qualities1'#aia and thus with the help of intuitive first principles1 ,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 angle4#aib ,it is true that a feeling and a judgment are both involved2 but the 'intellectual judgment' is the groundwork of the feeling1 not the feeling of the judgment4#aic ,in spite1 however1 of this attempt to assimilate his principles to those of the intellectual school1 the substance of ,stewart's ethics is essentially psychological4 ,it rests1 in fact1 upon his view that philosophy depends upon inductive psychology1 and1 therefore1 essentially upon experience subject to the cropping up of convenient 'intuitions4' ,this appears from the nature of his argument against the ,utilitarians4 ,in his time1 this doctrine was associated with the names of ,hartley1 ,tucker1 ,godwin1 and especially ,paley4 ,he scarcely refers to ,bentham4#aid ,paley is the recognised anvil for the opposite school4 ,now he agrees1 as ,i have said1 with ,paley's view of natural theology and entirely accepts therefore the theory of 'final causes4' ,the same theory becomes prominent in his ethical teaching4 ,we may perhaps say that ,stewart's view is in substance an inverted ,utilitarianism4 ,it may be best illustrated by an argument familiar in another application4 ,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 happiness4 ,but from one point of view this appears to be simply to say that the conditions of existence necessitate a certain harmony1 and that the harmony is therefore to be a consequence of his self-preservation4 ,from the opposite point of view1 which ,stewart accepts1 it appears that the self-preservation is the consequence of a pre-established harmony1 which has been divinely appointed in order that he may live4 ,stewart1 in short1 is a 'teleologist' of the ,paley variety4 ,psychology proves the existence of design in the moral world1 as anatomy or physiology proves it in the physical4 ,stewart therefore fully agrees that virtue generally produces happiness4 ,if it be true 7a doctrine1 he thinks1 beyond our competence to decide7 that 'the sole principle of action in the ,deity' is benevolence1 it may be that he has commanded us to be virtuous because he sees virtue to be useful4 ,in this case utility may be the final cause of morality2 and the fact that virtue has this tendency gives the plausibility to utilitarian systems4#aie ,but the key to the difficulty is the distinction between 'final' and 'efficient' causes2 for the efficient cause of morality is not the desire for happiness1 but a primitive and simple instinct1 namely1 the moral faculty4 ,thus he rejects ,paley's notorious doctrine that virtue differs from prudence only in regarding the consequences in another world instead of consequences in this4#aif ,reward and punishment 'presuppose the notions of right and wrong' and cannot be the source of those notions4 ,the favourite doctrine of association1 by which the ,utilitarians explained unselfishness1 is only admissible as accounting for modifications1 such as are due to education and example1 but 'presupposes the existence of certain principles which are common to all mankind4' ,the evidence of such principles is established by a long and discursive psychological discussion4 ,it is enough to say that he admits two rational principles1 'self-love' and the 'moral faculty1' the coincidence of which is learned only by experience4 ,the moral faculty reveals simple 'ideas' of right and wrong1 which are incapable of any further analysis4 ,but besides these1 there is a hierarchy of other instincts or desires1 which he calls 'implanted' because 'for aught we know' they may be of 'arbitrary appointment4'#aig ,resentment1 for example1 is an implanted instinct1 of which the 'final cause' is to defend us against 'sudden violence4'#aih ,stewart's analysis is easygoing and suggests more problems than it solves4 ,the general position1 however1 is clear enough1 and not1 ,i think1 without much real force as against the ,paley form of utilitarianism4 ,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 experience4 ,it suits the amiable optimism for which ,stewart is noticeable4 ,to prove the existence of a perfect deity from the evidence afforded by the world1 you must of course take a favourable view of the observable order4 ,stewart shows the same tendency in his ,political ,economy1 where he is ,adam ,smith's disciple1 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 mankind4 ,in this respect ,stewart differs notably from ,butler1 to whose reasonings he otherwise owed a good deal4 ,with ,butler the conscience implies a dread of divine wrath and justifies the conception of a world alienated from its maker4 ,stewart's 'moral faculty' simply recognises or reveals the moral law2 but carries no suggestion of supernatural penalties4 ,the doctrines by which ,butler attracted some readers and revolted others throw no shadow over his writings4 ,he is a placid enlightened professor1 whose real good feeling and frequent shrewdness should not be overlooked in consequence of the rather desultory and often superficial mode of reasoning4 ,this1 however1 suggests a final remark upon ,stewart's position4 ,in the preface#aii to his ,active and ,moral ,powers 7#ahbh7 ,stewart apologises for the large space given to the treatment of ,natural ,religion4 ,the lectures1 he says1 which form the substance of the book1 were given at a time when 'enlightened zeal for liberty' was associated with the 'reckless boldness of the uncompromising freethinker4' ,he wished1 therefore1 to show that a man could be a liberal without being an atheist4 ,this gives the position characteristic of ,stewart and his friends4 ,the group of eminent men who made ,edinburgh a philosophical centre was thoroughly in sympathy with the rationalist movement of the eighteenth century4 ,the old dogmatic system of belief could be held very lightly even by the more educated clergy4 ,hume's position is significant4 ,he could lay down the most unqualified scepticism in his writings2 but he always regarded his theories as intended for the enlightened2 he had no wish to disturb popular beliefs in theology1 and was a strong ,tory in politics4 ,his friends were quite ready to take him upon that footing4 ,the politeness with which ',mr4 ,hume's' speculations are noticed by men like ,stewart and ,reid is in characteristic contrast to the reception generally accorded to more popular sceptics4 ,they were intellectual curiosities not meant for immediate application4 ,the real opinion of such men as ,adam ,smith and ,stewart was probably a rather vague and optimistic theism4 ,in the professor's chair they could talk to lads intended for the ministry without insulting such old ,scottish prejudice 7there was a good deal of it7 as survived3 and could cover rationalising opinions under language which perhaps might have a different meaning for their hearers4 ,the position was necessarily one of tacit compromise4 ,stewart considers himself to be an inductive philosopher appealing frankly to experience and reason2 and was in practice a man of thoroughly liberal and generous feelings4 ,he was heartily in favour of progress as he understood it4 ,only he will not sacrifice common sense2 that is to say1 the beliefs which are in fact prevalent and congenial to existing institutions4 ,common sense1 of course1 condemns extremes3 and if logic seems to be pushing a man towards scepticism in philosophy or revolution in practice1 he can always protest by the convenient device of intuitions4 ,i have gone so far in order to illustrate the nature of the system which the ,utilitarians took to be the antithesis of their own4 ,it may be finally remarked that at present both sides were equally ignorant of contemporary developments of ,german thought4 ,when ,stewart became aware that there was such a thing as ,kant's philosophy1 he tried to read it in a ,latin version4 ,parr1 ,i may observe1 apparently did not know of this version1 and gave up the task of reading ,german4 ,stewart's example was not encouraging4 ,he had abandoned the 'undertaking in despair' partly from the scholastic barbarism of the style1 partly 'my utter inability to comprehend the author's meaning4' ,he recognises similarity between ,kant and ,reid1 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 mystery4'#bjj ,i have dwelt upon the side in which ,stewart's philosophy approximates to the empirical school1 because the ,utilitarians were apt to misconceive the position4 ,they took ,stewart to be the adequate representative of all who accepted one branch of an inevitable dilemma4 ,the acceptance of 'intuitions1' that is1 was the only alternative to thoroughgoing acceptance of 'experience4' ,they supposed1 too1 that persons vaguely described as ',kant and the ,germans' taught simply a modification of the 'intuitionist' view4 ,i have noticed how emphatically ,stewart claimed to rely upon experience and to base his philosophy upon inductive psychology1 and was so far admitting the first principles and the general methods of his opponents4 ,the ,scottish philosophy1 however1 naturally presented itself as an antagonistic force to the ,utilitarians4 ,the 'intuitions' represented the ultimate ground taken1 especially in religious and ethical questions1 by men who wished to be at once liberal philosophers and yet to avoid revolutionary extremes4 ',intuitions' had in any case a negative value1 as protests against the sufficiency of the empirical analysis4 ,it might be quite true1 for example1 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 insufficient4 ,he had not given an adequate explanation of the facts4 ,the recognition of the insufficiency of his reasoning was highly important if only as a stimulus to inquiry4 ,it was a warning to his and to ,hartley's followers that they had not thoroughly unravelled the perplexity but only cut the knot4 ,but when the insufficiency of the explanation was interpreted as a demonstration that all explanation was impossible1 and the 'intuition' an ultimate 'self-evident' truth1 it became a refusal to inquire just where inquiry was wanted2 a positive command to stop analysis at an arbitrary point2 and a round assertion that the adversary could not help believing precisely the doctrine which he altogether declined to believe4 ,naturally the empiricists refused to bow to an authority which was simply saying1 ',don't inquire further1' without any ground for the prohibition except the 'ipse dixitism' which declared that inquiry must be fruitless4 ,stewart1 in fact1 really illustrated the equivocation between the two meanings of 'common sense4' ,if by that name he understood1 as he professed to understand1 ultimate 'laws of thought1' his position was justifiable as soon as he could specify the laws and prove that they were ultimate4 ,but so far as he virtually took for granted that the average beliefs of intelligent people were such laws1 and on that ground refused to examine the evidence of their validity1 he was inconsistent1 and his position only invited assault4 ,as a fact1 ,i believe that his 'intuitions' covered many most disputable propositions2 and that the more clearly they were stated1 the more they failed to justify his interpretations4 ,he was not really answering the most vital and critical questions1 but implicitly reserving them1 and putting an arbitrary stop to investigations desirable on his own principles4 ,the ,scottish philosophy was1 however1 accepted in ,england1 and made a considerable impression in ,france1 as affording a tenable barrier against scepticism4 ,it was1 as ,i have said1 in philosophy what ,whiggism was in politics4 ,like political ,whiggism it included a large element of enlightened and liberal rationalism2 but like ,whiggism it covered an aversion to thoroughgoing logic4 ,the ,english politician was suspicious of abstract principles1 but could cover his acceptance of tradition and rule of thumb by general phrases about liberty and toleration4 ,the ,whig in philosophy equally accepted the traditional creed1 sufficiently purified from cruder elements1 and sheltered his doctrine by speaking of 'intuitions and laws of thought4' ,in both positions there was really1 ,i take it1 a great deal of sound practical wisdom2 but they also implied a marked reluctance to push inquiry too far1 and a tacit agreement to be content with what the ,utilitarians denounced as 'vague generalities'--phrases1 that is1 which might be used either to conceal an underlying scepticism1 or really to stop short in the path which led to scepticism4 ,in philosophy as in politics1 the ,utilitarians boasted of being thoroughgoing ,radicals1 and hated compromises which to them appeared to be simply obstructive4 ,i need not elaborate a point which will meet us again4 ,if ,i were writing a history of thought in general ,i should have to notice other writers1 though there were none of much distinction1 who followed the teaching of ,stewart or of his opponents of the ,hartley and ,darwin school4 ,it would be necessary also to insist upon the growing interest in the physical sciences1 which were beginning not only to make enormous advances1 but to attract popular attention4 ,for my purpose1 however1 it is ,i think sufficient to mention these writers1 each of whom had a very special relation to the ,utilitarians4 ,i turn1 therefore1 to ,bentham4 ,,notes3 #aeg ,nine volumes of ,dugald ,stewart's works1 edited by ,sir ,w4 ,hamilton1 appeared from #ahed to #ahef2 a tenth1 including a life of ,stewart by ,j4 ,veitch1 appeared in #aheh1 and an eleventh1 with an index to the whole1 in #ahfj4 ,the chief books are the ,elements of the ,philosophy of the ,human ,mind 7in vols4 ii41 iii4 and iv41 originally in #agib1 #ahad1 #ahbg72 ,philosophical ,essays 7in vol4 v41 originally #ahaj72 ,philosophy of the ,active and ,moral ,powers of ,man 7vols4 vi4 and vii41 originally in #ahbh72 ,dissertation on the ,progress of ,philosophy 7in vol4 i42 originally in ,encyclopaedia ,britannica1 in #ahae and #ahba74 ,the lectures on ,political ,economy first appeared in the ,works1 vols4 viii4 and ix4 #aeh ,works1 vi4 7',preface'74 #aei ,works 7,life of ,reid71 x4 #cjd-h4 #afj ,reid's ,works 7,hamilton71 p4 #cjb4 #afa ,reid's ,works 7,hamilton71 p4 #hh4 #afb ,ibid4 #bjf4 #afc ,ibid4 #bfg4 #afd ,stewart's remarks on his life of ,reid3 ,reid's ,works1 p4 #ab1 etc4 #afe ,the ,world as ,will and ,idea 7,haldane ,kemp71 ii4 #ahf4 ,reid's ',inquiry1' he adds1 is ten times better worth reading than all the philosophy together which has been written since ,kant4 #aff ',we are inspired with the sensation1 as we are inspired with the corresponding perception1 by means unknown4'--,reid's ,works1 #ahh4 ',this1' says ,stewart1 'is a plain statement of fact4'--,stewart's ,works1 ii4 #aaa-ab4 #afg ,see ,rosmini's ,origin of ,ideas 7,english translation71 i4 p4 #ia1 where1 though sympathising with ,reid's aim1 he admits a 'great blunder4' #afh ,stewart's ,works1 v4 #bd-ec4 ,hamilton says in a note 7p4 #da7 that ,jeffrey candidly confessed ,stewart's reply to be satisfactory4 #afi ,ibid4 ii4 #df4 #agj ,ibid4 ii4 #de-fg4 #aga ,ibid4 ii4 #aei4 #agb ,ibid4 v4 #ba4 #agc ,stewart's ,works1 ii4 #afe-ic2 iii4 #ha-ig4 ,schopenhauer 7,the ,world as ,will and ,idea1 ii4 #bdj7 admires ,reid's teaching upon this point1 and recommends us not 'to waste an hour over the scribblings of this shallow writer' 7,stewart74 #agd ,rosmini's ,origin of ,ideas 7,english translation71 i4 #if-agf4 #age ,ibid4 i4 #adg n4 #agf ,stewart's ,works1 iv4 #bi1 #ce1 #ch1 and v4 #adi-hh4 #agg ,ibid4 ii4 #ig1 etc41 and iii4 #bce1 #chi1 #dag4 #agh ,works1 vii4 #ac-cd4 #agi ,ibid4 vii4 #bf1 etc4 #ahj ,works1 iv4 #bfe4 #aha ,ibid4 ii4 #eb4 #ahb ,ibid4 v4 #aj4 #ahc ,works1 ii4 #aee4 #ahd ,ibid4 ii4 #ccg4 #ahe ,works1 vi4 #df2 vii4 #aa4 #ahf ,ibid4 vii4 #df4 #ahg ,ibid4 i4 #ceg4 #ahh ,works1 vi4 #cbj4 #ahi ,ibid4 vi4 #bgi4 #aij ,ibid4 vi4 #big4 #aia ,works1 vi4 #bie4 ,cf4 v4 #hc4 #aib ,ibid4 vi4 #bih-ii4 #aic ,ibid4 v4 #hd4 #aid ,in ,works1 vi4 #bje-f1 he quotes ,dumont's ,bentham2 but his general silence is the more significant1 as in the lectures on ,political ,economy he makes frequent and approving reference to ,bentham's tract upon usury4 #aie ,works1 vii4 #bcf-ch4 #aif ,ibid4 vi4 #bba4 #aig ,works1 vi4 #bac4 #aih ,ibid4 vi4 #aii4 #aii ,works1 vi4 #aaa4 #bjj ,works1 v4 #aag #ah4 ,i have given some details as to ,stewart's suffering under an ,english proselyte of ,kant in my ,studies of a ,biographer4 ,,chapter ,v ,,bentham',s ,,life ,i4 ,,early ,,life ,jeremy ,bentham1#bja the patriarch of the ,english ,utilitarians1 sprang from the class imbued most thoroughly with the typical ,english prejudices4 ,his first recorded ancestor1 ,brian ,bentham1 was a pawnbroker1 who lost money by the stop of the ,exchequer in #afgb1 but was neither ruined1 nor1 it would seem1 alienated by the king's dishonesty4 ,he left some thousands to his son1 ,jeremiah1 an attorney and a strong ,jacobite4 ,a second ,jeremiah1 born #bnd ,december #agab1 carried on his father's business1 and though his clients were not numerous1 increased his fortune by judicious investments in houses and lands4 ,although brought up in ,jacobite principles1 he transferred his attachment to the ,hanoverian dynasty when a relation of his wife married a valet of ,george ,,ii4 ,the wife1 ,alicia ,grove1 was daughter of a tradesman who had made a small competence at ,andover4 ,jeremiah ,bentham had fallen in love with her at first sight1 and wisely gave up for her sake a match with a fortune of ,l#aj1jjj4 ,the couple were fondly attached to each other and to their children4 ,the marriage took place towards the end of #agdd1 and the eldest son1 ,jeremy1 was born in ,red ,lion ,street1 ,houndsditch1 #dth ,february #agdg-dh 7o4s47 ,the only other child who grew up was ,samuel1 afterwards ,sir ,samuel ,bentham1 born #aath ,january #ageg4 ,when eighty years old1 ,jeremy gave anecdotes of his infancy to his biographer1 ,bowring1 who says that their accuracy was confirmed by contemporary documents1 and proved his memory to be as wonderful as his precocity4 ,although the child was physically puny1 his intellectual development was amazing4 ,before he was two he burst into tears at the sight of his mother's chagrin upon his refusal of some offered dainty4 ,before he was 'breeched1' an event which happened when he was three and a quarter1 he ran home from a dull walk1 ordered a footman to bring lights and place a folio ,rapin upon the table1 and was found plunged in historical studies when his parents returned to the house4 ,in his fourth year he was imbibing the ,latin grammar1 and at the age of five years nine months and nineteen days1 as his father notes1 he wrote a scrap of ,latin1 carefully pasted among the parental memoranda4 ,the child was not always immured in ,london4 ,his parents spent their ,sundays with the grandfather ,bentham at ,barking1 and made occasional excursions to the house of ,mrs4 ,bentham's mother at ,browning ,hill1 near ,reading4 ,bentham remembered the last as a 'paradise1' and a love of flowers and gardens became one of his permanent passions4 ,jeremy cherished the memory of his mother's tenderness4 ,the father1 though less sympathetic1 was proud of his son's precocity1 and apparently injudicious in stimulating the unformed intellect4 ,the boy was almost a dwarf in size4 ,when sixteen he grew ahead1#bjb and was so feeble that he could scarcely drag himself upstairs4 ,attempts to teach him dancing failed from the extreme weakness of his knees4#bjc ,he showed a taste for music1 and could scrape a minuet on the fiddle at six years of age4 ,he read all such books as came in his way4 ,his parents objected to light literature1 and he was crammed with such solid works as ,rapin1 ,burnet's ,theory of the ,earth1 and ,cave's ,lives of the ,apostles4 ,various accidents1 however1 furnished him with better food for the imagination4 ,he wept for hours over ,clarissa ,harlowe1 studied ,gulliver's ,travels as an authentic document1 and dipped into a variety of such books as then drifted into middle-class libraries4 ,a ,french teacher introduced him to some remarkable books4 ,he read ,telemaque1 which deeply impressed him1 and1 as he thought1 implanted in his mind the seeds of later moralising4 ,he attacked unsuccessfully some of ,voltaire's historical works1 and even read ,candide1 with what emotions we are not told4 ,the servants meanwhile filled his fancy with ghosts and hobgoblins4 ,to the end of his days he was still haunted by the imaginary horrors in the dark1#bjd and he says#bje that they had been among the torments of his life4 ,he had few companions of his own age1 and though he was 'not unhappy' and was never subjected to corporal punishment1 he felt more awe than affection for his father4 ,his mother1 to whom he was strongly attached1 died on #fth ,january #agei4 ,bentham was thus a strangely precocious1 and a morbidly sensitive child1 when it was decided in #agee to send him to ,westminster4 ,the headmaster1 ,dr4 ,markham1 was a friend of his father's4 ,westminster1 he says1 represented 'hell' for him when ,browning ,hill stood for paradise4 ,the instruction 'was wretched1' ,the fagging system was a 'horrid despotism4' ,the games were too much for his strength4 ,his industry1 however1 enabled him to escape the birch1 no small achievement in those days1#bjf and he became distinguished in the studies such as they were4 ,he learned the catechism by heart1 and was good at ,greek and ,latin verses1 which he manufactured for his companions as well as himself4 ,he had also the rarer accomplishment1 acquired from his early tutor1 of writing more easily in ,french than ,english4 ,some of his writings were originally composed in ,french4 ,he was1 according to ,bowring1 elected to one of the ,king's scholarships when between nine and ten1 but as 'ill-usage was apprehended' the appointment was declined4#bjg ,he was at a boarding-house1 and the life of the boys on the foundation was probably rougher4 ,in ,june #agfj his father took him to ,oxford1 and entered him as a commoner at ,queen's ,college4 ,he came into residence in the following ,october1 when only twelve years old4 ,oxford was not more congenial than ,westminster4 ,he had to sign the ,thirty-nine ,articles in spite of scruples suppressed by authority4 ,the impression made upon him by this childish compliance never left him to the end of his life4#bjh ,his experience resembled that of ,adam ,smith and ,gibbon4 ,laziness and vice were prevalent4 ,a gentleman commoner of ,queen's was president of a 'hellfire club1' and brutal horseplay was still practised upon the weaker lads4 ,bentham1 still a schoolboy in age1 continued his schoolboy course4 ,he wrote ,latin verses1 and one of his experiments1 an ode upon the death of ,george ,,ii41 was sent to ,johnson1 who called it 'a very pretty performance for a young man4' ,he also had to go through the form of disputation in the schools4 ,queen's ,college had some reputation at this time for teaching logic4#bji ,bentham was set to read ,watt's ,logic 7#agbe71 ,sanderson's ,compendium artis ,logicae 7#afae71 and ,rowning's ,compendious ,system of ,natural ,philosophy 7#agce-db74 ,some traces of these studies remained in his mind4 ,in #agfc ,bentham took his ,b4,a4 degree1 and returned to his home4 ,it is significant that when robbed of all his money at ,oxford he did not confide in his father4 ,he was paying by a morbid reserve for the attempts made to force him into premature activity4 ,he accepted the career imposed by his father's wishes1 and in ,november #agfc began to eat his dinners in ,lincoln's ,inn4 ,he returned1 however1 to ,oxford in ,december to hear ,blackstone's lectures4 ,these lectures were then a novelty at an ,english university4 ,the ,vinerian professorship had been founded in #ageh in consequence of the success of a course voluntarily given by ,blackstone2 and his lectures contained the substance of the famous ,commentaries1 first published #agfe-agfi4 ,they had a great effect upon ,bentham4 ,he says that he 'immediately detected ,blackstone's fallacy respecting natural rights1' thought other doctrines illogical1 and was so much occupied by these reflections as to be unable to take notes4 ,bentham's dissatisfaction with ,blackstone had not yet made him an opponent of the constituted order4 ,he was present at some of the proceedings against ,wilkes1 and was perfectly bewitched by ,lord ,mansfield's ',grim-gibber1' that is1 taken in by his pompous verbiage4#baj ,in #agfe his father married ,mrs4 ,abbot1 the mother of ,charles ,abbot1 afterwards ,lord ,colchester4 ,bentham's dislike of his step-mother increased the distance between him and his father4 ,he took his ,m4,a4 degree in #agff and in #agfg finally left ,oxford for ,london to begin1 as his father fondly hoped1 a flight towards the woolsack4 ,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 life4 ,his career as a barrister was short and grievously disappointing to the parental hopes4 ,his father1 like the ,elder ,fairford in ,redgauntlet1 had 'a cause or two at nurse' for the son4 ,the son's first thought was to 'put them to death1' ,a brief was given to him in a suit1 upon which ,l#ej depended4 ,he advised that the suit should be dropped and the money saved4 ,other experiences only increased his repugnance to his profession4#baa ,a singularly strong impression had been made upon him by the ,memoirs of ,teresa ,constantia ,phipps1 in which there is an account of vexatious legal proceedings as to the heroine's marriage4 ,he appears to have first read this book in #agei4 ,then1 he says1 the ',demon of ,chicane appeared to me in all his hideousness4 ,i vowed war against him4 ,my vow has been accomplished6'#bab ,bentham thus went to the bar as a 'bear to the stake4' ,he diverged in more than one direction4 ,he studied chemistry under ,fordyce 7#agcf-ahjb71 and hankered after physical science4 ,he was long afterwards 7#aghh7 member of a club to which ,sir ,joseph ,banks1 ,john ,hunter1 ,r4 ,l4 ,edgeworth1 and other men of scientific reputation belonged4#bac ,but he had drifted into a course of speculation1 which1 though more germane to legal studies1 was equally fatal to professional success4 ,the father despaired1 and he was considered to be a 'lost child4' ,,notes3 #bja ,the main authority for ,bentham's ,life is ,bowring's account in the two last volumes of the ,works4 ,bain's ,life of ,james ,mill gives some useful facts as to the later period4 ,there is comparatively little mention of ,bentham in contemporary memoirs4 ,little is said of him in ,romilly's ,life4 ,parr's ,works1 i4 and viii41 contains some letters4 ,see also ,r4 ,dale ,owen's ,threading my ,way pp4 #age-gh4 ,a little book called ,utilitarianism ,unmasked1 by the ,rev4 ,j4 ,f4 ,colls1 ,d4,d4 7#ahdd71 gives some reminiscences by ,colls1 who had been ,bentham's amanuensis for fourteen years4 ,colls1 who took orders1 disliked ,bentham's religious levity1 and denounces his vanity1 but admits his early kindness4 ,voluminous collections of the papers used by ,bowring are at ,university ,college1 and at the ,british ,museum4 #bjb ,works1 x4 #cc4 #bjc ,ibid4 x4 #ca4 #bjd ,ibid4 ix4 #hd4 #bje ,ibid4 x4 #ah4 #bjf ,southey was expelled from ,westminster in #agib for attacking the birch in a schoolboy paper4 #bjg ,works1 x4 #ch4 ,bowring's confused statement1 ,i take it1 means this4 ,bentham1 in any case1 was not on the foundation4 ,see ,welsh's ,alumni ,west4 #bjh ,works1 x4 #cg4 #bji ,ibid4 viii4 #aac1 #bag4 #baj ,works1 x4 #de4 #baa ,ibid4 x4 #ea1 #gh1 #hc4 #bab ,works1 x4 #ce1 #gg4 ,references are given to this book in ,works1 vii4 #bai-bj 7',rationale of ,evidence'74 ,several editions appeared from #agbe to #agfa4 ,see ,works1 vi4 #dfe1 for a recollection of similar experiences4 #bac ,ibid4 viii4 #adh n42 x4 #ahc4 ,,ii4 ,,first ,,writings ,though lost to the bar1 he had really found himself4 ,he had taken the line prescribed by his idiosyncrasy4 ,his father's injudicious forcing had increased his shyness at the bar1 and he was like an owl in daylight4 ,but no one1 as we shall see1 was less diffident in speculation4 ,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 life4 ,bentham shrank from the world in which he was easily browbeaten to the study in which he could reign supreme4 ,he had not the strong passions which prompt commonplace ambition1 and cared little for the prizes for which most men will sacrifice their lives4 ,nor1 on the other hand1 can he be credited with that ardent philanthropy or vehement indignation which prompts to an internecine struggle with actual wrongdoers4 ,he had not the ardour which led ,howard to devote a life to destroy abuses1 or that which turned ,swift's blood to gall in the struggle against triumphant corruption4 ,he was thoroughly amiable1 but of kindly rather than energetic affections4 ,he1 therefore1 desired reform1 but so far from regarding the ruling classes with rancour1 took their part against the democrats4 ',i was a great reformist1' he says1 'but never suspected that the people in power were against reform4 ,i supposed they only wanted to know what was good in order to embrace it4'#bad ,the most real of pleasures for him lay in speculating upon the general principles by which the 'people in power' should be guided4 ,to construct a general chart for legislation1 to hunt down sophistries1 to explode mere noisy rhetoric1 to classify and arrange and re-classify until his whole intellectual wealth was neatly arranged in proper pigeon-holes1 was a delight for its own sake4 ,he wished well to mankind2 he detested abuses1 but he hated neither the corrupted nor the corruptors2 and it might almost seem that he rather valued the benevolent end1 because it gave employment to his faculties1 than valued the employment because it led to the end4 ,this is implied in his remark made at the end of his life4 ,he was1 he said1 as selfish as a man could be2 but 'somehow or other' selfishness had in him taken the form of benevolence4#bae ,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 adoption4 ,like many mechanical inventors1 he took for granted that a process which was shown to be useful would therefore be at once adopted1 and failed to anticipate the determined opposition of the great mass of 'vested interests' already in possession4 ,at this period he made the discovery1 or what he held to be the discovery1 which governed his whole future career4 ,he laid down the principle which was to give the clue to all his investigations2 and1 as he thought1 required only to be announced to secure universal acceptance4 ,when ,bentham revolted against the intellectual food provided at school and college1 he naturally took up the philosophy which at that period represented the really living stream of thought4 ,to be a man of enlightenment in those days was to belong to the school of ,locke4 ,locke represented reason1 free thought1 and the abandonment of prejudice4 ,besides ,locke1 he mentions ,hume1 ,montesquieu1 ,helvetius1 ,beccaria1 and ,barrington4 ,helvetius especially did much to suggest to him his leading principle1 and upon country trips which he took with his father and step-mother1 he used to lag behind studying ,helvetius' ,de l',esprit4#baf ,locke1 he says in an early note 7#aggc-aggd71 should give the principles1 ,helvetius the matter1 of a complete digest of the law4 ,he mentions with especial interest the third volume of ,hume's ,treatise on ,human ,nature for its ethical views3 'he felt as if scales fell from his eyes' when he read it4#bag ,daines ,barrington's ,observations on the ,statutes 7#agff7 interested him by miscellaneous suggestions4 ,the book1 he says1#bah was a 'great treasure4' ',it is everything1 a propos of everything2 ,i wrote volumes upon this volume4' ,beccaria's treatise upon crimes and punishments had appeared in #agfd1 and had excited the applause of ,europe4 ,the world was clearly ready for a fundamental reconstruction of legislative theories4 ,under the influence of such studies ,bentham formulated his famous principle--a principle which to some seemed a barren truism1 to others a mere epigram1 and to some a dangerous falsehood4 ,bentham accepted it not only as true1 but as expressing a truth of extraordinary fecundity1 capable of guiding him through the whole labyrinth of political and legislative speculation4 ,his 'fundamental axiom' is that 'the greatest happiness of the greatest number is the measure of right and wrong4'#bai ,bentham himself#bbj attributes the authorship of the phrase to ,beccaria or ,priestley4 ,the general order of thought to which this theory belongs was of course not the property of any special writer or any particular period4 ,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 7as his title says7 'to introduce a mathematical calculation on subjects of morality4' ,this defines the exact reason which made it acceptable to ,bentham4 ,for the vague reference to utility which appears in ,hume and other writers of his school1 he substituted a formula1 the terms of which suggest the possibility of an accurate quantitative comparison of different sums of happiness4 ,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 sun1 and the more precise statement that the law of gravitation varies inversely as the square of the distance4 ,bentham hoped for no less an achievement than to become the ,newton of the moral world4 ,bentham1 after leaving ,oxford1 took chambers in ,lincoln's ,inn4 ,his father on his second marriage had settled some property upon him1 which brought in some ,l#ij a year4 ,he had to live like a gentleman upon this1 and to give four guineas a year to the laundress1 four to his barber1 and two to his shoeblack4 ,in spite of ,jeremy's deviation from the path of preferment1 the two were on friendly terms1 and when the hopes of the son's professional success grew faint1 the father showed sympathy with his literary undertakings4 ,jeremy visited ,paris in #aggj1 but made few acquaintances1 though he was already regarded as a 'philosopher4' ,in #aggh he was in correspondence with d',alembert1 the abbe ,morellet1 and other philanthropic philosophers1 but it does not appear at what time this connection began4#bba ,he translated ,voltaire's ,taureau ,blanc#bbb--;a story which used to 'convulse him with laughter4' ,a reference to it will show that ,bentham by this time took the ,voltairean view of the ,old ,testament4 ,bentham1 however1 was still on the side of the ,tories4 ,his first publication was a defence of ,lord ,mansfield in #aggj against attacks arising out of the prosecution of ,woodfall for publishing ,junius's letter to the king4 ,this defence1 contained in two letters1 signed ,irenaeus1 was published in the ,gazetteer4 ,bentham's next performance was remarkable in the same sense4 ,among the few friends who drifted to his chambers was ,john ,lind 7#agcg-agha71 who had been a clergyman1 and after acting as tutor to a prince in ,poland1 had returned to ,london and become a writer for the press4 ,he had business relations with the elder ,bentham1 and the younger ,bentham was to some extent his collaborator in a pamphlet#bbc which defended the conduct of ministers to the ,american colonies4 ,bentham observes that he was prejudiced against the ,americans by the badness of their arguments1 and thought from the first1 as he continued to think1 that the ,declaration of ,independence was a hodge-podge of confusion and absurdity1 in which the thing to be proved is all along taken for granted4#bbd ,two other friendships were formed by ,bentham about this time3 one with ,james ,trail1 an unsuccessful barrister1 who owed a seat in ,parliament and some minor offices to ,lord ,hertford1 and is said by ,romilly to have been a man of great talent2 and one with ,george ,wilson1 afterwards a leader of the ,norfolk circuit1 who had become known to him through a common interest in ,dr4 ,fordyce's lectures upon chemistry4 ,wilson became a bosom friend1 and was one of ,bentham's first disciples1 though they were ultimately alienated4#bbe ,at this time1 ,bentham says1 that his was 'truly a miserable life4'#bbf ,yet he was getting to work upon his grand project4 ,he tells his father on #ast ,october #aggf that he is writing his ,critical ,elements of ,jurisprudence1 the book of which a part was afterwards published as the ,introduction to the ,principles of ,morals and ,legislation4#bbg ,in the same year he published his first important work1 the ,fragment on ,government4 ,the year was in many ways memorable4 ,the ,declaration of ,independence marked the opening of a new political era4 ,adam ,smith's ,wealth of ,nations and ,gibbon's ,decline and ,fall formed landmarks in speculation and in history2 and ,bentham's volume1 though it made no such impression1 announced a serious attempt to apply scientific methods to problems of legislation4 ,the preface contained the first declaration of his famous formula which was applied to the confutation of ,blackstone4 ,bentham was apparently roused to this effort by recollections of the ,oxford lectures4 ,the ,commentaries contained a certain quantity of philosophical rhetoric2 and as ,blackstone was much greater in a literary than in a philosophical sense1 the result was naturally unsatisfactory from a scientific point of view4 ,he had vaguely appealed to the sound ,whig doctrine of social compact1 and while disavowing any strict historical basis had not inquired too curiously what was left of his supposed foundation4 ,bentham pounced upon the unfortunate bit of verbiage2 insisted upon asking for a meaning when there was nothing but a rhetorical flourish1 and tore the whole flimsy fabric to rags and tatters4 ,a more bitter attack upon ,blackstone1 chiefly1 as ,bowring says1 upon his defence of the ,jewish law1 was suppressed for fear of the law of libel4#bbh ,the ,fragment was published anonymously1 but ,bentham had confided the secret to his father by way of suggesting some slight set-off against his apparent unwillingness to emerge from obscurity4 ,the book was at first attributed to ,lord ,mansfield1 ,lord ,camden1 and to ,dunning4 ,it was pirated in ,dublin2 and most of the five hundred copies printed appear to have been sold1 though without profit to the author4 ,the father's indiscretion let out the secret2 and the sale1 when the book was known to be written by a nobody1 fell off at once1 or so ,bentham believed4 ,the anonymous writer1 however1 was denounced and accused of being the author of much ribaldry1 and among other accusations was said to be not only the translator but the writer of the ,white ,bull4#bbi ,bentham had fancied that all manner of 'torches from the highest regions' would come to light themselves at his 'farthing candle4' ,none of them came1 and he was left for some years in obscurity1 though still labouring at the great work which was one day to enlighten the world4 ,at last1 however1 partial recognition came to him in a shape which greatly influenced his career4 ,lord ,shelburne1 afterwards marquis of ,lansdowne1 had been impressed by the ,fragment1 and in #agha sought out ,bentham at his chambers4 ,shelburne's career was to culminate in the following year with his brief tenure of the premiership 7#crd ,july #aghb to #bdth ,february #aghc74 ,rightly or wrongly his contemporaries felt the distrust indicated by his nickname ',malagrida1' which appears to have been partly suggested by a habit of overstrained compliment4 ,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 affairs4 ,although his education had been bad1 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 day4 ,he had enjoyed the friendship of ,franklin1 and had been the patron of ,priestley1 who made some of his chemical discoveries at ,bowood1 and to whom he allowed an annuity4 ,he belonged to that section of the ,whigs which had most sympathy with the revolutionary movement4 ,his chief political lieutenants were ,dunning and ,barre1 who at the time sat for his borough ,calne4 ,he now rapidly formed an intimacy with ,bentham1 who went to stay at ,bowood in the autumn of #agha4 ,bentham now and then in later years made some rather disparaging remarks upon ,shelburne1 whom he apparently considered to be rather an amateur than a serious philosopher1 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 thoughtless4 ,he respected ,shelburne1 however1 as one who trusted the people1 and was distrusted by the ,whig aristocracy4 ,he felt1 too1 a real affection and gratitude for the patron to whom he owed so much4 ,shelburne had done him a great service4#bcj ',he raised me from the bottomless pit of humiliation4 ,he made me feel ,i was something4' ,the elder ,bentham was impressed by his son's acquaintance with a man in so eminent a position1 and hoped that it might lead by a different path to the success which had been missed at the bar4 ,at ,bowood ,bentham stayed over a month upon his first visit1 and was treated in the manner appropriate to a philosopher4 ,the men showed him friendliness1 dashed with occasional contempt1 and the ladies petted him4 ,he met ,lord ,camden and ,dunning and young ,william ,pitt1 and some minor adherents of the great man4 ,pitt was 'very good-natured and a little raw4' ,i was monstrously 'frightened at him1' but1 when ,i came to talk with him1 he seemed 'frightened at me4'#bca ,bentham1 however1 did not see what ideas they were likely to have in common4 ,in fact there was the usual gulf between the speculative thinker and the practical man4 ',all the statesmen1' so thought the philosopher1 'were wanting in the great elements of statesmanship'3 they were always talking about 'what was' and seldom or never about 'what ought to be4'#bcb ,occasionally1 it would seem1 they descended lower1 and made a little fun of the shy and over-sensitive intruder4#bcc ,the ladies1 however1 made it up to him4 ,shelburne made him read his 'dry metaphysics' to them1#bcd and they received it with feminine docility4 ,lord ,shelburne had lately 7#aggi7 married his second wife1 ,louisa1 daughter of the first earl of ,upper ,ossory4 ,her sister1 ,lady ,mary ,fitz-,patrick1 married in #agff to ,stephen ,fox1 afterwards ,lord ,holland1 was the mother of the ,lord ,holland of later days and of ,miss ,caroline ,fox1 who survived till #ahde1 and was at this time a pleasant girl of thirteen or fourteen4 ,lady ,shelburne had also two half-sisters1 daughters of her mother's second marriage to ,richard ,vernon4 ,lady ,shelburne took a fancy to ,bentham1 and gave him the 'prodigious privilege' of admission to her dressing-room4 ,though haughty in manner1 she was mild in reality1 and after a time she and her sister indulged in 'innocent gambols4' ,in her last illness1 ,bentham was one of the only two men whom she would see1 and upon her death in #aghi1 he was the only male friend to whom her husband turned for consolation4 ,miss ,fox seems to have been the only woman who inspired ,bentham with a sentiment approaching to passion4 ,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 child4#bce ,he made an offer of marriage to ,miss ,fox in #ahje1 when he was nearer sixty than fifty1 and when they had not met for sixteen years4 ,the immediate occasion was presumably the death of ,lord ,lansdowne4 ,she replied in a friendly letter1 regretting the pain which her refusal would inflict4 ,in #ahbg ,bentham1 then in his eightieth year1 wrote once more1 speaking of the flower she had given him 'in the green lane1' and asking for a kind answer4 ,he was 'indescribably hurt and disappointed' by a cold and distant reply4 ,the tears would come into the old man's eyes as he dealt upon the cherished memories of ,bowood4#bcf ,it is pleasant to know that ,bentham was once in love2 though his love seems to have been chiefly for a memory associated with what he called the happiest time of his life4 ,shelburne had a project for a marriage between ,bentham and the widow of ,lord ,ashburton 7,dunning71 who died in #aghc4bcg ,he also made some overtures of patronage4 ',he asked me1' says ,bentham1#bch 'what he could do for me8 ,i told him1 nothing1' and this conduct--so different from that of others1 'endeared me to him4' ,bentham declined one offer in #aghh2 but in #agij he suddenly took it into his head that ,lansdowne had promised him a seat in parliament2 and immediately set forth his claims in a vast argumentative letter of sixty-one pages4#bci ,lansdowne replied conclusively that he had not made the supposed promise1 and had had every reason to suppose that ,bentham preferred retirement to politics4 ,bentham accepted the statement frankly1 though a short coolness apparently followed4 ,the claim1 in fact1 only represented one of those passing moods to which ,bentham was always giving way at odd moments4 ,bentham's intimacy at ,bowood led to more important results4 ,in #aghh he met ,romilly and ,dumont at ,lord ,lansdowne's table4#bdj ,he had already met ,romilly in #aghd through ,wilson1 but after this the intimacy became close4 ,romilly had fallen in love with the ,fragment1 and in later life he became ,bentham's adviser in practical matters1 and the chief if not the sole expounder of ,bentham's theories in parliament4#bda ,the alliance with ,dumont was of even greater importance4 ,dumont1 born at ,geneva in #agei1 had become a ,protestant minister2 he was afterwards tutor to ,shelburne's son1 and in #aghh visited ,paris with ,romilly and made acquaintance with ,mirabeau4 ,romilly showed ,dumont some of ,bentham's papers written in ,french4 ,dumont offered to rewrite and to superintend their publication4 ,he afterwards received other papers from ,bentham himself1 with whom he became personally acquainted after his return from ,paris4#bdb ,dumont became ,bentham's most devoted disciple1 and laboured unweariedly upon the translation and condensation of his master's treatise4 ,one result is odd enough4 ,dumont1 it is said1 provided materials for some of ,mirabeau's 'most splendid' speeches2 and some of these materials came from ,bentham4#bdc ,one would like to see how ,bentham's prose was transmuted into an oratory by ,mirabeau4 ,in any case1 ,dumont's services to ,bentham were invaluable4 ,it is painful to add that according to ,bowring the two became so much alienated in the end1 that in #ahbg ,bentham refused to see ,dumont1 and declared that his chief interpreter did 'not understand a word of his meaning4' ,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 'offensive1 uncalled-for1 and groundless4'#bdd ,bentham apparently argued that a man who did not like his dinners could not appreciate his theories3 a fallacy excusable only by the pettishness of old age4 ,bowring1 however1 had a natural dulness which distorted many anecdotes transmitted through him2 and we may hope that in this case there was some exaggeration4 ,bentham's emergence was1 meanwhile1 very slow4 ,the great men whom he met at ,lord ,lansdowne's were not specially impressed by the shy philosopher4 ,wedderburn1 so he heard1 pronounced the fatal word 'dangerous' in regard to the ,fragment4#bde ,how1 thought ,bentham1 can utility be dangerous8 ,is this not self-contradictory8 ,later reflection explained the puzzle4 ,what is useful to the governed need not be therefore useful to the governors4 ,mansfield1 who was known to ,lind1 said that in some parts the author of the ,fragment was awake and in others was asleep4 ,in what parts8 ,bentham wondered4 ,awake1 he afterwards considered1 in the parts where ,blackstone1 the object of ,mansfield's personal 'heart-burning1' was attacked2 asleep where ,mansfield's own despotism was threatened4 ,camden was contemptuous2 ,dunning only 'scowled' at him2 and ,barre1 after taking in his book1 gave it back with the mysterious information that he had 'got into a scrape4'#bdf ,the great book1 therefore1 though printed in #agha1bdg 'stuck for eight years1'#bdh and the writer continued his obscure existence in ,lincoln's ,inn4#bdi ,an opinion which he gave in some question as to the evidence in ,warren ,hastings's trial made1 he says1 an impression in his favour4 ,before publication was achieved1 however1 a curious episode altered ,bentham's whole outlook4 ,his brother ,samuel 7#ageg-ahca71 whose education he had partly superintended1#bej had been apprenticed to a shipwright at ,woolwich1 and in #aghj had gone to ,russia in search of employment4 ,three years later he was sent by ,prince ,potemkin to superintend a great industrial establishment at ,kritchev on a tributary of the ,dnieper4 ,there he was to be ',jack-of-all-trades--building ships1 like ,harlequin1 of odds and ends--a rope-maker1 a sail-maker1 a distiller1 brewer1 malster1 tanner1 glass-man1 glass-grinder1 potter1 hemp-spinner1 smith1 and coppersmith4'#bea ,he was1 that is1 to transplant a fragment of ready-made ,western civilisation into ,russia4 ,bentham resolved to pay a visit to his brother1 to whom he was strongly attached4 ,he left ,england in ,august #aghe1 and stayed some time at ,constantinople1 where he met ,maria ,james 7#aggj-ahcf71 the wife successively of ,w4 ,reveley and of ,john ,gisborne1 and the friend of ,shelley4 ,thence he travelled by land to ,kritchev1 and settled with his brother at the neighbouring estate of ,zadobras4 ,bentham here passed a secluded life1 interested in his brother's occupations and mechanical inventions1 and at the same time keeping up his own intellectual labours4 ,the most remarkable result was the ,defence of ,usury1 written in the beginning of #aghg4 ,bentham appends to it a respectful letter to ,adam ,smith1 who had supported the laws against usury inconsistently with his own general principles4 ,the disciple was simply carrying out those principles to the logical application from which the master had shrunk4 ,the manuscript was sent to ,wilson1 who wished to suppress it4#beb ,the elder ,bentham obtained it1 and sent it to the press4 ,the book met ,bentham as he was returning4 ,it was highly praised by ,thomas ,reid1#bec and by the ,monthly ,review2 it was translated into various languages1 and became one of the sacred books of the ,economists4 ,wilson is described as 'cold and cautious1' and he suppressed another pamphlet upon prison discipline4#bed ,in a letter to ,bentham1 dated #bfth ,february #aghg1 however1 ,wilson disavows any responsibility for the delay in the publication of the great book4 ',the cause1' he says1 'lies in your constitution4 ,with one-tenth part of your genius1 and a common degree of steadiness1 both ,sam and you would long since have risen to great eminence4 ,but your history1 since ,i have known you1 has been to be always running from a good scheme to a better4 ,in the meantime life passes away and nothing is completed4' ,he entreated ,bentham to return1 and his entreaties were seconded by ,trail1 who pointed out various schemes of reform1 especially of the poor-laws1 in which ,bentham might be useful4 ,wilson had mentioned already another inducement to publication4 ',there is1' he says1 on #bdth ,september #aghf1 'a ,mr4 ,paley1 a parson and archdeacon of ,carlisle1 who has written a book called ,principles of ,moral and ,political ,philosophy1 in quarto1 and it has gone through two editions with prodigious applause4' ,he fears that ,bentham will be charged with stealing from ,paley1 and exhorts him to come home and 'establish a great literary reputation in your own language1 and in this country which you despise4'#bee ,bentham at last started homewards4 ,he travelled through ,poland1 ,germany1 and ,holland1 and reached ,london at the beginning of ,february #aghh4 ,he settled at a little farmhouse at ,hendon1 bought a 'superb harpsichord1' resumed his occupations1 and saw a small circle of friends4 ,wilson urged him to publish his ,introduction without waiting to complete the vast scheme to which it was to be a prologue4 ,copies of the printed book were already abroad1 and there was a danger of plagiarism4 ,thus urged1 ,bentham at last yielded1 and the ,introduction to the ,principles of ,morals and ,legislation appeared in #aghi4 ,the preface apologised for imperfections due to the plan of his work4 ,the book1 he explained1 laid down the principles of all his future labours1 and was to stand to him in the relation of a treatise upon pure mathematics to a treatise upon the applied sciences4 ,he indicated ten separate departments of legislation1 each of which would require a treatise in order to the complete execution of his scheme4 ,the book gives the essence of ,bentham's theories1 and is the one large treatise published by himself4 ,the other works were only brought to birth by the help of disciples4 ,dumont1 in the discourse prefixed to the ,traites1 explains the reason4 ,bentham1 he says1 would suspend a whole work and begin a new one because a single proposition struck him as doubtful4 ,a problem of finance would send him to a study of ,political ,economy in general4 ,a question of procedure would make him pause until he had investigated the whole subject of judicial organisation4 ,while at work1 he felt only the pleasure of composition4 ,when his materials required form and finish1 he felt only the fatigue4 ,disgust succeeded to charm2 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 writings4 ,he was without the literary vanity or the desire for completion which may prompt to premature publication1 but may at least prevent the absolute waste of what has been already achieved4 ,his method of writing was characteristic4 ,he began by forming a complete logical scheme for the treatment of any subject1 dividing and subdividing so as to secure an exhaustive classification of the whole matter of discussion4 ,then taking up any subdivision1 he wrote his remarks upon sheets1 which were put aside after being marked with references indicating their place in the final treatise4 ,he never turned to these again4 ,in time he would exhaust the whole subject1 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 edifice4#bef ,as1 however1 the plan would frequently undergo a change1 and as each fragment had been written without reference to the others1 the task of ultimate combination and adaptation of the ultimate atoms was often very perplexing4 ,bentham1 as we shall see1 formed disciples ardent enough to put together these scattered documents as the disciples of ,mahomet put together the ,koran4 ,bentham's revelation was possibly less influential than ,mahomet's2 but the logical framework was far more coherent4 ,bentham's mind was for the present distracted4 ,he had naturally returned full of information about ,russia4 ,the ,english ministry were involved in various negotiations with ,russia1 ,sweden1 and ,denmark1 the purpose of which was to thwart the designs of ,russia in the ,east4 ,bentham wrote three letters to the ,public ,advertiser1 signed ,anti-,machiavel1#beg protesting against the warlike policy4 ,bentham himself believed that the effect was decisive1 and that the 'war was given up' in consequence of his arguments4 ,historians#beh scarcely sanction this belief1 which is only worth notice because it led to another belief1 oddly characteristic of ,bentham4 ,a letter signed ',partizan' in the ,public ,advertiser replied to his first two letters4 ,who was ',partizan'8 ,lord ,lansdowne amused himself by informing ,bentham that he was no less a personage than ,george ,,iii4 ,bentham1 with even more than his usual simplicity1 accepted this hoax as a serious statement4 ,he derived no little comfort from the thought2 for to the antipathy thus engendered in the 'best of kings' he attributed the subsequent failure of his ,panopticon scheme4#bei ,,notes3 #bad ,works1 x4 #ff4 #bae ,ibid4 xi4 #ie4 #baf ,works1 x4 #ed4 #bag ,ibid4 i4 #bfh n4 #bah ,works1 x4 #aba4 #bai ,ibid4 i4 #bbg4 #bbj ,ibid4 x4 #gi1 #adb4 ,see also ,deontology1 i4 #bih-cjb1 where ,bentham speaks of discovering the phrase in ,priestley's ,essay on ,government in #agfh4 ,priestley says 7p4 #ag7 that 'the good and happiness of the members1 that is of the majority of the members1 of any state is the great standard by which everything relating to that state must be finally determined4' ,so ,le ,mercier de la ,riviere says1 in #agfg1 that the ultimate end of society is assurer le plus grand bonheur possible a la plus grande population possible 7,daire's ,economistes1 p4 #dgj74 ,hutcheson's ,enquiry concerning ,moral ,good and ,evil1 #agbe1 see iii4 ,sec4 #h1 says 'that action is best which secures the greatest happiness of the greatest number4' ,beccaria1 in the preface to his essay1 speaks of la massima felicita divisa nel maggior numero4 ,j4 ,s4 ,mill says that he found the word ',utilitarian' in ,galt's ,annals of the ,parish1 and gave the name to the society founded by him in #ahbb-ahbc 7,autobiography1 p4 #gi74 ,the word had been used by ,bentham himself in #agha1 and he suggested it to ,dumont in #ahjb as the proper name of the party1 instead of ',benthamite' 7,works1 x4 #ib1 #cij74 ,he afterwards thought it a bad name1 because it gave a 'vague idea' 7,works1 x4 #ehb71 and substituted 'greatest happiness principle' for 'principle of utility' 7,works1 i4 ',morals and ,legislation'74 #bba ,a letter in the ,additional ,,mss4 #cc1 #ecg1 shows that ,bentham sent his ',fragment' and his ',hard ,labour' pamphlet to d',alembert in #aggh1 apparently introducing himself for the first time4 ,cf4 ,works1 x4 #hg-hh1 #aic-id4 #bbb ,the translation of #aggd4 ,see ,lowndes' ,manual under ,voltaire1 ,works1 x4 #hc n4 #bbc ,review of the ,acts of the ,thirteenth ,parliament1 etc4 7#agge74 #bbd ,works1 x4 #eg1 #fc4 #bbe ,works1 x4 #acc-ce4 #bbf ,ibid4 x4 #hd4 #bbg ,ibid4 x4 #gg4 #bbh ,works1 x4 #hb4 #bbi ,works1 x4 #gg-hb4 ,blackstone took no notice of the work1 except by some allusions in the preface to his next edition4 ,bentham criticised ,blackstone respectfully in the pamphlet upon the ,hard ,labour ,bill 7#aggh74 ,blackstone sent a courteous but 'frigidly cautious' reply to the author4--,works1 i4 #bee4 #bcj ,works1 x4 #aae-ag1 #ahf #bca ,ibid4 x4 #ajj4 #bcb ,ibid4 x4 #abb4 #bcc ,ibid4 x4 #aah2 i4 #bec4 #bcd ,works1 x4 #ig2 i4 #beb4 #bce ,ibid4 x4 #bai1 #bfe4 #bcf ,works1 x4 #aah1 #dai1 #eeh4 #bcg ,ibid4 i4 #bec4 #bch ,ibid4 x4 #aaf1 #ahb4 #bci ,ibid4 x4 #bbh-db4 #bdj ,ibid4 x4 #ahf4 #bda ,works1 v4 #cgj4 #bdb ,souvenirs sur ,mirabeau 7preface74 #bdc ,works1 x4 #ahe4 #bdd ,works1 x4 #ahe4 ,colls 7p4 #da7 tells the same story4 #bde ,works 7',fragment1 etc4'71 i4 #bde1 and ,ibid4 ii4 #dfc n4 #bdf ,ibid4 i4 #bdf1 #bej1 #bea4 #bdg ,ibid4 i4 #beb4 #bdh ,ibid4 x4 #ahe4 #bdi ,bentham says 7,works1 i4 #bdj7 that he was a member of a club of which ,johnson was the despot4 ,the only club possible seems to be the ,essex ,street ,club1 of which ,daines ,barrington was a member4 ,if so1 it was in #aghc1 though ,bentham seems to imply an earlier date4 #bej ,works1 x4 #gg4 #bea ,ibid4 x4 #adg4 #beb ,works1 x4 #agf4 #bec ,reid's ,works 7,hamilton71 p4 #gc4 #bed ,works1 x4 #aga4 #bee ,works1 x4 #afc-fd4 ,cf4 ,ibid4 x4 #aie1 where ,wilson is often 'tempted to think'--erroneously1 of course--that ,paley must have known something of ,bentham's work4 ,paley's chief source was ,abraham ,tucker4 #bef ,see ,j4 ,h4 ,burton in ,works1 i4 #aa4 #beg ,given in ,works1 x4 #bja-ab4 #beh ,see ,lecky's ,eighteenth ,century1 x4 #baj-ig1 for an account of these transactions4 #bei ,bowring tells this gravely1 and declares that ,george ,,iii4 also wrote letters to the ,gazette de ,leyde4 ,george ,,iii4 certainly contributed some letters to ,arthur ,young's ,annals of ,agriculture1 and is one of the suggested authors of ,junius4 ,,iii4 ,,the ,,panopticon ,the crash of the ,french revolution was now to change the whole course of ,european politics1 and to bring philosophical jurists face to face with a long series of profoundly important problems4 ,bentham's attitude during the early stages of the revolution and the first war period is significant1 and may help to elucidate some characteristics of the ,utilitarian movement4 ,revolutions are the work of passion3 the product of a social and political condition in which the masses are permeated with discontent1 because the social organs have ceased to discharge their functions4 ,they are not ascribable to the purely intellectual movement alone1 though it is no doubt an essential factor4 ,the revolution came in any case because the social order was out of joint1 not simply because ,voltaire or ,rousseau or ,diderot had preached destructive doctrines4 ,the doctrines of the 'rights of man' are obvious enough to have presented themselves to many minds at many periods4 ,the doctrines became destructive because the old traditions were shaken1 and the traditions were shaken because the state of things to which they corresponded had become intolerable4 ,the ,french revolution meant 7among other things7 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 population1 retaining1 as ,arthur ,young said1 privileges for himself1 and leaving poverty to the lower classes4 ,the peasant had not read ,rousseau2 he had read nothing4 ,but when his discontent began to affect the educated classes1 men who had read ,rousseau found in his works the dialect most fitted to express the growing indignation4 ,rousseau's genius had devised the appropriate formula2 for ,rousseau's sensibility had made him prescient of the rising storm4 ,what might be a mere commonplace for speculative students suddenly became the warcry in a social upheaval4 ,in ,england1 as ,i have tried to show1 there was no such popular sentiment behind the political theories3 and reformers were content with measures which required no appeal to absolute rights and general principles4 ,bentham was no ,rousseau2 and the last of men to raise a warcry4 ,passion and sentimentalism were to him a nuisance4 ,his theories were neither suggested nor modified by the revolution4 ,he looked on with curious calmness1 as though the revolutionary disturbances were rather a transitory interruption to the progress of reform than indicative of a general convulsion4 ,his own position was isolated4 ,he had no strong reforming party behind him4 ,the ,whigs1 his main friends1 were powerless1 discredited1 and themselves really afraid to support any vigorous policy4 ,they had in the main to content themselves with criticising the warlike policy which1 for the time1 represented the main current of national sentiment4 ,bentham shared many of their sympathies4 ,he hated the abstract 'rights of man' theory as heartily as ,burke4 ,it was to him a 'hodge-podge' of fallacies4 ,on the other hand1 he was absolutely indifferent to the apotheosis of the ,british ,constitution constructed by ,burke's imagination4 ,he cared nothing for history in general1 or regarded it1 from a ,voltairean point of view1 as a record of the follies and crimes of mankind4 ,he wished to deal with political1 and especially with legal1 questions in a scientific spirit--but 'scientific' would mean not pure mathematics but pure empiricism4 ,he was quite as far from ,paine's abstract methods as from ,burke's romantic methods4 ,both of them1 according to him1 were sophists3 though one might prefer logical and the other sentimental sophistries4 ,dumont1 when he published 7#ahjb7 his versions of ,bentham1 insisted upon this point4 ,nothing1 he says1 was more opposed to the trenchant dogmatism of the abstract theorists about 'rights of man' and 'equality' than ,bentham's thoroughly scientific procedure 7,discours ,preliminaire74 ,bentham's intellectual position in this respect will require further consideration hereafter4 ,all his prejudices and sympathies were those of the middle class from which he sprang4 ,he was no democrat3 he had no particular objection to the nobility1 though he preferred ,shelburne to the king's friends or to the ,whig aristocracy4 ,the reforms which he advocated were such as might be adopted by any enlightened legislator1 not only by ,shelburne but even by ,blackstone4 ,he had only1 he thought1 to convert a few members of parliament to gain the acceptance for a rational criminal code4 ,it had hardly even occurred to him that there was anything wrong in the general political order1 though he was beginning to find out that it was not so modifiable as he could have wished by the new ideas which he propounded4 ,bentham's activity during the first revolutionary war corresponded to this position4 ,the revolution1 whatever else it might do1 obviously gave a chance to amateur legislators4 ,there was any amount of work to be done in the way of codifying and reforming legislative systems4 ,the deviser of ,utopias had such an opening as had never occurred in the world's history4 ,lord ,lansdowne1 on the #crd ,january #aghi1 expresses his pleasure at hearing that ,bentham intends to 'take up the cause of the people in ,france4'#bfj ,bentham1 as we have seen1 was already known to some of the ,french leaders1 and he was now taking time by the forelock4 ,he sent to the abbe ,morellet a part of his treatise on ,political ,tactics1 hoping to have it finished by the time of the meeting of the ,states ,general4#bfa ,this treatise1 civilly accepted by ,morellet1 and approved with some qualifications by ,bentham's counsellors1 ,romilly1 ,wilson1 and ,trail1 was an elaborate account of the organisation and procedure of a legislative assembly1 founded chiefly on the practice of the ,house of ,commons4 ,it was published in #ahaf by ,dumont in company with ,anarchic ,fallacies1 a vigorous exposure of the ,declaration of ,rights1 which ,bentham had judiciously kept on his shelf4 ,had the ,french known of it1 he remarks afterwards1 they would have been little disposed to welcome him4#bfb ,an elaborate scheme for the organisation of the ,french judiciary was suggested by a report to the ,national ,assembly1 and published in ,march #agij4 ,in #agia1 ,bentham offered to go to ,france himself in order to establish a prison on his new scheme 7to be mentioned directly71 and become 'gratuitously the gaoler thereof4'#bfc ,the ,assembly acknowledged his 'ardent love of humanity1' and ordered an extract from his scheme to be printed for their instruction4 ,the tactics actually adopted by the ,french revolutionists for managing assemblies and their methods of executing justice form a queer commentary on the philosopher who1 like ,voltaire's ,mamres in the ,white ,bull1 continued to 'meditate profoundly' in placid disregard of facts4 ,he was in fact proposing that the lava boiling up in a volcanic eruption should arrange itself entirely according to his architectural designs4 ,but his proposal to become a gaoler during the revolution reaches the pathetic by its amiable innocence4 ,on #bfth ,august #agib1 ,bentham was one of the men upon whom the expiring ,assembly1 anxious to show its desire of universal fraternity1 conferred the title of citizen4 ,with ,bentham were joined ,priestley1 ,paine1 ,wilberforce1 ,clarkson1 ,washington1 and others4 ,the ,september massacres followed4 ,on #ahth ,october the honour was communicated to ,bentham4 ,he replied in a polite letter1 pointing out that he was a royalist in ,london for the same reason which would make him a republican in ,france4 ,he ended by a calm argument against the proscription of refugees4#bfd ,the ,convention1 if it read the letter1 and had any sense of humour1 must have been amused4 ,the war and the ,reign of ,terror followed4 ,bentham turned the occasion to account by writing a pamphlet 7not then published7 exhorting the ,french to 'emancipate their colonies4' ,colonies were an aimless burthen1 and to get rid of them would do more than conquest to relieve their finances4 ,british fleets and the insurrection of ,st4 ,domingo were emancipating by very different methods4 ,bentham was1 of course1 disgusted by the divergence of his clients from the lines chalked out by proper respect for law and order4 ,on #cast ,october #agic he writes to a friend1 expressing his wish that ,jacobinism could be extirpated2 no price could be too heavy to pay for such a result3 but he doubts whether war or peace would be the best means to the end1 and protests against the policy of appropriating useless and expensive colonies instead of 'driving at the heart of the monster4'#bfe ,never was an adviser more at cross-purposes with the advised4 ,it would be impossible to draw a more striking portrait of the abstract reasoner1 whose calculations as to human motives omit all reference to passion1 and who fancied that all prejudice can be dispelled by a few bits of logic4 ,meanwhile a variety of suggestions more or less important and connected with passing events were seething in his fertile brain4 ,he wrote one of his most stinging pamphlets1 ',truth versus ,ashhurst' in ,december #agib1 directed against a judge who1 in the panic suggested by the ,september massacres1 had eulogised the ,english laws4 ,bentham's aversion to ,jacobin measures by no means softened his antipathy to ,english superstitions2 and his attack was so sharp that ,romilly advised and obtained its suppression for the time4 ,projects as to war-taxes suggested a couple of interesting pamphlets written in #agic1 and published in #agie4 ,in connection with this1 schemes suggested themselves to him for improved systems of patents1 for limited liability companies and other plans4#bff ,his great work still occupied him at intervals4 ,in #agic he offers to ,dundas to employ himself in drafting ,statutes1 and remarks incidentally that he could legislate for ,hindostan1 should legislation be wanted there1 as easily as for his own parish4#bfg ,in #agid1 ,dumont is begging him to 'conquer his repugnance' to bestowing a few hints upon his interpreter4#bfh ,in #agif1 ,bentham writes long letters suggesting that he should be sent to ,france with ,wilberforce1 in order to re-establish friendly relations4#bfi ,in #agih he is corresponding at great length with ,patrick ,colquhoun upon plans for improving the ,metropolitan police4#bgj ,in #ahja he says#bga that for two years and a half 'he has thought of scarce anything else' than a plan for interest-bearing notes1 which he carefully elaborated and discussed with ,nicholas ,vansittart and ,dr4 ,beeke4 ,in ,september #ahjj1 however1 he had found time to occupy himself with a proposed frigidarium or ice-house for the preservation of fish1 fruits1 and vegetables2 and invited ,dr4 ,roget1 a nephew of ,romilly1 to come to his house and carry out the necessary experiments4#bgb ,in ,january #ahjb he writes to ,dumont#bgc proposing to send him a trifling specimen of the ,panopticon1 a set of hollow fire-irons invented by his brother1 which may attract the attention of ,buonaparte and ,talleyrand4 ,he proceeds to expound the merits of ,samuel's invention for making wheels by machinery4 ,dumont replies1 that fire-irons are 'superfluities'--7fire-arms might have been more to ,buonaparte's taste7--and that the ,panopticon itself was coldly received4 ,this ,panopticon was to be ,bentham's masterpiece4 ,it occupied his chief attention from his return to ,england until the peace of ,amiens4 ,his brother had returned from ,russia in #agia4 ,their father died #bhth ,march #agib1 dividing his property equally between his sons4 ,jeremy's share consisted of the estate at ,queen's ,square ,place1 ,westminster1 and of landed property producing ,l#ejj or ,l#fjj a year4 ,the father1 spite of the distance between them1 had treated his son with substantial kindness1 and had learned to take a pride in achievements very unlike those which he had at first desired4#bgd ,bentham's position1 however1 was improved by the father's death4 ,the ,westminster estate included the house in which he lived for the rest of his life4 ,there was a garden in which he took great delight1 though ,london smoke gradually destroyed the plants3 and in the garden was the small house where ,milton had once lived4#bge ,here1 with the co-operation of his brother and his increased income1 he had all the means necessary for launching his grand scheme4 ,the ,panopticon1 as defined by its inventor to ,brissot1 was a 'mill for grinding rogues honest1 and idle men industrious4'#bgf ,it was suggested by a plan designed by his brother in ,russia for a large house to be occupied by workmen1 and to be so arranged that they could be under constant inspection4 ,bentham was working on the old lines of philanthropic reform4 ,he had long been interested in the schemes of prison reform1 to which ,howard's labours had given the impetus4 ,blackstone1 with the help of ,william ,eden1 afterwards ,lord ,auckland1 had prepared the ',hard ,labour ,bill1' which ,bentham had carefully criticised in #aggh4 ,the measure was passed in #aggi1 and provided for the management of convicts1 who were becoming troublesome1 as transportation to ,america had ceased to be possible4 ,howard1 whose relation to ,bentham ,i have already noticed1 was appointed as one of the commissioners to carry out the provisions of the ,act4 ,the commissioners disagreed2 ,howard resigned2 and though at last an architect 7,william ,blackburn7 was appointed who possessed ,howard's confidence1 and who constructed various prisons in the country1 the scheme was allowed to drop4 ,bentham now hoped to solve the problem with his ,panopticon4 ,he printed an account of it in #agia4 ,he wrote to his old antagonist1 ,george ,,iii41 describing it1 together with another invention of ,samuel's for enabling armies to cross rivers1 which might be more to his ,majesty's taste4#bgg ,in ,march #agib he made a proposal to the government offering to undertake the charge of a thousand convicts upon the ,panopticon system4#bgh ,after delays suspicious in the eyes of ,bentham1 but hardly surprising at such a period1 an act of parliament was obtained in #agid to adopt his schemes4 ,bentham had already been making preparations4 ,he says#bgi 7#adth ,september #agid7 that he has already spent ,l#fjjj1 and is spending at the rate of ,l#bjjj a year1 while his income was under ,l#fjj a year4 ,he obtained1 however1 ,l#bjjj from the government4 ,he had made models and architectural plans1 in which he was helped by ,reveley1 already known to him at ,constantinople4 ,this sum1 it appears1 was required in order to keep together the men whom he employed4 ,the nature of their employment is remarkable4#bhj ,samuel1 a man of singular mechanical skill1 which was of great use to the navy during the war1 had devised machinery for work in wood and metal4 ,bentham had joined his brother1 and they were looking out for a steam-engine4 ,it had now occurred to them to employ convicts instead of steam1 and thus to combine philanthropy with business4 ,difficulties of the usual kind arose as to the procurement of a suitable site4 ,the site secured under the provisions of the ',hard ,labour ,bill' was for some reason rejected2 and ,bentham was almost in despair4 ,it was not until #agii that he at last acquired for ,l#ab1jjj an estate at ,millbank1 which seemed to be suitable4 ,meanwhile ,bentham had found another application for his principle4 ,the growth of pauperism was alarming statesmen4 ,whitbread proposed in ,february #agif to fix a minimum rate of wages4 ,the wisest thing that government could do1 he said1 was to 'offer a liberal premium for the encouragement of large families4' ,pitt proceeded to prepare the abortive ,poor-law ,bill1#bha upon which ,bentham 7in ,february #agig7 sent in some very shrewd criticisms4 ,they were not published1 but are said to have 'powerfully contributed to the abandonment of the measure4'#bhb ,they show ,bentham's power of incisive criticism1 though they scarcely deal with the general principle4 ,in the following autumn ,bentham contributed to ,arthur ,young's ,annals of ,agriculture upon the same topic4 ,it had struck him that an application of his ,panopticon would give the required panacea4 ,he worked out details with his usual zeal1 and the scheme attracted notice among the philanthropists of the time4 ,it was to be a 'succedaneum' to ,pitt's proposal4 ,meanwhile the finance committee1 appointed in #agig1 heard evidence from ,bentham's friend1 ,patrick ,colquhoun1 upon the ,panopticon1 and a report recommending it was proposed by ,r4 ,pole ,carew1 a friend of ,samuel ,bentham4 ,although this report was suppressed1 the scheme apparently received an impetus4 ,the ,millbank estate was bought in consequence of these proceedings1 and a sum of only ,l#ajjj was wanted to buy out the tenant of one piece of land4 ,bentham was constantly in attendance at a public office1 expecting a final warrant for the money4 ,it never came1 and1 as ,bentham believed1 the delay was due to the malice of ,george ,,iii4 ,had any other king been on the throne1 ,panopticon in both 'the prisoner branch and the pauper branch' would have been set at work4#bhc ,such are the consequences of newspaper controversies with monarchs6 ,after this1 in any case1 the poor ,panopticon1 as the old lawyers said1 'languishing did live1' and at last 'languishing did die4' ,poor ,bentham seems to have struggled vainly for a time4 ,he appealed to ,pitt's friend1 ,wilberforce2 he appealed to his step-brother ,abbot2 he wrote to members of parliament1 but all was in vain4 ,romilly induced him in #ahjb to suppress a statement of his grievances which could only have rendered ministers implacable4#bhd ,but he found out what would hardly have been a discovery to most people1 that officials can be dilatory and evasive2 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 inspection4 ,he published 7#ahjc7 a ,plea for the ,constitution1 showing the enormities committed in the colony1 'in breach of ,magna ,charta1 the ,petition of ,right1 the ,habeas ,corpus ,act1 and the ,bill of ,rights4' ,romilly in vain told him that the attorney-general could not recommend the author of such an effusion to be keeper of a ,panopticon4#bhe ,the actual end did not come till #ahaa4 ,a committee then reported against the scheme4 ,they noticed one essential and very characteristic weakness4 ,the whole system turned upon the profit to be made from the criminals' labour by ,bentham and his brother4 ,the committee observed that1 however unimpeachable might be the characters of the founders1 the scheme might lead to abuses in the hands of their successors4 ,the adoption of this principle of 'farming' had in fact led to gross abuses both in gaols and in workhouses2 but it was1 as ,i have said1 in harmony with the whole 'individualist' theory4 ,the committee recommended a different plan2 and the result was the foundation of ,millbank penitentiary1 opened in #ahaf4bhf ,bentham ultimately received ,l#bc1jjj by way of compensation in #ahac4bhg ,the objections of the committee would now be a commonplace1 but ,bentham saw in them another proof of the desire to increase government patronage4 ,he was well out of the plan4 ,there were probably few men in ,england less capable of managing a thousand convicts1 in spite of his theories about 'springs of action4' ,if anything else had been required to ensure failure1 it would have been association with a sanguine inventor of brilliant abilities4 ,bentham's agitation had not been altogether fruitless4 ,his plan had been partly adopted at ,edinburgh by one of the ,adams1#bhh and his work formed an important stage in the development of the penal system4 ,bentham1 though he could not see that his failure was a blessing in disguise1 had learned one lesson worth learning4 ,he was ill-treated1 according to impartial observers4 ',never1' says ,wilberforce1#bhi 'was any one worse used4 ,i have seen the tears run down the cheeks of that strong-minded man through vexation at the pressing importunity of his creditors1 and the indolence of official underlings when day after day he was begging at the ,treasury for what was indeed a mere matter of right4' ,wilberforce adds that ,bentham was 'quite soured1' and attributes his later opinions to this cause4 ,when the ,quarterly ,review long afterwards taunted him as a disappointed man1 ,bentham declared himself to be in 'a state of perpetual and unruffled gaiety1' and the 'mainspring' of the gaiety of his own circle4#bij ,no one1 indeed1 could be less 'soured' so far as his habitual temper was concerned4 ,but ,wilberforce's remark contained a serious truth4 ,bentham had made a discovery4 ,he had vowed war in his youth against the 'demon of chicane4' ,he had now learned that the name of the demon was ',legion4' ,to cast him out1 it would be necessary to cast out the demon of officialism2 and we shall see what this bit of knowledge presently implied4 ,,notes3 #bfj ,works1 x4 #aie4 #bfa ,ibid4 x4 #aih-ii4 #bfb ,ibid4 x4 #cag4 #bfc ,ibid4 x4 #bgj4 #bfd ,works1 x4 #bhb4 #bfe ,works1 x4 #bif4 #bff ,ibid4 x4 #cjd4 #bfg ,ibid4 x4 #bib4 #bfh ,ibid4 x4 #cjj4 #bfi ,works1 x4 #cae4 #bgj ,ibid4 x4 #cbi4 #bga ,ibid4 x4 #cff4 #bgb ,ibid4 x4 #cdf4 #bgc ,ibid4 x4 #cha4 #bgd ,see his letter to ,lansdowne1 sending a portrait to ,jeremy4--,works1 x4 #bbd4 #bge ,works1 xi4 #ha4 #bgf ,ibid4 x4 #bbf4 #bgg ,works1 x4 #bfj4 ,it is doubtful whether the letter was sent4 #bgh ,the ,panopticon story is confusedly told in ,bowring's life4 ,the ,panopticon ,correspondence1 in the eleventh volume1 gives fragments from a 'history of the war between ,jeremy ,bentham and ,george ,,iii41' written by ,bentham in #ahcj-ca1 and selections from a voluminous correspondence4 #bgi ,works1 x4 #cja4 #bhj ,ibid4 xi4 #afg4 #bha ,the plan1 according to ,bentham 7,works1 xi4 #ajb71 was suggested by ,ruggles1 author of the work upon the poor-laws1 first printed in ,young's ,annals4 #bhb ,works1 viii4 #ddj4 #bhc ,works1 xi4 #ajb-c4 #bhd ,ibid4 x4 #djj4 #bhe ,works1 xi4 #add4 #bhf ,for its later history see ,memorials of ,millbank1 by ,arthur ,griffiths4 #b vols41 #ahge4 #bhg ,works1 xi4 #ajf4 #bhh ,ibid4 x4 #bid4 #bhi ,wilberforce's ,life1 ii4 #ga4 #bij ,works1 x4 #eda4 ,,iv4 ,,the ,,utilitarian ,,propaganda ,bentham in #ahjb had reached the respectable age of fifty-four4 ,he had published his first work twenty-six years1 and his most elaborate treatise thirteen years1 previously4 ,he had been brought into contact with many of the eminent politicians and philanthropists of the day4 ,lansdowne had been a friendly patron3 his advice had been treated with respect by ,pitt1 ,dundas1 and even by ,blackstone2 he was on friendly terms with ,colquhoun1 ,sir ,f4 ,eden1 ,arthur ,young1 ,wilberforce1 and others interested in philanthropic movements1 and his name at least was known to some ,french politicians4 ,but his reputation was still obscure2 and his connections did not develop into intimacies4 ,he lived as a recluse and avoided society4 ,his introduction to great people at ,bowood had apparently rather increased than softened his shyness4 ,the little circle of intimates1 ,romilly and ,wilson and his own brother1 must have satisfied his needs for social intercourse4 ,it required an elaborate negotiation to bring about a meeting between him and ,dr4 ,parr1 the great ,whig prophet1 although they had been previously acquainted1 and ,parr was1 as ,romilly said by way of introduction1 a profound admirer and universal panegyrist4#bia ,he refused to be introduced by ,parr to ,fox1 because he had 'nothing particular to say' to the statesman1 and considered that to be 'always a sufficient reason for declining acquaintance4'#bib ,but1 at last1 ,bentham's fame was to take a start4 ,bentham1 ,i said1 had long before found himself4 ,dumont had now found ,bentham4 ,after long and tedious labours and multiplied communications between the master and the disciple1 ,dumont in the spring of #ahjb brought out his ,traites de ,legislation de ,m4 ,jeremie ,bentham4 ,the book was partly a translation from ,bentham's published and unpublished works1#bic and partly a statement of the pith of the new doctrine in ,dumont's own language4 ,it had the great merit of putting ,bentham's meaning vigorously and compactly1 and free from many of the digressions1 minute discussions of minor points and arguments requiring a special knowledge of ,english law1 which had impeded the popularity of ,bentham's previous works4 ,the ,jacobin controversies were passing into the background3 and ,bentham began to attain a hearing as a reformer upon different lines4 ,in #ahjc ,dumont visited ,st4 ,petersburg1 and sent home glowing reports of ,bentham's rising fame4 ,as many copies of the ,traites had been sold there as in ,london4 ,codes were wanted2 laws were being digested2 and ,bentham's work would supply the principles and the classification4 ,a magnificent translation was ordered1 and ,russian officials wrote glowing letters in which ,bentham was placed in a line with ,bacon1 ,newton1 and ,adam ,smith--each the founder of a new science4#bid ,at home the new book was one of the objects of what ,dumont calls the 'scandalous irreverence' of the ,edinburgh ,review4#bie ,this refers to a review of the ,traites in the ,edinburgh ,review of ,april #ahjd4 ,although patronising in tone1 and ridiculing some of ,bentham's doctrines as commonplace and condemning others as criminal1 it paid some high compliments to his ability4 ,the irreverence meant at least that ,bentham had become one of the persons worth talking about1 and that he was henceforth to influence the rising generation4 ,in ,january #ahjg the ,edinburgh itself 7probably ,jeffrey7 suggested that ,bentham should be employed in a proposed reform of the ,scottish judicial system4 ,his old friend1 ,lansdowne1 died on #gth ,may #ahje1 and in one of his last letters expresses a hope that ,bentham's principles are at last beginning to spread4#bif ,the hope was fulfilled4 ,during the eighteenth century ,benthamism had gone through its period of incubation4 ,it was now to become an active agency1 to gather proselytes1 and to have a marked influence not only upon legislative but upon political movements4 ,the immediate effect upon ,bentham of the decline of the ,panopticon1 and his consequent emancipation from immediately practical work1 was apparently his return to his more legitimate employment of speculative labour4 ,he sent to ,dumont at ,st4 ,petersburg#big part of the treatise upon ,political ,economy1 which had been naturally suggested by his later work3 and he applied himself to the ,scottish judiciary question1 to which many of his speculations had a close application4 ,he published a work upon this subject in #ahjh4 ,to the period between #ahjb and #ahab belongs also the book1 or rather the collection of papers1 afterwards transformed into the book1 upon ,evidence1 which is one of his most valuable performances4 ,a letter1 dated #ast ,november #ahaj1 gives a characteristic account of his position4 ,he refers to hopes of the acceptance of some of his principles in ,south ,america4 ,in ,spain ,spaniards are prepared to receive his laws 'as oracles4' ',now at length1 when ,i am just ready to drop into the grave' 7he had still twenty years of energetic work before him71 'my fame has spread itself all over the civilised world4' ,dumont's publication of #ahjb is considered to have superseded all previous writings on legislation4 ,in ,germany and ,france codes have been prepared by authorised lawyers1 who have 'sought to do themselves credit by references to that work4'#bih ,it has been translated into ,russian4 ,even in ,england he is often mentioned in books and in parliament4 ',meantime ,i am here scribbling on in my hermitage1 never seeing anybody but for some special reason1 always bearing relation to the service of mankind4'#bii ,making all due allowance for the deceptive views of the outer world which haunt every 'hermitage1' it remains true that ,bentham's fame was emerging from obscurity4 ,the end of this period1 moreover1 was bringing him into closer contact with ,english political life4 ,bentham1 as we have seen1 rejected the whole ,jacobin doctrine of abstract rights4 ,so long as ,english politics meant either the acceptance of a theory which1 for whatever reason1 gathered round it no solid body of support1 or1 on the other hand1 the acceptance of an obstructive and purely conservative principle1 to which all reform was radically opposed1 ,bentham was necessarily in an isolated position4 ,he had 'nothing particular to say' to ,fox4 ,he was neither a ,tory nor a ,jacobin1 and cared little for the paralysed ,whigs4 ,he allied himself therefore1 so far as he was allied with any one1 with the philanthropic agitators who stood1 like him1 outside the lines of party4 ,the improvement of prisons was not a party question4 ,a marked change--not always1 ,i think1 sufficiently emphasised by historians--had followed the second war4 ,the party-divisions began to take the form which was to become more marked as time went on4 ,the old issues between ,jacobin and ,anti-,jacobin no longer existed4 ,napoleon had become the heir of the revolution4 ,the great struggle was beginning in which ,england commanded the ocean1 while the ,continent was at the feet of the empire4 ,for a time the question was whether ,england1 too1 should be invaded4 ,after ,trafalgar invasion became hopeless4 ,the ,napoleonic victories threatened to exclude ,english trade from the ,continent3 while ,england retorted by declaring that the ,continent should trade with nobody else4 ,upon one side the war was now appealing to higher feelings4 ,it was no longer a crusade against theories1 but a struggle for national existence and for the existence of other nations threatened by a gigantic despotism4 ,men like ,wordsworth and ,coleridge1 who could not be ,anti-,jacobins1 had been first shocked by the ,jacobin treatment of ,switzerland1 and now threw themselves enthusiastically into the cause which meant the rescue of ,spain and ,germany from foreign oppression4 ,the generous feeling which had resented the attempt to forbid ,frenchmen to break their own bonds1 now resented the attempts of ,frenchmen to impose bonds upon others4 ,the patriotism which prompted to a crusade had seemed unworthy1 but the patriotism which was now allied with the patriotism of ,spain and ,germany involved no sacrifice of other sentiment4 ,many men had sympathised with the early revolution1 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 ,constitution4 ,they had no longer to choose between sympathising with the enemies of ,england and sympathising with the suppressors of the old ,english liberties4 ,but1 on the other hand1 an opposite change took place4 ,the disappearance of the ,jacobin movement allowed the ,radicalism of home growth to display itself more fully4 ,english ,whigs of all shades had opposed the war with certain misgivings4 ,they had been nervously anxious not to identify themselves with the sentiments of the ,jacobins4 ,they desired peace with the ,french1 but had to protest that it was not for love of ,french principles4 ,that difficulty was removed4 ,there was no longer a vision--such as ,gillray had embodied in his caricatures--of a guillotine in ,st4 ,james's ,street3 or of a ,committee of ,public ,safety formed by ,fox1 ,paine1 and ,horne ,tooke4 ,meanwhile ,whig prophecies of the failure of the war were not disproved by its results4 ,though the ,english navy had been victorious1 ,english interference on the ,continent had been futile4 ,millions of money had been wasted3 and millions were flowing freely4 ,even now we stand astonished at the reckless profusion of the financiers of the time4 ,and what was there to show for it8 ,the ,french empire1 so far from being destroyed1 had been consolidated4 ,if we escaped for the time1 could we permanently resist the whole power of ,europe8 ,when the ,peninsular ,war began we had been fighting1 except for the short truce of ,amiens1 for sixteen years2 and there seemed no reason to believe that the expedition to ,portugal in #ahjh would succeed better than previous efforts4 ,the ,walcheren expedition of #ahji was a fresh proof of our capacity for blundering4 ,pauperism was still increasing rapidly1 and forebodings of a war with ,america beginning to trouble men interested in commerce4 ,the ,english ,opposition had ample texts for discourses2 and a demand for change began to spring up which was no longer a reflection of foreign sympathies4 ,an article in the ,edinburgh of ,january #ahjh1 which professed to demonstrate the hopelessness of the ,peninsular ,war1 roused the wrath of the ,tories4 ,the ,quarterly ,review was started by ,canning and ,scott1 and the ,edinburgh1 in return1 took a more decidedly ,whig colour4 ,the ,radicals now showed themselves behind the ,whigs4 ,cobbett1 who had been the most vigorous of ,john ,bull ,anti-,jacobins1 was driven by his hatred of the tax-gatherer and the misery of the agricultural labourers into the opposite camp1 and his ,register became the most effective organ of ,radicalism4 ,demands for reform began again to make themselves heard in parliament4 ,sir ,francis ,burdett1 who had sat at the feet of ,horne ,tooke1 and whose return with ,cochrane for ,westminster in #ahjg was the first parliamentary triumph of the reformers1 proposed a motion on #aeth ,june #ahji1 which was1 of course1 rejected1 but which was the first of a series1 and marked the revival of a serious agitation not to cease till the triumph of #ahcb4 ,meanwhile ,bentham1 meditating profoundly upon the ,panopticon1 had at last found out that he had begun at the wrong end4 ,his reasoning had been thrown away upon the huge dead weight of official indifference1 or worse than indifference4 ,why did they not accept the means for producing the greatest happiness of the greatest number8 ,because statesmen did not desire the end4 ,and why not8 ,to answer that question1 and to show how a government could be constructed which should desire it1 became a main occupation of ,bentham's life4 ,henceforward1 therefore1 instead of merely treating of penal codes and other special reforms1 his attention is directed to the previous question of political organisation2 while at times he diverges to illustrate incidentally the abuses of what he ironically calls the 'matchless constitution4' ,bentham's principal occupation1 in a word1 was to provide political philosophy for radical reformers4#cjj ,bentham remained as much a recluse as ever4 ,he seldom left ,queen's ,square ,place except for certain summer outings4 ,in #ahjg he took a house at ,barrow ,green1 near ,oxted1 in ,surrey1 lying in a picturesque hollow at the foot of the chalk hills4#cja ,it was an old-fashioned house1 standing in what had been a park1 with a lake and a comfortable kitchen garden4 ,bentham pottered about in the grounds and under the old chestnut-trees1 codifying1 gardening1 and talking to occasional disciples4 ,he returned thither in following years2 but in #ahad1 probably in consequence of his compensation for the ,panopticon1 took a larger place1 ,ford ,abbey1 near ,chard in ,somersetshire4 ,it was a superb residence1#cjb with chapel1 cloisters1 and corridors1 a hall eighty feet long by thirty high1 and a great dining parlour4 ,parts of the building dated from the twelfth century or the time of the ,commonwealth1 or had undergone alterations attributed to ,inigo ,jones4 ,no ,squire ,western could have cared less for antiquarian associations1 but ,bentham made a very fair monk4 ,the place1 for which he paid ,l#cae a year1 was congenial4 ,he rode his favourite hobby of gardening1 and took his regular 'ante-jentacular' and 'post-prandial' walks1 and played battledore and shuttlecock in the intervals of codification4 ,he liked it so well that he would have taken it for life1 but for the loss of ,l#hjjj or ,l#aj1jjj in a ,devonshire marble-quarry4#cjc ,in #ahah he gave it up1 and thenceforward rarely quitted ,queen's ,square ,place4 ,his life was varied by few incidents1 although his influence upon public affairs was for the first time becoming important4 ,the busier journalists and platform orators did not trouble themselves much about philosophy4 ,but they were in communication with men of a higher stamp1 ,romilly1 ,james ,mill1 and others1 who formed ,bentham's innermost council4 ,thus the movements in the outside world set up an agitation in ,bentham's study2 and the recluse was prompted to set himself to work upon elaborating his own theories in various directions1 in order to supply the necessary substratum of philosophical doctrine4 ,if he had not the power of gaining the public ear1 his oracles were transmitted through the disciples who also converted some of his raw materials into coherent books4 ,the most important of ,bentham's disciples for many years was ,james ,mill1 and ,i shall have to say what more is necessary in regard to the active agitation when ,i speak of ,mill himself4 ,for the present1 it is enough to say that ,mill first became ,bentham's proselyte about #ahjh4 ,mill stayed with ,bentham at ,barrow ,green and at ,ford ,abbey4 ,though some differences caused superficial disturbances of their harmony1 no prophet could have had a more zealous1 uncompromising1 and vigorous disciple4 ,mill's force of character qualified him to become the leader of the school2 but his doctrine was always essentially the doctrine of ,bentham1 and for the present he was content to be the transmitter of his master's message to mankind4 ,he was at this period a contributor to the ,edinburgh ,review2 and in ,october #ahji he inserted some praises of ,bentham in a review of a book upon legislation by ,s4 ,scipion ,bexon4 ,the article was cruelly mangled by ,jeffrey1 according to his custom1 and ,jeffrey's most powerful vassal1 ,brougham1 thought that the praises which remained were excessive4#cjd ,obviously the orthodox ,whigs were not prepared to swear allegiance to ,bentham4 ,he was drawing into closer connection with the ,radicals4 ,in #ahji ,cobbett was denouncing the duke of ,york in consequence of the ,mrs4 ,clarke scandal4 ,bentham wrote to him1 but anonymously and cautiously1 to obtain documents in regard to a previous libel case1#cje and proceeded to write a pamphlet on the ,elements of the ,art of ,packing 7as applied to ,special ,juries71 so sharp that his faithful adviser1 ,romilly1 procured its suppression for the time4#cjf ,copies1 however1 were printed and privately given to a few who could be trusted4 ,bentham next wrote 7#ahji7 a ',catechism of ,parliamentary ,reform1' which he communicated to ,cobbett 7#afth ,november #ahaj71 with a request for its publication in the ,register4#cjg ,cobbett was at this time in prison for his attack upon flogging militia men2 and1 though still more hostile to government1 was bound to be more cautious in his line of assault4 ,the plan was not published1 whether because too daring or too dull2 but it was apparently printed4 ,bentham's opinion of ,cobbett was anything but flattering4 ,cobbett1 he thought in #ahab1 was a 'vile rascal1' and was afterwards pronounced to be 'filled with the odium humani generis--his malevolence and lying beyond everything4'#cjh ,cobbett's radicalism1 in fact1 was of the type most hostile to the ,utilitarians4 ,john ,hunt1 in the ,examiner1 was 'trumpeting' ,bentham and ,romilly in #ahab1 and was praised accordingly4#cji ,bentham formed an alliance with another leading ,radical4 ,he had made acquaintance by #ahaa with ,sir ,f4 ,burdett1 to whom he then appealed for help in an attack upon the delays of ,chancery4#caj ,burdett1 indeed1 appeared to him to be far inferior to ,romilly and ,brougham1 but he thought that so powerful a 'hero of the mob' ought to be turned to account in the good cause4#caa ,burdett seems to have courted the old philosopher2 and a few years later a closer alliance was brought about4 ,the peace of #ahae was succeeded by a period of distress1 the more acutely felt from the disappointment of natural hopes of prosperity2 and a period of agitation1 met by harsh repression1 followed4 ,applications were made1 to ,bentham for permission to use his ',catechism1' which was ultimately published 7#ahah7 in a cheap form by ,wooler1 well known as the editor of the democratic ,black ,dwarf4#cab ,burdett applied for a plan of parliamentary reform4 ,henry ,bickersteth 7#aghc-ahea71 afterwards ,lord ,langdale and ,master of the ,rolls1 at this time a rising barrister of high character1 wrote an appeal to ,bentham and ,burdett to combine in setting forth a scheme which1 with such authority1 must command general acceptance4 ,the result was a series of resolutions moved by ,burdett in the ,house of ,commons on #bnd ,june #ahah1cac demanding universal suffrage1 annual parliaments1 and vote by ballot4 ,bentham had thus accepted the conclusions reached in a different way by the believers in that 'hodge-podge' of absurdities1 the declaration of the rights of man4 ,curiously enough1 his assault upon that document appeared in ,dumont's ,french version in the year #ahaf1 at the very time when he was accepting its practical conclusions4 ,the schemes in which ,mill was interested at this time drew ,bentham's attention in other directions4 ,in #ahac the ,quaker1 ,william ,allen1 who had been a close ally of ,mill1 induced ,bentham to invest money in the ,new ,lanark establishment4 ,owen1 whose benevolent schemes had been hampered by his partners1 bought them out1 the new capital being partly provided by ,allen1 ,bentham1 and others4 ,bentham afterwards spoke contemptuously of ,owen1 who1 as he said1 'began in vapour and ended in smoke1'#cad and whose disciples came in after years into sharp conflict with the ,utilitarians4 ,bentham1 however1 took pleasure1 it seems1 in ,owen's benevolent schemes for infant education1 and made money by his investment1 for once combining business with philanthropy successfully4#cae ,probably he regarded ,new ,lanark as a kind of ,panopticon4 ,owen had not as yet become a prophet of ,socialism4 ,another set of controversies in which ,mill and his friends took an active part1 started ,bentham in a whole series of speculations4 ,a plan 7which ,i shall have to mention in connection with ,mill71 was devised in #ahae for a ',chrestomathic school1' which was to give a sound education of proper ,utilitarian tendencies to the upper and middle classes4 ,brougham1 ,mackintosh1 ,ricardo1 ,william ,allen1 and ,place were all interested in this undertaking4#caf ,bentham offered a site at ,queen's ,square ,place1 and though the scheme never came to the birth1 it set him actively at work4 ,he wrote a series of papers during his first year at ,ford ,abbey#cag upon the theory of education1 published in #ahaf as ,chrestomathia2 and to this was apparently due a further excursion beyond the limits of jurisprudence4 ,educational controversy in that ignorant day was complicated by religious animosity2 the ,national ,society and the ',british and ,foreign' ,society were fighting under the banners of ,bell and ,lancaster1 and the war roused excessive bitterness4 ,bentham finding the church in his way1 had little difficulty in discovering that the whole ecclesiastical system was part of the general complex of abuse against which he was warring4 ,he fell foul of the ,catechism2 he exposed the abuses of non-residence and episcopal wealth2 he discovered that the ,thirty-nine ,articles contained gross fallacies2 he went on to make an onslaught upon the ,apostle ,st ,paul1 whose evidence as to his conversion was exposed to a severe cross-examination2 and1 finally1 he wrote1 or supplied the materials for1 a remarkable ,analysis of ,natural ,religion1 which was ultimately published by ,grote under the pseudonym ',philip ,beauchamp1' in #ahbb4 ,this procedure from the particular case of the ,catechism in schools up to the general problem of the utility of religion in general1 is curiously characteristic of ,bentham4 ,bentham's mind was attracted to various other schemes by the disciples who came to sit at his feet1 and professed1 with more or less sincerity1 to regard him as a ,solon4 ,foreigners had been resorting to him from all parts of the world1 and gave him hopes of new fields for codifying4 ,as early as #ahjh he had been visited at ,barrow ,green by the strange adventurer1 politician1 lawyer1 and filibuster1 ,aaron ,burr1 famous for the duel in which he killed ,alexander ,hamilton1 and now framing wild schemes for an empire in ,mexico4 ,unscrupulous1 restlessly active and cynical1 he was a singular contrast to the placid philosopher1 upon whom his confidences seem to have made an impression of not unpleasing horror4 ,burr's conversation suggested to ,bentham a singular scheme for emigrating to ,mexico4 ,he applied seriously for introductions to ,lord ,holland1 who had passed some time in ,spain1 and to ,holland's friend1 ,jovellanos 7#agdi-ahab71 a member of the ,spanish ,junta1 who had written treatises upon legislation 7#aghe71 of which ,bentham approved4#cah ,the dream of ,mexico was succeeded by a dream of ,venezuela4 ,general ,miranda spent some years in ,england1 and had become well known to ,james ,mill4 ,he was now about to start upon an unfortunate expedition to ,venezuela1 his native country4 ,he took with him a draft of a law for the freedom of the press1 which ,bentham drew up1 and he proposed that when his new state was founded1 ,bentham should be its legislator4#cai ,miranda was betrayed to the ,spanish government in #ahab1 and died 7#ahaf7 in the hands of the ,inquisition4 ,bolivar1 who was also in ,london in #ahaj and took some notice of ,joseph ,lancaster1 applied in flattering terms to ,bentham4 ,long afterwards1 when dictator of ,columbia1 he forbade the use of ,bentham's works in the schools1 to which1 however1 the privilege of reading him was restored1 and1 let us hope1 duly valued1 in #ahce4cbj ,santander1 another ,south ,american hero1 was also a disciple1 and encouraged the study of ,bentham4 ,bentham says in #ahcj that forty thousand copies of ,dumont's ,traites had been sold in ,paris for the ,south ,american trade4#cba ,what share ,bentham may have had in modifying ,south ,american ideas is unknown to me4 ,in the ,united ,states he had many disciples of a more creditable kind than ,burr4 ,he appealed in #ahaa to ,madison1 then ,president1 for permission to construct a ',pannomion' or complete body of law1 for the use of the ,united ,states2 and urged his claims both upon ,madison and the ,governor of ,pennsylvania in #ahag1 when peace had been restored4 ,he had many conversations upon this project with ,john ,quincy ,adams1 who was then ,american minister in ,england4#cbb ,this1 of course1 came to nothing1 but an eminent ,american disciple1 ,edward ,livingston 7#agfd-ahcf71 between #ahbj and #ahcj prepared codes for the ,state of ,louisiana1 and warmly acknowledged his obligations to ,bentham4#cbc ,in #ahcj ,bentham also acknowledges a notice of his labours1 probably resulting from this1 which had been made in one of ,general ,jackson's presidential messages4#cbd ,in his later years the ,united ,states became his ideal1 and he never tired of comparing its cheap and honest enactment with the corruption and extravagance at home4 ,,notes3 #bia ,works1 x4 #djc4 #bib ,ibid4 x4 #fb4 #bic ,bentham had himself written some of his papers in ,french4 #bid ,works1 x4 #djg1 #daj1 #dac1 #dai4 #bie ,ibid4 x4 #dae4 #bif ,lord ,e4 ,fitzmaurice's ,life of ,shelburne4 #big ,works1 x4 #dac4 #bih ,this statement1 ,i believe1 refers to a complimentary reference to ,bentham in the preface to the ,french ,code4 #bii ,works1 x4 #deh4 #cjj ,bentham says that he reached these conclusions some time before #ahji3 ,works1 iii4 #dce4 ,cf4 ,ibid4 v4 #bgh4 #cja ,works1 x4 #dbe4 #cjb ,see description in ,bain's ,james ,mill1 #abi-cf4 #cjc ,works1 x4 #dgi1 #egc4 #cjd ,works1 x4 #deb-ed42 ,bain's ,james ,mill1 #ajd4 #cje ,the case of the ',king v4 ,cobbett1' 7#ahjd71 which led to the proceedings against ,mr4 ,justice ,johnson in #ahje4--;,cobbett's ,state ,trials1 xxix4 #cjf ,works1 x4 #ddh-di4 #cjg ,ibid4 x4 #deh4 #cjh ,works1 x4 #dga1 #egj4 #cji ,ibid4 x4 #dga4 #caj ,ibid4 x4 #dfa4 #caa ,ibid4 x4 #dga4 #cab ,ibid4 x4 #dij4 #cac ,printed in ,works1 x4 #die-ig4 #cad ,ibid4 x4 #egj4 #cae ,ibid4 x4 #dgf4 #caf ,works1 x4 #dhe4 #cag ,bain's ,james ,mill1 #acf4 ,church of ,englandism and ,not ,paul but ,jesus were also written at ,ford ,abbey4 #cah ,works1 x4 #dcc1 #ddh4 #cai ,ibid4 x4 #deg-eh2 ,bain's ,james ,mill1 #gi4 #cbj ,works1 #eec-ed1 #efe4 #cba ,ibid4 xi4 #ec4 #cbb ,see ,memoirs of ,j4 ,q4 ,adams 7#ahgd71 iii4 #eaa1 #ebj1 #ecb1 #ece-ci1 #edj1 #edd1 #efj1 #efb-fc4 and ,bentham's letter to ,adams in ,works1 x4 #eed4 #cbc ,works1 xi4 #bc4 #cbd ,ibid4 xi4 #dj4 ,v4 ,,codification ,the unsettled conditions which followed the peace in various ,european countries found ,bentham other employment4 ,in #ahji ,dumont did some codifying for the ,emperor of ,russia1 and in #ahag was engaged to do the same service for ,geneva4 ,he was employed for some years1 and is said to have introduced a ,benthamite ,penal ,code and ,panopticon1 and an application of the ,tactics4#cbe ,in #ahbj and #ahba ,bentham was consulted by the ,constitutional party in ,spain and ,portugal1 and wrote elaborate tracts for their enlightenment4 ,he made an impression upon at least one ,spaniard4 ,borrow1 when travelling in ,spain some ten years after ,bentham's death1 was welcomed by an ,alcalde on ,cape ,finisterre1 who had upon his shelves all the works of the 'grand ,baintham1' and compared him to ,solon1 ,plato1 and even ,lope de ,vega4#cbf ,the last comparison appeared to ,borrow to be overstrained4 ,bentham even endeavoured in #ahbb-bc to administer some sound advice to the government of ,tripoli1 but his suggestions for 'remedies against misrule' seem never to have been communicated4#cbg ,in #ahbc and #ahbd he was a member of the ,greek ,committee2 he corresponded with ,mavrocordato and other leaders2 and he begged ,parr to turn some of his admonitions into ',parrian' ,greek for the benefit of the moderns4#cbh ,blaquiere and ,stanhope1 two ardent members of the committee1 were disciples2 and ,stanhope carried with him to ,greece ,bentham's ,table of the ,springs of ,action1 with which he tried to indoctrinate ,byron4 ,the poet1 however1 thought with some plausibility that he was a better judge of human passions than the philosopher4 ,parry1 the engineer1 who joined ,byron at the same time1 gives a queer account of the old philosopher trotting about ,london in the service of the ,greeks4#cbi ,the coarse and thoughtless might laugh1 and perhaps some neither coarse nor thoughtless might smile4 ,but ,bowring tells us that these were days of boundless happiness for ,bentham4#ccj ,tributes of admiration were pouring in from all sides1 and the true ,gospel was spreading across the ,atlantic and along the shores of the ,mediterranean4 ,at home the ,utilitarian party was consolidating itself2 and the struggle which resulted in the ,reform ,bill was slowly beginning4 ,the veteran ,cartwright1 ,bentham's senior by eight years1 tried in #ahba to persuade him to come out as one of a committee of ',guardians of ,constitutional ,reform1' elected at a public meeting4#cca ,bentham wisely refused to be drawn from his privacy4 ,he left it to his friends to agitate1 while he returned to labour in his study4 ,the demand for legislation which had sprung up in so many parts of the world encouraged ,bentham to undertake the last of his great labours4 ,the ,portuguese ,cortes voted in ,december #ahba that he should be invited to prepare an 'all-comprehensive code'2 and in #ahbb he put out a curious ',codification proposal1' offering to do the work for any nation in need of a legislator1 and appending testimonials to his competence for the work4 ,he set to work upon a ',constitutional ,code1' which occupied him at intervals during the remainder of his life1 and embodied the final outcome of his speculations4 ,he diverged from this main purpose to write various pamphlets upon topics of immediate interest2 and was keenly interested in the various activities of his disciples4 ,the ,utilitarians now thought themselves entitled to enter the field of politics as a distinct body4 ,an organ to defend their cause was desirable1 and ,bentham supplied the funds for the ,westminster ,review1 of which the first number appeared in ,april #ahbd4 ,the editorship fell chiefly into the hands of ,bowring 7#agib-ahgb74 ,bowring had travelled much upon the ,continent for a commercial house1 and his knowledge of ,spanish politics had brought him into connection with ,bentham1 to whom ,blaquiere recommended him in #ahbj4ccb ,a strong attachment sprang up between the two4 ,bentham confided all his thoughts and feelings to the young man1 and ,bowring looked up to his teacher with affectionate reverence4 ,in #ahbh ,bentham says that ,bowring is 'the most intimate friend he has4'#ccc ,bowring complains of calumnies1 by which he was assailed1 though they failed to alienate ,bentham4 ,what they may have been matters little2 but it is clear that a certain jealousy arose between this last disciple and his older rivals4 ,james ,mill's stern and rigid character had evidently produced some irritation at intervals2 and to him it would naturally appear that ,bowring was the object of a senile favouritism4 ,in any case it is to be regretted that ,bentham thus became partly alienated from his older friends#ccd4 ,mill was too proud to complain2 and never wavered in his allegiance to the master's principles4 ,but one result1 and to us the most important1 was that the new attachment led to the composition of one of the worst biographies in the language1 out of materials which might have served for a masterpiece4 ,bowring was a great linguist1 and an energetic man of business4 ,he wrote hymns1 and one of them1 ',in the cross of ,christ ,i glory1' is said to have 'universal fame4' ,a ,benthamite capable of so singular an eccentricity judiciously agreed to avoid discussions upon religious topics with his master4 ,to ,bowring we also owe the ,deontology1 which professes to represent ,bentham's dictation4 ,the ,mills repudiated this version1 certainly a very poor one1 of their teacher's morality1 and held that it represented less ,bentham than such an impression of ,bentham as could be stamped upon a muddle-headed disciple4#cce ,the last years of his life brought ,bentham into closer connection with more remarkable men4 ,the ,radicals had despised the ,whigs as trimmers and half-hearted reformers1 and ,james ,mill expressed this feeling very frankly in the first numbers of the ,westminster ,review4 ,reform1 however1 was now becoming respectable1 and the ,whigs were gaining the courage to take it up seriously4 ,foremost among the ,edinburgh ,reviewers was the great ,henry ,brougham1 whose fame was at this time almost as great as his ambition could desire1 and who considered himself to be the natural leader of all reform4 ,he had shown eagerness to distinguish himself in lines fully approved by ,bentham4 ,his admirers regarded him as a giant2 and his opponents1 if they saw in him a dash of the charlatan1 could not deny his amazing energy and his capacity as an orator4 ,the insatiable vanity which afterwards ruined his career already made it doubtful whether he fought for the cause or the glory4 ,but he was at least an instrument worth having4 ,he was a kind of half-disciple4 ,if in #ahji he had checked ,mill's praise of ,bentham1 he was soon afterwards in frequent communication with the master4 ,in ,july #ahab ,bentham announces that ,brougham is at last to be admitted to a dinner1 for which he had been 'intriguing any time this six months1' and expects that his proselyte will soon be the first man in the ,house of ,commons1 and eclipse even ,romilly4#ccf ,in later years they had frequent communications2 and when in #ahbg ,brougham was known to be preparing an utterance upon law reform1 ,bentham's hopes rose high4 ,he offered to his disciple 'some nice little sweet pap of my own making1' sound teaching that is1 upon evidence1 judicial establishments and codification4 ,brougham thanks his 'dear grandpapa1' and ,bentham offers further supplies to his 'dear1 sweet little poppet4'#ccg ,but when the orator had spoken ,bentham declares 7#ith ,february #ahbh7 that the mountain has been delivered of a mouse4 ,brougham was 'not the man to set up' simple and rational principles4 ,he was the sham adversary but the real accomplice of ,peel1 pulling up lies by the root to plant others equally noxious4#cch ,in #ahcj ,bentham had even to hold up ',master ,peel' as a 'model good boy' to the self-styled reformer4 ,brougham needs a dose of jalap instead of pap1 for he cannot even spell the 'greatest happiness principle' properly4#cci ,bentham went so far as to write what he fondly took to be an epigram upon ,brougham3 ',so foolish and so wise1 so great1 so small1 ,everything now1 to-morrow nought at all4'#cdj ,in ,september #ahca ,brougham as ,chancellor announced a scheme for certain changes in the constitution of the courts4 ,the proposal called forth ,bentham's last pamphlet1 ,lord ,brougham displayed4#cda ,bentham laments that his disciple has 'stretched out the right hand of fellowship to jobbers of all sorts4'#cdb ,in vain had ,brougham in his speech called ,bentham 'one of the great sages of the law4' ,bentham acknowledges his amiability and his genius2 but laments over the untrustworthy character of a man who could only adopt principles so far as they were subservient to his own vanity4 ,another light of the ,edinburgh ,review1 who at this time took ,brougham at his own valuation1 did an incidental service to ,bentham4 ,upon the publication of the ,book of ,fallacies in #ahbe1 ,sydney ,smith reviewed or rather condensed it in the ,edinburgh ,review1 and gave the pith of the whole in his famous ,noodle's ,oration4 ,the noodle utters all the commonplaces by which the stupid conservatives1 with ,eldon at their head1 met the demands of reformers4 ,nothing could be wittier than ,smith's brilliant summary4 ,whigs and ,radicals for the time agreed in ridiculing blind prejudice4 ,the day was to come when the ,whigs at least would see that some principles might be worse than prejudice4 ,all the fools1 said ,lord ,melbourne1 'were against ,catholic ,emancipation1 and the worst of it is1 the fools were in the right4' ,sydney ,smith was glad to be ,bentham's mouthpiece for the moment3 though1 when ,benthamism was applied to church reform1 ,smith began to perceive that ,noodle was not so silly as he seemed4 ,one other ally of ,bentham deserves notice4 ,o',connell had in #ahbh1 in speaking of legal abuses1 called himself 'an humble disciple of the immortal ,bentham4'#cdc ,bentham wrote to acknowledge the compliment4 ,he invited ,o',connell to become an inmate of his hermitage at ,queen's ,square ,place1 and ,o',connell responded warmly to the letters of his 'revered master4' ,bentham's aversion to ,catholicism was as strong as his objection to ,catholic disqualifications1 and he took some trouble to smooth down the difficulties which threatened an alliance between ardent believers and thoroughgoing sceptics4 ,o',connell had attacked some who were politically upon his side4 ',dan1 dear child1' says ,bentham1 'whom in imagination ,i am at this moment pressing to my fond bosom1 put off1 if it be possible1 your intolerance4'#cdd ,their friendship1 however1 did not suffer from this discord1 and their correspondence is in the same tone till the end4 ,in one of ,bentham's letters he speaks of a contemporary correspondence with another great man1 whom he does not appear to have met personally4 ,he was writing long letters1 entreating the duke of ,wellington to eclipse ,cromwell by successfully attacking the lawyers4 ,the duke wrote 'immediate answers in his own hand1' and took good-humouredly a remonstrance from ,bentham upon the duel with ,lord ,winchilsea in #ahbi4cde ,bentham was ready to the end to seek allies in any quarter4 ,when ,lord ,sidmouth took office in #ahab1 ,bentham had an interview with him1 and had some hopes of being employed to prepare a penal code4#cdf ,although experience had convinced him of the futility of expectations from the ,sidmouths and ,eldons1 he was always on the look out for sympathy2 and the venerable old man was naturally treated with respect by people who had little enough of real interest in his doctrines4 ,during the last ten years of his life1 ,bentham was cheered by symptoms of the triumph of his creed4 ,the approach of the millennium seemed to be indicated by the gathering of the various forces which carried ,roman ,catholic ,emancipation and the ,reform ,bill4 ,bentham still received testimonies of his fame abroad4 ,in #ahbe he visited ,paris to consult some physicians4 ,he was received with the respect which the ,french can always pay to intellectual eminence4#cdg ,all the lawyers in a court of justice rose to receive him1 and he was placed at the president's right hand4 ,on the revolution of #ahcj1 he addressed some good advice to the country of which he had been made a citizen nearly forty years before4 ,in #ahcb1 ,talleyrand1 to whom he had talked about the ,panopticon in #agib1 dined with him alone in his hermitage4#cdh ,when ,bowring observed to the prince that ,bentham's works had been plundered1 the polite diplomatist replied1 et pille de tout le monde1 il est toujours riche4 ,bentham was by this time failing4 ,at eighty-two he was still1 as he put it1 'codifying like any dragon4'#cdi ,on #ahth ,may #ahcb he did his last bit of his lifelong labour1 upon the ',constitutional ,code4' ,the great reform agitation was reaching the land of promise1 but ,bentham was to die in the wilderness4 ,he sank without a struggle on #fth ,june #ahcb1 his head resting on ,bowring's bosom4 ,he left the characteristic direction that his body should be dissected for the benefit of science4 ,an incision was formally made2 and the old gentleman1 in his clothes as he lived1 his face covered by a wax mask1 is still to be seen at ,university ,college in ,gower ,street4 ,bentham1 as we are told1 had a strong personal resemblance to ,benjamin ,franklin4 ,sagacity1 benevolence1 and playfulness were expressed in both physiognomies4 ,bentham1 however1 differed from the man whose intellect presents many points of likeness1 in that he was not a man of the market-place or the office4 ,bentham was in many respects a child through life3#cej a child in simplicity1 good humour1 and vivacity2 his health was unbroken2 he knew no great sorrow2 and after emerging from the discouragement of his youth1 he was placidly contemplating a continuous growth of fame and influence4 ,he is said to have expressed the wish that he could awake once in a century to contemplate the prospect of a world gradually adopting his principles and so making steady progress in happiness and wisdom4 ,no man could lead a simpler life4 ,his chief luxuries at table were fruit1 bread1 and tea4 ,he had a 'sacred teapot' called ,dick1 with associations of its own1 and carefully regulated its functions4 ,he refrained from wine during the greatest part of his life1 and was never guilty of a single act of intemperance4 ,in later life he took a daily half-glass of ,madeira4 ,he was scrupulously neat in person1 and wore a ,quaker-like brown coat1 brown cassimere breeches1 white worsted stockings and a straw hat4 ,he walked or 'rather trotted' with his stick ,dapple1 and took his 'ante-prandial' and other 'circumgyrations' with absolute punctuality4 ,he loved pets2 he had a series of attached cats2 and cherished the memory of a 'beautiful pig' at ,hendon1 and of a donkey at ,ford ,abbey4 ,he encouraged mice to play in his study--a taste which involved some trouble with his cats1 and suggests problems as to the greatest happiness of the greatest number4 ,kindness to animals was an essential point of his moral creed4 ',i love everything1' he said1 'that has four legs4' ,he had a passion for flowers1 and tried to introduce useful plants4 ,he loved music--especially ,handel--and had an organ in his house4 ,he cared nothing for poetry3 ',prose1' he said1#cea 'is when all the lines except the last go on to the margin4 ,poetry is when some of them fall short of it4' ,he was courteous and attentive to his guests1 though occasionally irritable when his favourite crotchets were transgressed1 or especially if his fixed hours of work were deranged4 ,his regularity in literary work was absolute4 ,he lived by a time-table1 working in the morning and turning out from ten to fifteen folio pages daily4 ,he read the newspapers regularly1 but few books1 and cared nothing for criticisms on his own writings4 ,his only substantial meal was a dinner at six or half-past1 to which he occasionally admitted a few friends as a high privilege4 ,he liked to discuss the topics of which his mind was full1 and made notes beforehand of particular points to be introduced in conversation4 ,he was invariably inaccessible to visitors1 even famous ones1 likely to distract his thoughts4 ',tell ,mr4 ,bentham that ,mr4 ,richard ,lovell ,edgeworth desires to see him4' ',tell ,mr4 ,richard ,lovell ,edgeworth that ,mr4 ,bentham does not desire to see him' was the reply4 ,when ,mme4 de ,stael came to ,england1 she said to ,dumont3 ',tell ,bentham ,i shall see nobody till ,i have seen him4' ',i am sorry for it1' said ,bentham1 'for then she will never see anybody4' ,and he summed up his opinion of the famous author of ,corinne by calling her 'a trumpery magpie4'#ceb ,there is a simplicity and vivacity about some of the sayings reported by ,bowring1 which prove that ,bentham could talk well1 and increase our regret for the absence of a more efficient ,boswell4 ,at ten ,bentham had his tea1 at eleven his nightcap1 and by twelve all his guests were ignominiously expelled4 ,he was left to sleep on a hard bed4 ,his sleep was light1 and much disturbed by dreams4 ,bentham was certainly amiable4 ,the 'surest way to gain men1' he said1 'is to appear to love them1 and the surest way to appear to love them is to love them in reality4' ,the least pleasing part of his character1 however1 is the apparent levity of his attachments4 ,he was1 as we have seen1 partly alienated from ,dumont1 though some friendly communications are recorded in later years1 and ,dumont spoke warmly of ,bentham only a few days before his death in #ahbi4cec ,he not only cooled towards ,james ,mill1 but1 if ,bowring is to be trusted1 spoke of him with great harshness4#ced ,bowring was not a judicious reporter1 indeed1 and capable of taking hasty phrases too seriously4 ,what ,bentham's remarks upon these and other friends suggest is not malice or resentment1 but the flippant utterance of a man whose feelings are wanting in depth rather than kindliness4 ,it is noticeable that1 after his early visit at ,bowood1 no woman seems to have counted for anything in ,bentham's life4 ,he was not only never in love1 but it looks as if he never even talked to any woman except his cook or housemaid4 ,the one conclusion that ,i need draw concerns a question not1 ,i think1 hard to be solved4 ,it would be easy to make a paradox by calling ,bentham at once the most practical and most unpractical of men4 ,this is to point out the one-sided nature of ,bentham's development4 ,bentham's habits remind us in some ways of ,kant2 and the thought may be suggested that he would have been more in his element as a ,german professor of philosophies4 ,in such a position he might have devoted himself to the delight of classifying and co-ordinating theories1 and have found sufficient enjoyment in purely intellectual activity4 ,after a fashion that was the actual result4 ,how far1 indeed1 ,bentham could have achieved much in the sphere of pure philosophy1 and what kind of philosophy he would have turned out1 must be left to conjecture4 ,the circumstances of his time and country1 and possibly his own temperament generally1 turned his thoughts to problems of legislation and politics1 that is to say1 of direct practical interest4 ,he was therefore always dealing with concrete facts1 and a great part of his writings may be considered as raw material for acts of parliament4 ,bentham remained1 however1 unpractical1 in the sense that he had not that knowledge which we ascribe either to the poet or to the man of the world4 ,he had neither the passion nor the sympathetic imagination4 ,the springs of active conduct which ,byron knew from experience were to ,bentham nothing more than names in a careful classification4 ,any shrewd attorney or ,bow ,street runner would have been a better judge of the management of convicts2 and here were dozens of party politicians1 such as ,rigby and ,barre1 who could have explained to him beforehand those mysteries in the working of the political machinery1 which it took him half a lifetime to discover4 ,in this sense ,bentham was unpractical in the highest degree1 for at eighty he had not found out of what men are really made4 ,and yet by his extraordinary intellectual activity and the concentration of all his faculties upon certain problems1 he succeeded in preserving an example1 and though not a unique yet an almost unsurpassable example1 of the power which belongs to the man of one idea4 ,,notes3 #cbe ,see correspondence upon his codification plans in ,russia1 ,america1 and ,geneva in ,works1 iv4 #dea-eid4 #cbf ,borrow's ,bible in ,spain1 ch4 xxx4 #cbg ,works1 viii4 #eee-fjj4 #cbh ,ibid4 x4 #ecd4 ,see ,blaquiere's enthusiastic letter to ,bentham4--,works1 x4 #dge4 #cbi ,see1 however1 ,bentham's reference to this story4--,works1 xi4 #ff4 #ccj ,works1 x4 #eci4 #cca ,ibid4 x4 #ebb4 #ccb ,works1 x4 #eaf4 #ccc ,ibid4 x4 #eia4 #ccd ,a letter from ,mill in the ,university ,college ,,mss4 describes a misunderstanding about borrowed books1 a fertile1 but hardly adequate1 cause of quarrel4 #cce ,bowring's religious principles prevented him from admitting some of ,bentham's works to the collective edition4 #ccf ,works1 x4 #dga-gb4 #ccg ,ibid4 x4 #egf4 #cch ,ibid4 x4 #ehh4 #cci ,works1 xi4 #cg4 ,papers preserved at ,university ,college show that during ,peel's law reforms at this time ,bentham frequently communicated with him4 #cdj ,ibid4 xi4 #ej4 #cda ,ibid4 v4 #edi4 #cdb ,ibid4 v4 #fji4 #cdc ,works1 x4 #eid4 #cdd ,ibid4 xi4 #bf4 #cde ,ibid4 xi4 #ac1 #bh4 #cdf ,works1 x4 #dfh4 #cdg ,ibid4 x4 #eea4 #cdh ,ibid4 xi4 #ge4 #cdi ,ibid4 xi4 #cc4 #cej ,mill's ,dissertations1 i4 #ced and #cib n4 #cea ,works1 x4 #ddb4 #ceb ,works1 x4 #dfg2 xi4 #gi4 #cec ,ibid4 xi4 #bc-bd4 #ced ,ibid4 x4 #dej4 ,,chapter ,,vi ,,bentham',s ,,doctrine ,i4 ,,first ,,principles ,bentham's position is in one respect unique4 ,there have been many greater thinkers2 but there has been hardly any one whose abstract theory has become in the same degree the platform of an active political party4 ,to accept the philosophy was to be also pledged to practical applications of ,utilitarianism4 ,what1 then1 was the revelation made to the ,benthamites1 and to what did it owe its influence8 ,the central doctrine is expressed in ,bentham's famous formula3 the test of right and wrong is the 'greatest happiness of the greatest number4' ,there was nothing new in this assertion4 ,it only expresses the fact that ,bentham accepted one of the two alternatives which have commended themselves to conflicting schools ever since ethical speculation was erected into a separate department of thought4 ,moreover1 the side which ,bentham took was1 we may say1 the winning side4 ,the ordinary morality of the time was ,utilitarian in substance4 ,hutcheson had invented the sacred phrase3 and ,hume had based his moral system upon 'utility4'#cee ,bentham had learned much from ,helvetius the ,french freethinker1 and had been anticipated by ,paley the ,english divine4 ,the writings in which ,bentham deals explicitly with the general principles of ,ethics would hardly entitle him to a higher position than that of a disciple of ,hume without ,hume's subtlety2 or of ,paley without ,paley's singular gift of exposition4 ,why1 then1 did ,bentham's message come upon his disciples with the force and freshness of a new revelation8 ,our answer must be in general terms that ,bentham founded not a doctrine but a method3 and that the doctrine which came to him simply as a general principle was in his hands a potent instrument applied with most fruitful results to questions of immediate practical interest4 ,beyond the general principle of utility1 therefore1 we have to consider the 'organon' constructed by him to give effect to a general principle too vague to be applied in detail4 ,the fullest account of this is contained in the ,introduction to the ,principles of ,morals and ,legislation4 ,this work unfortunately is a fragment1 but it gives his doctrine vigorously and decisively1 without losing itself in the minute details which become wearisome in his later writings4 ,bentham intended it as an introduction to a penal code2 and his investigation sent him back to more general problems4 ,he found it necessary to settle the relations of the penal code to the whole body of law2 and to settle these he had to consider the principles which underlie legislation in general4 ,he had thus1 he says1 to 'create a new science1' and then to elaborate one department of the science4 ,the 'introduction' would contain prolegomena not only for the penal code but for the other departments of inquiry which he intended to exhaust4#cef ,he had to lay down primary truths which should be to this science what the axioms are to mathematical sciences4#ceg ,these truths therefore belong to the sphere of conduct in general1 and include his ethical theory4 ',nature has placed mankind' 7that is his opening phrase7 'under the governance of two sovereign masters1 pain and pleasure4 ,it is for them alone to point out what we ought to do1 as well as to determine what we shall do4' ,there is the unassailable basis4 ,it had been laid down as unequivocally by ,locke1#ceh and had been embodied in the brilliant couplets of ,pope's ,essay on ,man4#cei ,at the head of the curious table of universal knowledge1 given in the ,chrestomathia1 we have ,eudaemonics as an all-comprehensive name of which every art is a branch4#cfj ,eudaemonics1 as an art1 corresponds to the science 'ontology4' ,it covers the whole sphere of human thought4 ,it means knowledge in general as related to conduct4 ,its first principle1 again1 requires no more proof than the primary axioms of arithmetic or geometry4 ,once understood1 it is by the same act of the mind seen to be true4 ,some people1 indeed1 do not see it4 ,bentham rather ignores than answers some of their arguments4 ,but his mode of treating opponents indicates his own position4 ',happiness1' it is often said1 is too vague a word to be the keystone of an ethical system2 it varies from man to man3 or it is 'subjective1' and therefore gives no absolute or independent ground for morality4 ,a morality of 'eudaemonism' must be an 'empirical' morality1 and we can never extort from it that 'categorical imperative1' without which we have instead of a true morality a simple system of 'expediency4' ,from ,bentham's point of view the criticism must be retorted4 ,he regards 'happiness' as precisely the least equivocal of words2 and 'happiness' itself as therefore affording the one safe clue to all the intricate problems of human conduct4 ,the authors of the ,federalist1 for example1 had said that justice was the 'end of government4' ',why not happiness8' asks ,bentham4 ',what happiness is every man knows1 because what pleasure is1 every man knows1 and what pain is1 every man knows4 ,but what justice is--this is what on every occasion is the subject-matter of dispute4'#cfa ,that phrase gives his view in a nutshell4 ,justice is the means1 not the end4 ,that is just which produces a maximum of happiness4 ,omit all reference to ,happiness1 and ,justice becomes a meaningless word prescribing equality1 but not telling us equality of what4 ,happiness1 on the other hand1 has a substantial and independent meaning from which the meaning of justice can be deduced4 ,it has therefore a logical priority3 and to attempt to ignore this is the way to all the labyrinths of hopeless confusion by which legislation has been made a chaos4 ,bentham's position is indicated by his early conflict with ,blackstone1 not a very powerful representative of the opposite principle4 ,blackstone1 in fact1 had tried to base his defence of that eminently empirical product1 the ,british ,constitution1 upon some show of a philosophical groundwork4 ,he had used the vague conception of a 'social contract1' frequently invoked for the same purpose at the revolution of #afhh1 and to eke out his arguments applied the ancient commonplaces about monarchy1 aristocracy1 and democracy4 ,he thus tried to invest the constitution with the sanctity derived from this mysterious 'contract1' while appealing also to tradition or the incarnate 'wisdom of our ancestors1' as shown by their judicious mixture of the three forms4 ,bentham had an easy task1 though he performed it with remarkable vigour1 in exposing the weakness of this heterogeneous aggregate4 ,look closely1 and this fictitious contract can impose no new obligation3 for the obligation itself rests upon ,utility4 ,why not appeal to ,utility at once8 ,i am bound to obey1 not because my great-grandfather may be regarded as having made a bargain1 which he did not really make1 with the great-grandfather of ,george ,,iii42 but simply because rebellion does more harm than good4 ,the forms of government are abstractions1 not names of realities1 and their 'mixture' is a pure figment4 ,king1 ,lords1 and ,commons are not really incarnations of power1 wisdom1 and goodness4 ,their combination forms a system the merits of which must in the last resort be judged by its working4 ',it is the principle of utility1 accurately apprehended and steadily applied1 that affords the only clew to guide a man through these streights4'#cfb ,so much in fact ,bentham might learn from ,hume2 and to defend upon any other ground the congeries of traditional arrangements which passed for the ,british ,constitution was obviously absurd4 ,it was in this warfare against the shifting and ambiguous doctrines of ,blackstone that ,bentham first showed the superiority of his own method3 for1 as between the two1 ,bentham's position is at least the most coherent and intelligible4 ,blackstone1 however1 represents little more than a bit of rhetoric embodying fragments of inconsistent theories4 ,the ,morals and ,legislation opens by briefly and contemptuously setting aside more philosophical opponents of ,utilitarianism4 ,the 'ascetic' principle1 for example1 is the formal contradiction of the principle of ,utility1 for it professedly declares pleasure to be evil4 ,could it be consistently carried out it would turn earth into hell4 ,but in fact it is at bottom an illegitimate corollary from the very principle which it ostensibly denies4 ,it professes to condemn pleasure in general2 it really means that certain pleasures can only be bought at an excessive cost of pain4 ,other theories are contrivances for avoiding the appeal 'to any external standard'2 and in substance1 therefore1 they make the opinion of the individual theorist an ultimate and sufficient reason4 ,adam ,smith by his doctrine of 'sympathy' makes the sentiment of approval itself the ultimate standard4 ,my feeling echoes yours1 and reciprocally2 each cannot derive authority from the other4 ,another man 7,hutcheson7 invents a thing made on purpose to tell him what is right and what is wrong and calls it a 'moral sense4' ,beattie substitutes 'common' for 'moral' sense1 and his doctrine is attractive because every man supposes himself to possess common sense4 ,others1 like ,price1 appeal to the ,understanding1 or1 like ,clarke1 to the ',fitness of ,things1' or they invent such phrases as ',law of ,nature1' or ',right ,reason' or ',natural ,justice1' or what you please4 ,each really means that whatever he says is infallibly true and self-evident4 ,wollaston discovers that the only wrong thing is telling a lie2 or that when you kill your father1 it is a way of saying that he is not your father1 and the same method is applicable to any conduct which he happens to dislike4 ,the 'fairest and openest of them all' is the man who says1 ',i am of the number of the ,elect'2 ,god tells the ,elect what is right3 therefore if you want to know what is right1 you have only to come to me4#cfc ,bentham is writing here in his pithiest style4 ,his criticism is of course of the rough and ready order2 but ,i think that in a fashion he manages to hit the nail pretty well on the head4 ,his main point1 at any rate1 is clear4 ,he argues briefly that the alternative systems are illusory because they refer to no 'external standard4' ,his opponents1 not he1 really make morality arbitrary4 ,this1 whatever the ultimate truth1 is in fact the essential core of all the ,utilitarian doctrine descended from or related to ,benthamism4 ,benthamism aims at converting morality into a science4 ,science1 according to him1 must rest upon facts4 ,it must apply to real things1 and to things which have definite relations and a common measure4 ,now1 if anything be real1 pains and pleasures are real4 ,the expectation of pain or pleasure determines conduct2 and1 if so1 it must be the sole determinant of conduct4 ,the attempt to conceal or evade this truth is the fatal source of all equivocation and confusion4 ,try the experiment4 ,introduce a 'moral sense4' ,what is its relation to the desire for happiness8 ,if the dictates of the moral sense be treated as ultimate1 an absolutely arbitrary element is introduced2 and we have one of the 'innate ideas' exploded by ,locke1 a belief summarily intruded into the system without definite relations to any other beliefs3 a dogmatic assertion which refuses to be tested or to be correlated with other dogmas2 a reduction therefore of the whole system to chaos4 ,it is at best an instinctive belief which requires to be justified and corrected by reference to some other criterion4 ,or resolve morality into 'reason1' that is1 into some purely logical truth1 and it then remains in the air--a mere nonentity until experience has supplied some material upon which it can work4 ,deny the principle of utility1 in short1 as he says in a vigorous passage1#cfd and you are involved in a hopeless circle4 ,sooner or later you appeal to an arbitrary and despotic principle and find that you have substituted words for thoughts4 ,the only escape from this circle is the frank admission that happiness is1 in fact1 the sole aim of man4 ,there are1 of course1 different kinds of happiness as there are different kinds of physical forces4 ,but the motives to action are1 like the physical forces1 commensurable4 ,two courses of conduct can always be compared in respect of the happiness produced1 as two motions of a body can be compared in respect of the energy expended4 ,if1 then1 we take the moral judgment to be simply a judgment of amounts of happiness1 the whole theory can be systematised1 and its various theorems ranged under a single axiom or consistent set of axioms4 ,pain and pleasure give the real value of actions2 they are the currency with a definite standard into which every general rule may be translated4 ,there is always a common measure applicable in every formula for the estimation of conduct4 ,if you admit your ,moral ,sense1 you profess to settle values by some standard which has no definite relation to the standard which in fact governs the normal transactions4 ,but any such double standard1 in which the two measures are absolutely incommensurable1 leads straight to chaos4 ,or1 if again you appeal to reason in the abstract1 you are attempting to settle an account by pure arithmetic without reference to the units upon which your operation is performed4 ,two pounds and two pounds will make four pounds whatever a pound may be2 but till ,i know what it is1 the result is nugatory4 ,somewhere ,i must come upon a basis of fact1 if my whole construction is to stand4 ,this is the fundamental position implied in ,bentham's doctrine4 ,the moral judgment is simply one case of the judgment of happiness4 ,bentham is so much convinced of this that to him there appeared to be in reality no other theory4 ,what passed for theories were mere combinations of words4 ,having said this1 we know where to lay the foundations of the new science4 ,it deals with a vast complicity of facts3 it requires 'investigations as severe as mathematical ones1 but beyond all comparison more intricate and extensive4'#cfe ,still it deals with facts1 and with facts which have a common measure1 and can1 therefore1 be presented as a coherent system4 ,to present this system1 or so much of it as is required for purposes of legislation1 is therefore his next task4 ,the partial execution is the chief substance of the ,introduction4 ,right and wrong conduct1 we may now take for granted1 mean simply those classes of conduct which are conducive to or opposed to happiness2 or1 in the sacred formula1 to act rightly means to promote the greatest happiness of the greatest number4 ,the legislator1 like every one else1 acts rightly in so far as he is guided by the principle 7to use one of the phrases coined by ,bentham7 of 'maximising' happiness4 ,he seeks to affect conduct2 and conduct can be affected only by annexing pains or pleasures to given classes of actions4 ,hence we have a vitally important part of his doctrine--the theory of 'sanctions4' ,pains and pleasures as annexed to action are called 'sanctions4' ,there are 'physical or natural1' 'political1 'moral or popular1' and 'religious' sanctions4 ,the 'physical' sanctions are such pleasures and pains as follow a given course of conduct independently of the interference of any other human or supernatural being2 the 'political' those which are annexed by the action of the legislator2 the 'moral or popular' those which are annexed by other individuals not acting in a corporate capacity2 and the 'religious' those which are annexed by a 'superior invisible being1' or1 as he says elsewhere1#cff 'such as are capable of being expected at the hands of an invisible ,ruler of the ,universe4' ,the three last sanctions1 he remarks1 'operate through the first4' ,the 'magistrate' or 'men at large' can only operate1 and ,god is supposed only to operate1 'through the powers of nature1' that is1 by applying some of the pains and pleasures which may also be natural sanctions4 ,a man is burnt3 if by his own imprudence1 that is a 'physical' sanction2 if by the magistrate1 it is a 'political' sanction2 if by some neglect of his neighbours1 due to their dislike of his 'moral character1' a 'moral' sanction2 if by the immediate act of ,god or by distraction caused by dread of ,god's displeasure1 it is a 'religious' sanction4 ,of these1 as ,bentham characteristically observes#cfg in a later writing the political is much stronger than the 'moral' or 'religious4' ,many men fear the loss of character or the 'wrath of ,heaven1' but all men fear the scourge and the gallows4#cfh ,he admits1 however1 that the religious sanction and the additional sanction of 'benevolence' have the advantage of not requiring that the offender should be found out4#cfi ,but in any case1 the 'natural' and religious sanctions are beyond the legislator's power4 ,his problem1 therefore1 is simply this3 what sanctions ought he to annex to conduct1 or remembering that 'ought' means simply 'conducive to happiness1' what political sanctions will increase happiness8 ,to answer this fully will be to give a complete system of legislation2 but in order to answer it we require a whole logical and psychological apparatus4 ,bentham shows this apparatus at work1 but does not expound its origin in any separate treatise4 ,enough information1 however1 is given as to his method in the curious collection of the fragments connected with the ,chrestomathia4 ,a logical method upon which he constantly insisted is that of 'bipartition1'#cgj called also the 'dichotomous' or 'bifurcate' method1 and exemplified by the so-called ',porphyrian ,tree4' ,the principle is1 of course1 simple4 ,take any genus3 divide it into two classes1 one of which has and the other has not a certain mark4 ,the two classes must be mutually exclusive and together exhaustive4 ,repeat the operation upon each of the classes and continue the process as long as desired4#cga ,at every step you thus have a complete enumeration of all the species1 varieties1 and so on1 each of which excludes all the others4 ,no mere logic1 indeed1 can secure the accuracy and still less the utility of the procedure4 ,the differences may be in themselves ambiguous or irrelevant4 ,if ,i classify plants as 'trees' and 'not trees1' the logical form is satisfied3 but ,i have still to ask whether 'tree' conveys a determinate meaning1 and whether the distinction corresponds to a difference of any importance4 ,a perfect classification1 however1 could always be stated in this form4 ,each species1 that is1 can be marked by the presence or absence of a given difference1 whether we are dealing with classes of plants or actions3 and ,bentham aims at that consummation though he admits that centuries may be required for the construction of an accurate classification in ethical speculations4#cgb ,he exaggerates the efficiency of his method1 and overlooks the tendency of tacit assumptions to smuggle themselves into what affects to be a mere enumeration of classes4 ,but in any case1 no one could labour more industriously to get every object of his thought arranged and labelled and put into the right pigeon-hole of his mental museum4 ,to codify#cgc is to classify1 and ,bentham might be defined as a codifying animal4 ,things thus present themselves to ,bentham's mind as already prepared to fit into pigeon-holes4 ,this is a characteristic point1 and it appears in what we must call his metaphysical system4 ',metaphysics1' indeed1 according to him1 is simply 'a sprig1' and that a small one1 of the 'branch termed ,logic4'#cgd ,it is merely the explanation of certain general terms such as 'existence1' 'necessity1' and so forth4#cge ,under this would apparently fall the explanation of 'reality' which leads to a doctrine upon which he often insists1 and which is most implicitly given in the fragment called ,ontology4 ,he there distinguishes 'real' from 'fictitious entities1' a distinction which1 as he tells us1#cgf he first learned from d',alembert's phrase ,etres fictifs and which he applies in his ,morals and ,legislation4 ',real entities1' according to him1#cgg are 'individual perceptions1' 'impressions1' and 'ideas4' ,in this1 of course1 he is following ,hume1 though he applies the ,johnsonian argument to ,berkeley's immaterialism4#cgh ,a 'fictitious entity' is a name which does note 'raise up in the mind any correspondent images4'#cgi ,such names owe their existence to the necessities of language4 ,without employing such fictions1 however1 'the language of man could not have risen above the language of brutes'2#chj and he emphatically distinguishes them from 'unreal' or 'fabulous entities4' ,a 'fictitious entity' is not a 'nonentity4'#cha ,he includes among such entities all ,aristotle's 'predicaments' except the first3 'substance4'#chb ,quantity1 quality1 relation1 time1 place are all 'physical fictitious entities4' ,this is apparently equivalent to saying that the only 'physical entities' are concrete things--sticks1 stones1 bodies1 and so forth--the 'reality' of which he takes for granted in the ordinary common sense meaning4 ,it is also perfectly true that things are really related1 have quantity and quality1 and are in time and space4 ,but we cannot really conceive the quality or relation apart from the concrete things so qualified and related4 ,we are forced by language to use substantives which in their nature have only the sense of adjectives4 ,he does not suppose that a body is not really square or round2 but he thinks it a fiction to speak of squareness or roundness or space in general as something existing apart from matter and1 in some sense1 alongside of matter4 ,this doctrine1 which brings us within sight of metaphysical problems beyond our immediate purpose1 becomes important to his moral speculation4 ,his special example of a 'fictitious entity' in politics is 'obligation4'#chc ,obligations1 rights1 and similar words are 'fictitious entities4' ,obligation in particular implies a metaphor4 ,the statement that a man is 'obliged' to perform an act means simply that he will suffer pain if he does not perform it4 ,the use of the word obligation1 as a noun substantive1 introduces the 'fictitious entity' which represents nothing really separable from the pain or pleasure4 ,here1 therefore1 we have the ground of the doctrine already noticed4 ',pains and pleasures' are real4#chd ',their existence1' he says1#che 'is matter of universal and constant experience4' ,but other various names referring to these3 emotion1 inclination1 vice1 virtue1 etc41 are only 'psychological entities4' ',take away pleasures and pains1 not only happiness but justice and duty and obligation and virtue--all of which have been so elaborately held up to view as independent of them--are so many empty sounds4'#chf ,the ultimate facts1 then1 are pains and pleasures4 ,they are the substantives of which these other words are properly the adjectives4 ,a pain or a pleasure may exist by itself1 that is without being virtuous or vicious3 but virtue and vice can only exist in so far as pain and pleasure exists4 ,this analysis of 'obligation' is a characteristic doctrine of the ,utilitarian school4 ,we are under an 'obligation' so far as we are affected by a 'sanction4' ,it appeared to ,bentham so obvious as to need no demonstration1 only an exposition of the emptiness of any verbal contradiction4 ,such metaphysical basis as he needed is simply the attempt to express the corresponding conception of reality which1 in his opinion1 only requires to be expressed to carry conviction4 ,,notes3 #cee ,see note under ,bentham's life1 ante1 p4 #agh4 #cef ,preface to ,morals and ,legislation4 #ceg ,works1 i4 7',morals and ,legislation'71 ii4 n4 #ceh ,essay1 bk4 ii4 ch4 xxi4 ,sec4 #ci-,sec4 #dd4 ,the will1 says ,locke1 is determined by the 'uneasiness of desire4' ,what moves desire8 ,happiness1 and that alone4 ,happiness is pleasure1 and misery pain4 ,what produces pleasure we call good2 and what produces pain we call evil4 ,locke1 however1 was not a consistent ,utilitarian4 #cei ,epistle iv41 opening lines4 #cfj ,works1 vii4 #hb4 #cfa ,works 7',constitutional ,code'71 ix4 #abc4 #cfb ,works 7',fragment'71 i4 #bhg4 #cfc ,works 7',morals and ,legislation'71 i4 #h-aj4 ,mill quotes this passage in his essay on ,bentham in the first volume of his ,dissertations4 ,this essay1 excellent in itself must be specially noticed as an exposition by an authoritative disciple4 #cfd ,works 7',morals and ,legislation'71 i4 #ac4 #cfe ,works 7',morals and ,legislation'71 i4 v4 #cff ,works 7',evidence'71 vi4 #bfa4 #cfg ,works 7',evidence'71 vii4 #aaf4 #cfh ,ibid4 7',morals and ,legislation'71 i4 #ad1 etc42 ,ibid4 vi4 #bfj4 ,in ,ibid4 7',evidence'7 vii4 #aaf1 'humanity1' and in ',logical ,arrangements1' ,ibid4 ii4 #bij1 'sympathy' appears as a fifth sanction4 ,another modification is suggested in ,ibid4 i4 #ad n4 #cfi ,ibid4 7',morals and ,legislation'71 i4 #fg4 #cgj ,works 7',morals and ,legislation'71 i4 #if n4 #cga ,see especially ,ibid4 viii4 #ajd1 etc42 #bec1 etc42 #bhi1 etc4 #cgb ,ibid4 viii4 #ajf4 #cgc ',codify' was one of ,bentham's successful neologisms4 #cgd ,works 7',logic'71 viii4 #bbj4 #cge ,here ,bentham coincides with ,horne ,tooke1 to whose 'discoveries' he refers in the ,chrestomathia 7,works1 viii4 #abj1 #ahe1 #ahh74 #cgf ,works1 iii4 #bhf2 viii4 #aai4 #cgg ,ibid4 7',ontology'7 viii4 #aif n4 #cgh ,ibid4 viii1 #aig n4 #cgi ,ibid4 viii4 #bfc4 #chj ,works 7',ontology'71 viii4 #aai4 #cha ,ibid4 viii4 #aih4 #chb ,ibid4 viii4 #aii4 #chc ,ibid4 viii4 #bjf1 #bdg4 #chd ,helvetius adds to this that the only real pains and pleasures are the physical1 but ,bentham does not follow him here4 ,see ,helvetius1 ,o,euvres 7#agha71 ii4 #aba1 etc4 #che ,works1 i4 #baa 7',springs of ,action'74 #chf ,ibid4 i4 #bjf4 ,,ii4 ,,springs ,,of ,,action ,our path is now clear4 ,pains and pleasures give us what mathematicians call the 'independent variable4' ,our units are 7in ,bentham's phrase7 'lots' of pain or pleasure4 ,we have to interpret all the facts in terms of pain or pleasure1 and we shall have the materials for what has since been called a 'felicific calculus4' ,to construct this with a view to legislation is his immediate purpose4 ,the theory will fall into two parts3 the 'pathological1' or an account of all the pains and pleasures which are the primary data2 and the 'dynamical1' or an account of the various modes of conduct determined by expectations of pain and pleasure4 ,this gives the theory of 'springs of action1' considered in themselves1 and of 'motives1' that is1 of the springs as influencing conduct4#chg ,the 'pathology' contains1 in the first place1 a discussion of the measure of pain and pleasure in general2 secondly1 a discussion of the various species of pain and pleasure2 and thirdly1 a discussion of the varying sensibilities of different individuals to pain and pleasure4#chh ,thus under the first head1 we are told that the value of a pleasure1 considered by itself1 depends upon its intensity1 duration1 certainty1 and propinquity2 and1 considered with regard to modes of obtaining it1 upon its fecundity 7or tendency to produce other pains and pleasures7 and its purity 7or freedom from admixture of other pains and pleasures74 ,the pain or pleasure is thus regarded as an entity which is capable of being in some sense weighed and measured4#chi ,the next step is to classify pains and pleasures1 which though commensurable as psychological forces1 have obviously very different qualities4 ,bentham gives the result of his classification without the analysis upon which it depends4 ,he assures us that he has obtained an 'exhaustive' list of 'simple pleasures4' ,it must be confessed that the list does not commend itself either as exhaustive or as composed of 'simple pleasures4' ,he does not explain the principle of his analysis because he says1 it was of 'too metaphysical a cast1'#cij but he thought it so important that he published it1 edited with considerable modifications by ,james ,mill1 in #ahag1 as a ,table of the ,springs of ,action4#cia ,j4 ,s4 ,mill remarks that this table should be studied by any one who would understand ,bentham's philosophy4 ,such a study would suggest some unfavourable conclusions4 ,bentham seems to have made out his table without the slightest reference to any previous psychologist4 ,it is simply constructed to meet the requirements of his legislative theories4 ,as psychology it would be clearly absurd1 especially if taken as giving the elementary or 'simple' feelings4 ,no one can suppose1 for example1 that the pleasures of 'wealth' or 'power' are 'simple' pleasures4 ,the classes therefore are not really distinct1 and they are as far from being exhaustive4 ,all that can be said for the list is that it gives a sufficiently long enumeration to call attention from his own point of view to most of the ordinary pleasures and pains2 and contains as much psychology as he could really turn to account for his purpose4 ,the omissions with which his greatest disciple charges him are certainly significant4 ,we find1 says ,mill1 no reference to ',conscience1' ',principle1' ',moral ,rectitude1' or ',moral ,duty' among the 'springs of action1' unless among the synonyms of a 'love of reputation1' or in so far as ',conscience' and ',principle' are sometimes synonymous with the 'religious' motive or the motive of 'sympathy4' ,so the sense of 'honour1' the love of beauty1 and of order1 of power 7except in the narrow sense of power over our fellows7 and of action in general are all omitted4 ,we may conjecture what reply ,bentham would have made to this criticism4 ,the omission of the love of beauty and aesthetic pleasures may surprise us when we remember that ,bentham loved music1 if he cared nothing for poetry4 ,but he apparently regarded these as 'complex pleasures1'#cib and therefore not admissible into his table1 if it be understood as an analysis into the simple pleasures alone4 ,the pleasures of action are deliberately omitted1 for ,bentham pointedly gives the 'pains' of labour as a class without corresponding pleasure2 and this1 though indicative1 ,i think1 of a very serious error1 is characteristic rather of his method of analysis than of his real estimate of pleasure4 ,nobody could have found more pleasure than ,bentham in intellectual labour1 but he separated the pleasure from the labour4 ,he therefore thought 'labour1' as such1 a pure evil1 and classified the pleasure as a pleasure of 'curiosity4' ,but the main criticism is more remarkable4 ,mill certainly held himself to be a sound ,utilitarian2 and yet he seems to be condemning ,bentham for consistent ,utilitarianism4 ,bentham1 by admitting the 'conscience' into his simple springs of action1 would have fallen into the very circle from which he was struggling to emerge4 ,if1 in fact1 the pleasures of conscience are simple pleasures1 we have the objectionable 'moral sense' intruded as an ultimate factor of human nature4 ,to get rid of that 'fictitious entity' is precisely ,bentham's aim4 ,the moral judgment is to be precisely equivalent to the judgment3 'this or that kind of conduct increases or diminishes the sum of human pains or pleasures4' ,once allow that among the pains and pleasures themselves is an ultimate conscience--a faculty not constructed out of independent pains and pleasures--and the system becomes a vicious circle4 ,conscience on any really ,utilitarian scheme must be a derivative1 not an ultimate1 faculty4 ,if1 as ,mill seems to say1 the omission is a blunder1 ,bentham's ,utilitarianism at least must be an erroneous system4 ,we have now our list both of pains and pleasures and of the general modes of variation by which their value is to be measured4 ,we must also allow for the varying sensibilities of different persons4 ,bentham accordingly gives a list of thirty-two 'circumstances influencing sensibility4'#cic ,human beings differ in constitution1 character1 education1 sex1 race1 and so forth1 and in their degrees of sensibility to all the various classes of pains and pleasures2 the consideration of these varieties is of the highest utility for the purposes of the judge and the legislator4#cid ,the 'sanctions' will operate differently in different cases4 ,a blow will have different effects upon the sick and upon the healthy2 the same fine imposed upon the rich and the poor will cause very different pains2 and a law which is beneficent in ,europe may be a scourge in ,america4 ,we have thus our 'pathology' or theory of the passive sensibilities of man4 ,we know what are the 'springs of action1' how they vary in general1 and how they vary from one man to another4 ,we can therefore pass to the dynamics4#cie ,we have described the machinery in rest1 and can now consider it in motion4 ,we proceed as before by first considering action in general3 which leads to consideration of the 'intention' and the 'motive' implied by any conscious action3 and hence of the relation of these to the 'springs of action' as already described4 ,the discussion is minute and elaborate2 and ,bentham improves as he comes nearer to the actual problems of legislation and further from the ostensible bases of psychology4 ,the analysis of conduct1 and of the sanctions by which conduct is modified1 involves a view of morals and of the relations between the spheres of morality and legislation which is of critical importance for the whole ,utilitarian creed4 ',moral laws' and a ',positive law' both affect human action4 ,how do they differ8 ,bentham's treatment of the problem shows1 ,i think1 a clearer appreciation of some difficulties than might be inferred from his later utterances4 ,in any case1 it brings into clear relief a moral doctrine which deeply affected his successors4 ,,notes3 #chg ,works1 i4 #bje2 and ,dumont's ,traites 7#ahbj71 i4 xxv1 xxvi4 ,the word 'springs of action' perhaps comes from the marginal note to the above-mentioned passage of ,locke 7bk4 ii4 chap4 xxvi1 ,sec4 #da1 #db74 #chh ,morals and ,legislation1 chaps4 iv41 v41 vi4 #chi ,see ',codification ,proposal' 7,works1 iv4 #edj71 where ,bentham takes money as representing pleasure1 and shows how the present value may be calculated like that of a sum put out to interest4 ,the same assumption is often made by ,political ,economists in regard to 'utilities4' #cij ,works 7',morals and ,legislation'71 i4 #ag n4 #cia ,it is not worth while to consider this at length2 but ,i give the following conjectural account of the list as it appears in the ,morals and ,legislation above4 ,in classifying pain or pleasures1 ,bentham is1 ,i think1 following the clue suggested by his 'sanctions4' ,he is really classifying according to their causes or the way in which they are 'annexed4' ,thus pleasures may or may not be dependent upon other persons1 or if upon other persons1 may be indirectly or directly caused by their pleasures or pains4 ,pleasures not caused by persons correspond to the 'physical sanction1' and are those 7#a7 of the 'senses1' 7#b7 of wealth1 i4e4 caused by the possession of things1 and 7#c7 of 'skill1' i4e4 caused by our ability to use things4 ,pleasures caused by persons indirectly correspond first to the 'popular or moral sanction1' and are pleasures 7#d7 of 'amity1' caused by the goodwill of individuals1 and 7#e7 of a 'good name1' caused by the goodwill of people in general2 secondly1 to 'political sanction1' namely 7#f7 pleasures of 'power'2 and thirdly1 to the 'religious sanction1' or 7#g7 pleasures of 'piety4' ,all these are 'self-regarding pleasures4' ,the pleasures caused directly by the pleasure of others are those 7#h7 of 'benevolence1' and 7#i7 of malevolence4 ,we then have what is really a cross division by classes of 'derivative' pleasures2 these being due to 7#aj7 memory1 7#aa7 imagination1 7#ab7 expectation1 7#ac7 association4 ,to each class of pleasures corresponds a class of pains1 except that there are no pains corresponding to the pleasures of wealth or power4 ,we have1 however1 a general class of pains of 'privation1' which might include pains of poverty or weakness3 and to these are opposed 7#ad7 pleasures of 'relief1' i4e4 of the privation of pains4 ,in the ,table1 as separately published1 ,bentham modified this by dividing pleasures of sense into three classes1 the last of which includes the two first2 by substituting pleasures of 'curiosity' for pleasures of 'skill' by suppressing pleasures of relief and pains of privation2 and by adding1 as a class of 'pains' without corresponding pleasures1 pains 7#a7 of labour1 7#b7 of 'death1 and bodily pains in general4' ,these changes seem to have been introduced in the course of writing his ,introduction1 where they are partly assumed4 ,another class is added to include all classes of 'self-regarding pleasures or pains4' ,he is trying to give a list of all 'synonyms' for various pains and pleasures1 and has therefore to admit classes corresponding to general names which include other classes4 #cib ,works i4 #baj1 where he speaks of pleasures of the 'ball-room1' the 'theatre1' and the 'fine arts' as derivable from the 'simple and elementary' pleasures4 #cic ,works 7',morals and ,legislation'71 i4 #bb etc4 #cid ,ibid4 i4 #cc4 #cie ,morals and ,legislation1 ch4 vii4 to xi4 ,,iii4 ,,the ,,sanctions ,let us first take his definitions of the fundamental conceptions4 ,all action of reasonable beings implies the expectation of consequences4 ,the agent's 'intention' is defined by the consequences actually contemplated4 ,the cause of action is the hope of the consequent pleasures or the dread of the consequent pains4 ,this anticipated pleasure or pain constitutes the 'internal motive' 7a phrase used by ,bentham to exclude the 'external motive' or event which causes the anticipation74#cif ,the motive1 or 'internal motive1' is the anticipation of pain to be avoided or pleasure to be gained4 ,actions are good or bad simply and solely as they are on the whole 'productive of a balance of pleasure or pain4' ,the problem of the legislator is how to regulate actions so as to incline the balance to the right side4 ,his weapons are 'sanctions' which modify 'motives4' ,what motives1 then1 should be strengthened or checked8 ,here we must be guided by a principle which is1 in fact1 the logical result of the doctrines already laid down4 ,we are bound to apply our 'felicific calculus' with absolute impartiality4 ,we must therefore assign equal value to all motives4 ',no motives1' he says1#cig are 'constantly good or constantly bad4' ,pleasure is itself a good2 pain itself an evil3 nay1 they are 'the only good and the only evil4' ,this is true of every sort of pain and pleasure1 even of the pains and pleasures of illwill4 ,the pleasures of 'malevolence' are placed in his 'table' by the side of pleasures of 'benevolence4' ,hence it 'follows immediately and incontestably1 that there is no such thing as any sort of motive that is in itself a bad one4' ,the doctrine is no doubt a logical deduction from ,bentham's assumptions1 and he proceeds to illustrate its meaning4 ,a 'motive' corresponds to one of his 'springs of action4' ,he shows how every one of the motives included in his table may lead either to good or to bad consequences4 ,the desire of wealth may lead me to kill a man's enemy or to plough his field for him2 the fear of ,god may prompt to fanaticism or to charity2 illwill may lead to malicious conduct or may take the form of proper 'resentment1' as1 for example1 when ,i secure the punishment of my father's murderer4 ,though one act1 he says1 is approved and the other condemned1 they spring from the same motive1 namely1 illwill4#cih ,he admits1 however1 that some motives are more likely than others to lead to 'useful' conduct2 and thus arranges them in a certain 'order of pre-eminence4'#cii ,it is obvious that 'goodwill1' 'love of reputation1' and the 'desire of amity' are more likely than others to promote general happiness4 ',the dictates of utility1' as he observes1 are simply the 'dictates of the most extensive and enlightened 7that is1 well advised7 benevolence4' ,it would1 therefore1 seem more appropriate to call the 'motive' good2 though no one doubts that when directed by an erroneous judgment it may incidentally be mischievous4 ,the doctrine that morality depends upon 'consequences' and not upon 'motives' became a characteristic ,utilitarian dogma1 and ,i shall have to return to the question4 ,meanwhile1 it was both a natural and1 ,i think1 in some senses1 a correct view1 when strictly confined to the province of legislation4 ,for reasons too obvious to expand1 the legislator must often be indifferent to the question of motives4 ,he cannot know with certainty what are a man's motives4 ,he must enforce the law whatever may be the motives for breaking it2 and punish rebellion1 for example1 even if he attributes it to misguided philanthropy4 ,he can1 in any case1 punish only such crimes as are found out2 and must define crimes by palpable 'external' marks4 ,he must punish by such coarse means as the gallows and the gaol3 for his threats must appeal to the good and the bad alike4 ,he depends1 therefore1 upon 'external' sanctions1 sanctions1 that is1 which work mainly upon the fears of physical pain2 and even if his punishments affect the wicked alone1 they clearly cannot reach the wicked as wicked1 nor in proportion to their wickedness4 ,that is quite enough to show why in positive law motives are noticed indirectly or not at all4 ,it shows also that the analogy between the positive and the moral law is treacherous4 ,the exclusion of motive justifiable in law may take all meaning out of morality4 ,the ,utilitarians1 as we shall see1 were too much disposed to overlook the difference1 and attempt to apply purely legal doctrine in the totally uncongenial sphere of ethical speculation4 ,to accept the legal classification of actions by their external characteristics is1 in fact1 to beg the question in advance4 ,any outward criterion must group together actions springing from different 'motives' and therefore1 as other moralists would say1 ethically different4 ,there is1 however1 another meaning in this doctrine which is more to the purpose here4 ,bentham was aiming at a principle which1 true or false1 is implied in all ethical systems based upon experience instead of pure logic or a priori 'intuitions4' ,such systems must accept human nature as a fact1 and as the basis of a scientific theory4 ,they do not aim at creating angels but at developing the existing constitution of mankind4 ,so far as an action springs from one of the primitive or essential instincts of mankind1 it simply proves the agent to be human1 not to be vicious or virtuous1 and therefore is no ground for any moral judgment4 ,if ,bentham's analysis could be accepted1 this would be true of his 'springs of action4' ,the natural appetites have not in themselves a moral quality3 they are simply necessary and original data in the problem4 ,the perplexity is introduced by ,bentham's assumption that conduct can be analysed so that the 'motive' is a separate entity which can be regarded as the sole cause of a corresponding action4 ,that involves an irrelevant abstraction4 ,there is no such thing as a single 'motive4' ,one of his cases is a mother who lets her child die for love of 'ease4' ,we do not condemn her because she loves ease1 which is a motive common to all men and therefore unmoral1 not immoral4 ,but neither do we condemn her merely for the bad consequences of a particular action4 ,we condemn her because she loves ease better than she loves her child3 that is1 because her whole character is 'unnatural' or ill-balanced1 not on account of a particular element taken by itself4 ,morality is concerned with concrete human beings1 and not with 'motives' running about by themselves4 ,bentham's meaning1 if we make the necessary correction1 would thus be expressed by saying that we don't blame a man because he has the 'natural' passions1 but because they are somehow wrongly proportioned or the man himself wrongly constituted4 ,passions which may make a man vicious may also be essential to the highest virtue4 ,that is quite true2 but the passion is not a separate agent1 only one constituent of the character4 ,bentham admits this in his own fashion4 ,if 'motives' cannot be properly called good or bad1 is there1 he asks1 nothing good or bad in the man who on a given occasion obeys a certain motive8 ',yes1 certainly1' he replies1 'his disposition4'#djj ,the disposition1 he adds1 is a 'fictitious entity1 and designed for the convenience of discourse in order to express what there is supposed to be permanent in a man's frame of mind4' ,by 'fictitious1' as we have seen1 he means not 'unreal' but simply not tangible1 weighable1 or measurable--like sticks and stones1 or like pains and pleasures4 ',fictitious' as they may be1 therefore1 the fiction enables us to express real truths1 and to state facts which are of the highest importance to the moralist and the legislator4 ,bentham discusses some cases of casuistry in order to show the relation between the tendency of an action and the intention and motives of the agent4 ,ravaillac murders a good king2 ,ravaillac's son enables his father to escape punishment1 or conveys poison to his father to enable him to avoid torture by suicide4#dja ,what is the inference as to the son's disposition in either case8 ,the solution 7as he substantially and1 ,i think1 rightly suggests7 will have to be reached by considering whether the facts indicate that the son's disposition was mischievous or otherwise2 whether it indicates political disloyalty or filial affection1 and so forth1 and in what proportions4 ,the most interesting case perhaps is that of religious persecution1 where the religious motive is taken to be good1 and the action to which it leads is yet admitted to be mischievous4 ,the problem is often puzzling1 but we are virtually making an inference as to the goodness or badness of the 'disposition' implied by the given action under all the supposed circumstances4 ,this gives what ,bentham calls the 'meritoriousness'#djb of the disposition4 ,the 'intention' is caused by the 'motive4' ,the 'disposition' is the 'sum of the intentions'2 that is to say1 it expresses the agent's sensibility to various classes of motives2 and the merit therefore will be in proportion to the total goodness or badness of the disposition thus indicated4 ,the question of merit leads to interesting moral problems4 ,bentham1 however1 observes that he is not here speaking from the point of view of the moralist but of the legislator4 ,still1 as a legislator he has to consider what is the 'depravity' of disposition indicated by different kinds of conduct4 ,this consideration is of great importance4 ,the 'disposition' includes sensibility to what he calls 'tutelary motives'--motives1 that is1 which deter a man from such conduct as generally produces mischievous consequences4 ,no motive can be invariably1 though some1 especially the motive of goodwill1 and in a minor degree those of 'amity' and a 'love of reputation1' are generally1 on the right side4 ,the legislator has to reinforce these 'tutelary motives' by 'artificial tutelary motives1' and mainly by appealing to the 'love of ease1' that is1 by making mischievous conduct more difficult1 and to 'self-preservation1' that is1 by making it more dangerous4#djc ,he has therefore to measure the force by which these motives will be opposed2 or1 in other words1 the 'strength of the temptation4' ,now the more depraved a man's disposition1 the weaker the temptation which will seduce him to crime4 ,consequently if an act shows depravity1 it will require a stronger counter-motive or a more severe punishment1 as the disposition indicated is more mischievous4 ,an act1 for example1 which implies deliberation proves a greater insensibility to these social motives which1 as ,bentham remarks1#djd determine the 'general tenor of a man's life1' however depraved he may be4 ,the legislator is guided solely by 'utility1' or aims at maximising happiness without reference to its quality4 ,still1 so far as action implies disposition1 he has to consider the depravity as a source of mischief4 ,the legislator who looks solely at the moral quality implied is wrong2 and1 if guided solely by his sympathies1 has no measure for the amount of punishment to be inflicted4 ,these considerations will enable us to see what is the proper measure of resentment4#dje ,the doctrine of the neutrality or 'unmorality' of motive is thus sufficiently clear4 ,bentham's whole aim is to urge that the criterion of morality is given by the consequences of actions4 ,to say the conduct is good or bad is to say in other words that it produces a balance of pleasure or pain4 ,to make the criterion independent1 or escape the vicious circle1 we must admit the pleasures and pains to be in themselves neutral2 to have1 that is1 the same value1 if equally strong1 whatever their source4 ,in our final balance-sheet we must set down pains of illwill and of goodwill1 of sense and of intellect with absolute impartiality1 and compare them simply in respect of intensity4 ,we must not admit a 'conscience' or 'moral sense' which would be autocratic2 nor1 indeed1 allow moral to have any meaning as applied to the separate passions4 ,but it is quite consistent with this to admit that some motives1 goodwill in particular1 generally tend to bring out the desirable result1 that is1 a balance of pleasure for the greatest number4 ,the pains and pleasures are the ultimate facts1 and the 'disposition' is a 'fictitious entity' or a name for the sum of sensibilities4 ,it represents the fact that some men are more inclined than others to increase the total of good or bad4 ,,notes3 #cif ,works 7',morals and ,legislation'71 i4 #df4 #cig ,ibid4 i4 #dh4 #cih ,works 7',morals and ,legislation'71 i4 #ef4 #cii ,ibid4 i4 #ef4 #djj ,works 7',morals and ,legislation'71 i4 #fj4 #dja ,ibid4 i4 #fb4 #djb ,ibid4 i4 #fe4 #djc ,these are the two classes of 'springs of action' omitted in the ,table4 #djd ,works 7',morals and ,legislation'71 i4 #fh4 #dje ,here ,bentham lays down the rule that punishment should rise with the strength of the temptation1 a theory which leads to some curious casuistical problems4 ,he does not fully discuss1 and ,i cannot here consider1 them4 ,i will only note that it may conceivably be necessary to increase the severity of punishment1 instead of removing the temptation or strengthening the preventive action4 ,if so1 the law becomes immoral in the sense of punishing more severely as the crime has more moral excuse4 ,this was often true of the old criminal law1 which punished offences cruelly because it had no effective system of police4 ,bentham would of course have agreed that the principle in this case was a bad one4 ,,iv4 ,,criminal ,,law ,we have now1 after a long analysis1 reached the point at which the principles can be applied to penal law4 ,the legislator has to discourage certain classes of conduct by annexing 'tutelary motives4' ,the classes to be suppressed are of course those which diminish happiness4 ,pursuing the same method1 and applying results already reached1 we must in the first place consider how the 'mischief of an act' is to be measured4#djf ,acts are mischievous as their 'consequences' are mischievous2 and the consequences may be 'primary' or 'secondary4' ,robbery causes pain to the loser of the money4 ,that is a primary evil4 ,it alarms the holders of money2 it suggests the facility of robbery to others2 and it weakens the 'tutelary motive' of respect for property4 ,these are secondary evils4 ,the 'secondary' evil may be at times the most important4 ,the non-payment of a tax may do no appreciable harm in a particular case4 ,but its secondary effects in injuring the whole political fabric may be disastrous and fruitful beyond calculation4 ,bentham proceeds to show carefully how the 'intentions' and 'motives' of the evildoer are of the greatest importance1 especially in determining these secondary consequences1 and must therefore be taken into account by the legislator4 ,a homicide may cause the same primary evil1 whether accidental or malignant2 but accidental homicide may cause no alarm1 whereas the intentional and malignant homicide may cause any quantity of alarm and shock to the general sense of security4 ,in this way1 therefore1 the legislator has again indirectly to take into account the moral quality which is itself dependent upon utility4 ,i must1 however1 pass lightly over a very clear and interesting discussion to reach a further point of primary importance to the ,utilitarian theory1 as to the distinction between the moral and legal spheres4#djg ,bentham has now 'made an analysis of evil4' ,he has1 that is1 classified the mischiefs produced by conduct1 measured simply by their effect upon pleasures or pains1 independently of any consideration as to virtue and vice4 ,the next problem is3 what conduct should be criminal8--a subject which is virtually discussed in two chapters 7xv4 and xix47 'on cases unmeet for punishment' and on 'the limits between ,private ,ethics and the act of legislation4' ,we must1 of course1 follow the one clue to the labyrinth4 ,we must count all the 'lots' of pain and pleasure indifferently4 ,it is clear1 on the one hand1 that the pains suffered by criminals are far less than the pains which would be suffered were no such sanctions applied4 ,on the other hand1 all punishment is an evil1 because punishment means pain1 and it is therefore only to be inflicted when it excludes greater pain4 ,it must1 therefore1 not be inflicted when it is 'groundless1' 'inefficacious1' 'unprofitable1' or 'needless4' ',needless' includes all the cases in which the end may be attained 'as effectually at a cheaper rate4'#djh ,this applies to all 'dissemination of pernicious principles'2 for in this case reason and not force is the appropriate remedy4 ,the sword inflicts more pain1 and is less efficient than the pen4 ,the argument raises the wider question1 ,what are the true limits of legislative interference8 ,bentham1 in his last chapter1 endeavours to answer this problem4 ',private ethics1' he says1 and 'legislation' aim at the same end1 namely1 happiness1 and the 'acts with which they are conversant are in great measure the same4' ,why1 then1 should they have different spheres8 ,simply because the acts 'are not perfectly and throughout the same4'#dji ,how1 then1 are we to draw the line8 ,by following the invariable clue of 'utility4' ,we simply have to apply an analysis to determine the cases in which punishment does more harm than good4 ,he insists especially upon the cases in which punishment is 'unprofitable'2 upon such offences as drunkenness and sexual immorality1 where the law could only be enforced by a mischievous or impossible system of minute supervision1 and such offences as ingratitude or rudeness1 where the definition is so vague that the judge could not safely be entrusted with the power to punish4'#daj ,he endeavours to give a rather more precise distinction by subdividing 'ethics in general' into three classes4 ,duty may be to oneself1 that is 'prudence'2 or to one's neighbour negatively1 that is 'probity'2 or to one's neighbour positively1 that is 'benevolence4'#daa ,duties of the first class must be left chiefly to the individual1 because he is the best judge of his own interest4 ,duties of the third class again are generally too vague to be enforced by the legislator1 though a man ought perhaps to be punished for failing to help as well as for actually injuring4 ,the second department of ethics1 that of 'probity1' is the main field for legislative activity4#dab ,as a general principle1 'private ethics' teach a man how to pursue his own happiness1 and the art of legislation how to pursue the greatest happiness of the community4 ,it must be noticed1 for the point is one of importance1 that ,bentham's purely empirical method draws no definite line4 ,it implies that no definite line can be drawn4 ,it does not suggest that any kind of conduct whatever is outside the proper province of legislator except in so far as the legislative machinery may happen to be inadequate or inappropriate4 ,our analysis has now been carried so far that we can proceed to consider the principles by which we should be guided in punishing4 ,what are the desirable properties of a 'lot of punishment'8 ,this occupies two interesting chapters4 ,chapter xvi41 'on the proportion between punishments and offences1' gives twelve rules4 ,the punishment1 he urges1 must outweigh the profit of the offence2 it must be such as to make a man prefer a less offence to a greater--simple theft1 for example1 to violent robbery2 it must be such that the punishment must be adaptable to the varying sensibility of the offender2 it must be greater in 'value' as it falls short of certainty2 and1 when the offence indicates a habit1 it must outweigh not only the profit of the particular offence1 but of the undetected offences4 ,in chapter xvii4 ,bentham considers the properties which fit a punishment to fulfil these conditions4 ,eleven properties are given4 ,the punishment must be 7#a7 'variable1' that is1 capable of adjustment to particular cases2 and 7#b7 equable1 or inflicting equal pain by equal sentences4 ,thus the 'proportion' between punishment and crimes of a given class can be secured4 ,in order that the punishments of different classes of crime may be proportional1 the punishments should 7#c7 be commensurable4 ,to make punishments efficacious they should be 7#d7 'characteristical' or impressive to the imagination2 and that they may not be excessive they should be 7#e7 exemplary or likely to impress others1 and 7#f7 frugal4 ,to secure minor ends they should be 7#g7 reformatory2 7#h7 disabling1 i4e4 from future offences2 and 7#i7 compensatory to the sufferer4 ,finally1 to avoid collateral disadvantages they should be 7#aj7 popular1 and 7#aa7 remittable4 ,a twelfth property1 simplicity1 was added in ,dumont's redaction4 ,dumont calls attention here to the value of ,bentham's method4#dac ,montesquieu and ,beccaria had spoken in general terms of the desirable qualities of punishment4 ,they had spoken of 'proportionality1' for example1 but without that precise or definite meaning which appears in ,bentham's ,calculus4 ,in fact1 ,bentham's statement1 compared to the vaguer utterances of his predecessors1 but still more when compared to the haphazard brutalities and inconsistencies of ,english criminal law1 gives the best impression of the value of his method4 ,bentham's next step is an elaborate classification of offences1 worked out by a further application of his bifurcatory method4#dad ,this would form the groundwork of the projected code4 ,i cannot1 however1 speak of this classification1 or of many interesting remarks contained in the ,principles of ,penal ,law1 where some further details are considered4 ,an analysis scarcely does justice to ,bentham1 for it has to omit his illustrations and his flashes of real vivacity4 ,the mere dry logical framework is not appetising4 ,i have gone so far in order to illustrate the characteristic of ,bentham's teaching4 ,it was not the bare appeal to utility1 but the attempt to follow the clue of utility systematically and unflinchingly into every part of the subject4 ,this one doctrine gives the touchstone by which every proposed measure is to be tested2 and which will give to his system not such unity as arises from the development of an abstract logical principle1 but such as is introduced into the physical sciences when we are able to range all the indefinitely complex phenomena which arise under some simple law of force4 ,if ,bentham's aim could have been achieved1 'utility' would have been in legislative theories what gravitation is in astronomical theories4 ,all human conduct being ruled by pain and pleasure1 we could compare all motives and actions1 and trace out the consequences of any given law4 ,i shall have hereafter to consider how this conception worked in different minds and was applied to different problems3 what were the tenable results to which it led1 and what were the errors caused by the implied oversight of some essential considerations4 ,certain weaknesses are almost too obvious to be specified4 ,he claimed to be constructing a science1 comparable to the physical sciences4 ,the attempt was obviously chimerical if we are to take it seriously4 ,the makeshift doctrine which he substitutes for psychology would be a sufficient proof of the incapacity for his task4 ,he had probably not read such writers as ,hartley or ,condillac1 who might have suggested some ostensibly systematic theory4 ,if he had little psychology he had not even a conception of 'sociology4' ,the 'felicific calculus' is enough to show the inadequacy of his method4 ,the purpose is to enable us to calculate the effects of a proposed law4 ,you propose to send robbers to the gallows or the gaol4 ,you must1 says ,bentham1 reckon up all the evils prevented3 the suffering to the robbed1 and to those who expect to be robbed1 on the one hand2 and1 on the other1 the evils caused1 the suffering to the robber1 and to the tax-payer who keeps the constable2 then strike your balance and make your law if the evils prevented exceed the evils caused4 ,some such calculation is demanded by plain common sense4 ,it points to the line of inquiry desirable4 ,but can it be adequate8 ,to estimate the utility of a law we must take into account all its 'effects4' ,what are the 'effects' of a law against robbery8 ,they are all that is implied in the security of property4 ,they correspond to the difference between ,england in the eighteenth century and ,england in the time of ,hengist and ,horsa2 between a country where the supremacy of law is established1 and a country still under the rule of the strong hand4 ,bentham's method may be applicable at a given moment1 when the social structure is already consolidated and uniform4 ,it would represent the practical arguments for establishing the police-force demanded by ,colquhoun1 and show the disadvantages of the old constables and watchmen4 ,bentham1 that is1 gives an admirable method for settling details of administrative and legislative machinery1 and dealing with particular cases when once the main principles of law and order are established4 ,those principles1 too1 may depend upon 'utility1' but utility must be taken in a wider sense when we have to deal with the fundamental questions4 ,we must consider the 'utility' of the whole organisation1 not the fitness of separate details4 ,finally1 if ,bentham is weak in psychology and in sociology1 he is clearly not satisfactory in ethics4 ,morality is1 according to him1 on the same plane with law4 ,the difference is not in the sphere to which they apply1 or in the end to which they are directed2 but solely in the 'sanction4' ,the legislator uses threats of physical suffering2 the moralist threats of 'popular' disapproval4 ,either 'sanction' may be most applicable to a given case2 but the question is merely between different means to the same end under varying conditions4 ,this implies the 'external' character of ,bentham's morality1 and explains his insistence upon the neutrality of motives4 ,he takes the average man to be a compound of certain instincts1 and merely seeks to regulate their action by supplying 'artificial tutelary motives4' ,the 'man' is given2 the play of his instincts1 separately neutral1 makes his conduct more or less favourable to general happiness2 and the moralist and the legislator have both to correct his deviations by supplying appropriate 'sanctions4' ,bentham1 therefore1 is inclined to ignore the intrinsic character of morality1 or the dependence of a man's morality upon the essential structure of his nature4 ,he thinks of the superficial play of forces1 not of their intimate constitution4 ,the man is not to be changed in either case2 only his circumstances4 ,such defects no doubt diminish the value of ,bentham's work4 ,yet1 after all1 in his own sphere they are trifles4 ,he did very well without philosophy4 ,however imperfect his system might be considered as a science or an ultimate explanation of society and human nature1 it was very much to the point as an expression of downright common sense4 ,dumont's eulogy seems to be fully deserved1 when we contrast ,bentham's theory of punishment with the theories 7if they deserve the name7 of contemporary legislators4 ,his method involved a thoroughgoing examination of the whole body of laws1 and a resolution to apply a searching test to every law4 ,if that test was not so unequivocal or ultimate as he fancied1 it yet implied the constant application of such considerations as must always carry weight1 and1 perhaps1 be always the dominant considerations1 with the actual legislator or jurist4 ,what is the use of you8 is a question which may fairly be put to every institution and to every law2 and it concerns legislators to find some answer1 even though the meaning of the word 'use' is not so clear as we could wish4 ,,notes3 #djf ,morals and ,legislation1 ch4 xii4 #djg ,morals and ,legislation1 ch4 xiv4 7a chapter inserted from ,dumont's ,traites74 #djh ,works 7',morals and ,legislation'71 i4 p4 #hf4 #dji ,ibid4 i4 #add4 #daj ,ibid4 i4 #ade4 #daa ,works 7',morals and ,legislation'71 i4 #adc4 #dab ,ibid4 i4 #adg-dh4 #dac ,works 7',morals and ,legislation'71 i #djf n4 #dad ,works 7',morals and ,legislation'71 i4 #if n4 ,v4 ,,english ,,law ,the practical value of ,bentham's method is perhaps best illustrated by his ,rationale of ,evidence4 ,the composition of the papers ultimately put together by ,j4 ,s4 ,mill had occupied ,bentham from #ahjb to #ahab4 ,the changed style is significant4 ,nobody could write more pointedly1 or with happier illustrations1 than ,bentham in his earlier years4 ,he afterwards came to think that a didactic treatise should sacrifice every other virtue to fulness and precision4 ,to make a sentence precise1 every qualifying clause must be somehow forced into the original formula4 ,still more characteristic is his application of what he calls the 'substantive-preferring principle4'#dae ,he would rather say1 ',i give extension to an object1' than ',i extend an object4' ,where a substantive is employed1 the idea is 'stationed upon a rock'2 if only a verb1 the idea is 'like a leaf floating on a stream4' ,a verb1 he said1#daf 'slips through your fingers like an eel4' ,the principle corresponds to his 'metaphysics4' ,the universe of thought is made up of a number of separate 'entities' corresponding to nouns-substantive1 and when these bundles are distinctly isolated by appropriate nouns1 the process of arranging and codifying according to the simple relations indicated by the copula is greatly facilitated4 ,the ideal language would resemble algebra1 in which symbols1 each representing a given numerical value1 are connected by the smallest possible number of symbols of operation1 1 -1 1 and so forth4 ,to set two such statements side by side1 or to modify them by inserting different constants1 is then a comparatively easy process1 capable of being regulated by simple general rules4 ,bentham's style becomes tiresome1 and was often improperly called obscure4 ,it requires attention1 but the meaning is never doubtful--and to the end we have frequent flashes of the old vivacity4 ,the ,rationale of ,evidence1 as ,mill remarks1#dag is 'one of the richest in matter of all ,bentham's productions4' ,it contains1 too1 many passages in ,bentham's earlier style1 judiciously preserved by his young editor2 indeed1 so many that ,i am tempted even to call the book amusing4 ,in spite of the wearisome effort to say everything1 and to force language into the mould presented by his theory1 ,bentham attracts us by his obvious sincerity4 ,the arguments may be unsatisfactory1 but they are genuine arguments4 ,they represent conviction2 they are given because they have convinced2 and no reader can deny that they really tend to convince4 ,we may complain that there are too many words1 and that the sentences are cumbrous2 but the substance is always to the point4 ,the main purpose may be very briefly indicated4 ,bentham begins by general considerations upon evidence1 in which he and his youthful editor indicate their general adherence to the doctrines of ,hume4#dah ,this leads to an application of the methods expounded in the ',introduction1' in order to show how the various motives or 'springs of action' and the 'sanctions' based upon them may affect the trustworthiness of evidence4 ,any motive whatever may incidentally cause 'mendacity4' ,the second book1 therefore1 considers what securities may be taken for 'securing trustworthiness4' ,we have1 for example1 a discussion of the value of oaths 7he thinks them valueless71 of the advantages and disadvantages of reducing evidence to writing1 of interrogating witnesses1 and of the publicity or privacy of evidence4 ,book iii4 deals with the 'extraction of evidence4' ,we have to compare the relative advantages of oral and written evidence1 the rules for cross-examining witnesses and for taking evidence as to their character4 ,book iv4 deals with 'pre-appointed evidence1' the cases1 that is1 in which events are recorded at the time of occurrence with a view to their subsequent use as evidence4 ,we have under this head to consider the formalities which should be required in regard to contracts and wills2 and the mode of recording judicial and other official decisions and registering births1 deaths1 and marriages4 ,in ,books v4 and vi4 we consider two kinds of evidence which is in one way or other of inferior cogency1 namely1 'circumstantial evidence1' in which the evidence if accepted still leaves room for a process of more or less doubtful inference2 and 'makeshift evidence1' such evidence as must sometimes be accepted for want of the best1 of which the most conspicuous instance is 'hearsay evidence4' ,book vii4 deals with the 'authentication' of evidence4 ,book viii4 is a consideration of the 'technical' system1 that namely which was accepted by ,english lawyers2 and finally ,book ix4 deals with a special point1 namely1 the exclusion of evidence4 ,bentham announces at starting#dai that he shall establish 'one theorem' and consider two problems4 ,the problems are3 'what securities can be taken for the truth of evidence8' and 'what rules can be given for estimating the value of evidence8' ,the 'theorem' is that no evidence should be excluded with the professed intention of obtaining a right decision2 though some must be excluded to avoid expense1 vexation1 and delay4 ,this1 therefore1 as his most distinct moral1 is fully treated in the last book4 ,had ,bentham confined himself to a pithy statement of his leading doctrines1 and confirmed them by a few typical cases1 he would have been more effective in a literary sense4 ,his passion for 'codification1' for tabulating and arranging facts in all their complexity1 and for applying his doctrine at full length to every case that he can imagine1 makes him terribly prolix4 ,on the other hand1 this process no doubt strengthened his own conviction and the conviction of his disciples as to the value of his process4 ,follow this clue of utility throughout the whole labyrinth1 see what a clear answer it offers at every point1 and you cannot doubt that you are in possession of the true compass for such a navigation4 ,indeed1 it seems to be indisputable that ,bentham's arguments are the really relevant and important arguments4 ,how can we decide any of the points which come up for discussion8 ,should a witness be cross-examined8 ,should his evidence be recorded8 ,should a wife be allowed to give evidence against her husband8 or the defendant to give evidence about his own case8 ,these and innumerable other points can only be decided by reference to what ,bentham understood by 'utility4' ,this or that arrangement is 'useful' because it enables us to get quickly and easily at the evidence1 to take effective securities for its truthfulness1 to estimate its relevance and importance1 to leave the decision to the most qualified persons1 and so forth4 ,these points1 again1 can only be decided by a careful appeal to experience1 and by endeavouring to understand the ordinary play of 'motives' and 'sanctions4' ,what generally makes a man lie1 and how is lying to be made unpleasant8 ,by rigorously fixing our minds at every point on such issues1 we find that many questions admit of very plain answers1 and are surprised to discover what a mass of obscurity has been dispelled4 ,it is1 however1 true that although the value of the method can hardly be denied unless we deny the value of all experience and common sense1 we may dispute the degree in which it confirms the general principle4 ,every step seems to ,bentham to reflect additional light upon his primary axiom4 ,yet it is possible to hold that witnesses should be encouraged to speak the truth1 and that experience may help us to discover the best means to that end without1 therefore1 admitting the unique validity of the 'greatest happiness' principle4 ,that principle1 so far as true1 may be itself a deduction from some higher principle2 and no philosopher of any school would deny that 'utility' should be in some way consulted by the legislator4 ,the book illustrates the next critical point in ,bentham's system--the transition from law to politics4 ,he was writing the book at the period when the failure of the ,panopticon was calling his attention to the wickedness of ,george ,,iii4 and ,lord ,eldon1 and when the ,english demand for parliamentary reform was reviving and supplying him with a sympathetic audience4 ,now1 in examining the theory of evidence upon the plan described1 ,bentham found himself at every stage in conflict with the existing system1 or rather the existing chaos of unintelligible rules4 ,english lawyers1 he discovered1 had worked out a system of rules for excluding evidence4 ,sometimes the cause was pure indolence4 ',this man1 were ,i to hear him1' says the ,english judge1 'would come out with a parcel of lies4 ,it would be a plague to hear him3 ,i have heard enough already2 shut the door in his face4'#dbj ,but1 as ,bentham shows with elaborate detail1 a reason for suspecting evidence is not a reason for excluding it4 ,a convicted perjurer gives evidence1 and has a pecuniary interest in the result4 ,that is excellent ground for caution2 but the fact that the man makes a certain statement may still be a help to the ascertainment of truth4 ,why should that help be rejected8 ,bentham scarcely admits of any exception to the general rule of taking any evidence you can get--one exception being the rather curious one of confession to a ,catholic priest2 secrecy in such cases is on the whole1 he thinks1 useful4 ,he exposes the confusion implied in an exclusion of evidence because it is not fully trustworthy1 which is equivalent to working in the dark because a partial light may deceive4 ,but this is only a part of a whole system of arbitrary1 inconsistent1 and technical rules worked out by the ingenuity of lawyers4 ,besides the direct injury they gave endless opportunity for skilful manoeuvring to exclude or admit evidence by adopting different forms of procedure4 ,rules had been made by judges as they were wanted and precedents established of contradictory tendency and uncertain application4 ,bentham contrasts the simplicity of the rules deducible from 'utility' with the amazing complexity of the traditional code of technical rules4 ,under the 'natural' system1 that of utility1 you have to deal with a quarrel between your servants or children4 ,you send at once for the disputants1 confront them1 take any relevant evidence1 and make up your mind as to the rights of the dispute4 ,in certain cases this 'natural' procedure has been retained1 as1 for example1 in courts-martial1 where rapid decision was necessary4 ,had the technical system prevailed1 the country would have been ruined in six weeks4#dba ,but the exposure of the technical system requires an elaborate display of intricate methods involving at every step vexation1 delay1 and injustice4 ,bentham reckons up nineteen separate devices employed by the courts4 ,he describes the elaborate processes which had to be gone through before a hearing could be obtained2 the distance of courts from the litigants2 the bandying of cases from court to court2 the chicaneries about giving notice2 the frequent nullification of all that had been done on account of some technical flaw2 the unintelligible jargon of ,latin and ,law-,french which veiled the proceedings from the public2 the elaborate mysteries of 'special pleading'2 the conflict of jurisdictions1 and the manufacture of new 'pleas' and new technical rules2 the 'entanglement of jurisdictions1' and especially the distinction between law and equity1 which had made confusion doubly confounded4 ,english law had become a mere jungle of unintelligible distinctions1 contradictions1 and cumbrous methods through which no man could find his way without the guidance of the initiated1 and in which a long purse and unscrupulous trickery gave the advantage over the poor to the rich1 and to the knave over the honest man4 ,one fruitful source of all these evils was the 'judge-made' law1 which ,bentham henceforth never ceased to denounce4 ,his ideal was a distinct code which1 when change was required1 should be changed by an avowed and intelligible process4 ,the chaos which had grown up was the natural result of the gradual development of a traditional body of law1 in which new cases were met under cover of applying precedents from previous decisions1 with the help of reference to the vague body of unwritten or 'common law1' and of legal fictions permitting some non-natural interpretation of the old formulae4 ,it is the judges1 he had already said in #agib1dbb 'that make the common law4 ,do you know how they make it8 ,just as a man makes laws for his dog4 ,when your dog does anything you want to break him of1 you wait till he does it and then beat him4 ,this is the way you make laws for your dog1 and this is the way the judges make laws for you and me4' ,the 'tyranny of judge-made law' is 'the most all-comprehensive1 most grinding1 and most crying of all grievances1'#dbc and is scarcely less bad than 'priest-made religion4'#dbd ,legal fictions1 according to him1 are simply lies4 ,the permission to use them is a 'mendacity licence4' ,in ',rome-bred law 444 fiction' is a 'wart which here and there disfigures the face of justice4 ,in ,english law fiction is a syphilis which runs into every vein and carries into every part of the system the principle of rottenness4'#dbe ,the evils denounced by ,bentham were monstrous4 ,the completeness of the exposure was his great merit2 and his reputation has suffered1 as we are told on competent authority1 by the very efficiency of his attack4 ,the worst evils are so much things of the past1 that we forget the extent of the evil and the merits of its assailant4 ,bentham's diagnosis of the evil explains his later attitude4 ,he attributes all the abuses to consciously corrupt motives even where a sufficient explanation can be found in the human stupidity and honest incapacity to look outside of traditional ways of thought4 ,he admits1 indeed1 the personal purity of ,english judges4 ,no ,english judge had ever received a bribe within living memory4#dbf ,but this1 he urges1 is only because the judges find it more profitable as well as safer to carry out a radically corrupt system4 ,a synonym for 'technical' is 'fee-gathering4' ,lawyers of all classes had a common interest in multiplying suits and complicating procedure3 and thus a tacit partnership had grown up which he describes as ',judge and ,co4' ,he gives statistics showing that in the year #agig five hundred and forty-three out of five hundred and fifty 'writs of error' were 'shams1' or simply vexatious contrivances for delay1 and brought a profit to the ,chief ,justice of over ,l#adjj4dbg ,lord ,eldon was always before him as the typical representative of obstruction and obscurantism4 ,in his ,indications respecting ,lord ,eldon 7#ahbe7 he goes into details which it must have required some courage to publish4 ,under ,eldon1 he says1 'equity has become an instrument of fraud and extortion4'#dbh ,he details the proceedings by which ,eldon obtained the sanction of parliament for a system of fee-taking1 which he had admitted to be illegal1 and which had been denounced by an eminent solicitor as leading to gross corruption4 ,bentham intimates that the ,masters in ,chancery were 'swindlers1'#dbi and that ,eldon was knowingly the protector and sharer of their profits4 ,romilly1 who had called the ,court of ,chancery 'a disgrace to a civilised nation1' had said that ,eldon was the cause of many of the abuses1 and could have reformed most of the others4 ,erskine had declared that if there was a hell1 the ,court of ,chancery was hell4#dcj ,eldon1 as ,bentham himself thought1 was worse than ,jeffreys4 ,eldon's victims had died a lingering death1 and the persecutor had made money out of their sufferings4 ,jeffreys was openly brutal2 while ,eldon covered his tyranny under the 'most accomplished indifference4'#dca ,yet ,eldon was but the head of a band4 ,judges1 barristers1 and solicitors were alike4 ,the most hopeless of reforms would be to raise a 'thorough-paced ,english lawyer' to the moral level of an average man4#dcb ,to attack legal abuses was to attack a class combined under its chiefs1 capable of hoodwinking parliament and suppressing open criticism4 ,the slave-traders whom ,wilberforce attacked were comparatively a powerless excrescence4 ,the legal profession was in the closest relations to the monarchy1 the aristocracy1 and the whole privileged and wealthy class4 ,they were welded into a solid 'ring4' ,the king1 and his ministers who distributed places and pensions2 the borough-mongers who sold votes for power2 the clergy who looked for bishoprics2 the monied men who aspired to rank and power1 were all parts of a league4 ,it was easy enough to talk of law reform4 ,romilly had proposed and even carried a 'reformatiuncle' or two2#dcc but to achieve a serious success required not victory in a skirmish or two1 not the exposure of some abuse too palpable to be openly defended even by an ,eldon1 but a prolonged war against an organised army fortified and entrenched in the very heart of the country4 ,,notes3 #dae ,works1 iii4 #bfg4 #daf ,ibid4 x4 #efi #dag ,autobiography1 p4 #aaf4 #dah ,the subject is again treated in ,book v4 on ',circumstantial ,evidence4' #dai ,works1 vi4 #bjd4 #dbj ,works1 vii4 #cia4 #dba ,works1 vii4 #cba-be4 ,court-martials are hardly a happy example now4 #dbb ',truth v4 ,ashhurst' 7#agib71 ,works1 v4 #bce4 #dbc ,works 7',codification ,petition'71 v4 #ddb4 #dbd ,ibid4 vi4 #aa4 #dbe ,ibid4 v4 #ib4 #dbf ,works1 vii4 #bjd1 #cca2 ix4 #adc4 #dbg ,ibid4 vii4 #bad4 #dbh ,ibid4 v4 #cdi4 #dbi ,ibid4 v4 #cfd4 #dcj ,works1 v4 #cga4 #dca ,ibid4 v4 #cge4 #dcb ,ibid4 vii4 #ahh4 #dcc ,ibid4 v4 #cgj4 ,,vi4 ,,radicalism ,thus ,bentham1 as his eyes were opened1 became a ,radical4 ,the political purpose became dominant1 although we always see that the legal abuses are uppermost in his mind2 and that what he really seeks is a fulcrum for the machinery which is to overthrow ,lord ,eldon4 ,some of the pamphlets deal directly with the special instruments of corruption4 ,the ,elements of the ,art of ,packing shows how the crown managed to have a permanent body of special 'jurors' at its disposal4 ,the 'grand and paramount use'#dcd of this system was to crush the liberty of the press4 ,the obscure law of libel1 worked by judges in the interest of the government1 enabled them to punish any rash ,radical for 'hurting the feelings' of the ruling classes1 and to evade responsibility by help of a 'covertly pensioned' and servile jury4 ,the pamphlet1 though tiresomely minute and long-winded1 contained too much pointed truth to be published at the time4 ,the ,official ,aptitude minimised contains a series of attacks upon the system of patronage and pensions by which the machinery of government was practically worked4 ,in the ,catechism of reformers1 written in #ahji1 ,bentham began the direct application of his theories to the constitution2 and the final and most elaborate exposition of these forms the ,constitutional ,code1 which was the main work of his later years4 ,this book excited the warmest admiration of ,bentham's disciples4#dce ,j4 ,s4 ,mill speaks of its 'extraordinary power 444 of at once seizing comprehensive principles and scheming out minute details1' and of its 'surpassing intellectual vigour4' ,nor1 indeed1 will any one be disposed to deny that it is a singular proof of intellectual activity1 when we remember that it was begun when the author was over seventy1 and that he was still working at eighty-four4#dcf ,in this book ,bentham's peculiarities of style reach their highest development1 and it cannot be recommended as light reading4 ,had ,bentham been a mystical philosopher1 he would1 we may conjecture1 have achieved a masterpiece of unintelligibility which all his followers would have extolled as containing the very essence of his teaching4 ,his method condemned him to be always intelligible1 however crabbed and elaborate4 ,perhaps1 however1 the point which strikes one most is the amazing simple-mindedness of the whole proceeding4 ,bentham's light-hearted indifference to the distinction between paper constitutions and operative rules of conduct becomes almost pathetic4 ,bentham was clearly the victim of a common delusion4 ,if a system will work1 the minutest details can be exhibited4 ,therefore1 it is inferred1 an exhibition of minute detail proves that it will work4 ,unfortunately1 the philosophers of ,laputa would have had no more difficulty in filling up details than the legislators of ,england or the ,united ,states4 ,when ,bentham had settled in his ',radical ,reform ,bill'#dcg that the 'voting-box' was to be a double cube of cast-iron1 with a slit in the lid1 into which cards two inches by one1 white on one side and black on the other1 could be inserted1 he must have felt that he had got very near to actual application3 he can picture the whole operation and nobody can say that the scheme is impracticable for want of working plans of the machinery4 ,there will1 doubtless1 be no difficulty in settling the shape of the boxes1 when we have once agreed to have the ballot4 ,but a discussion of such remote details of ,utopia is of incomparably less real interest than the discussion in the ,rationale of ,evidence of points1 which1 however minute1 were occurring every day1 and which were really in urgent need of the light of common sense4 ,bentham's general principles may be very simply stated4 ,they are1 in fact1 such as were suggested by his view of legal grievances4 ,why1 when he had demonstrated that certain measures would contribute to the 'greatest happiness of the greatest number1' were they not at once adopted8 ,because the rulers did not desire the greatest happiness of the greatest number4 ,this1 in ,bentham's language1 is to say that they were governed by a 'sinister interest4' ,their interest was that of their class1 not that of the nation2 they aimed at the greatest happiness of some1 not at the greatest happiness of all4 ,a generalisation of this remark gives us the first axioms of all government4 ,there are two primary principles3 the 'self-preference' principle1 in virtue of which every man always desires his own greatest happiness'2 and the 'greatest happiness' principle1 in virtue of which 'the right and proper end' of government is the 'greatest happiness of the greatest number4'#dch ,the 'actual end' of every government1 again1 is the greatest happiness of the governors4 ,hence the whole problem is to produce a coincidence of the two ends1 by securing an identity of interest between governors and governed4 ,to secure that we have only to identify the two classes or to put the government in the hands of all4#dci ,in a monarchy1 the ruler aims at the interest of one--himself2 in a 'limited monarchy' the aim is at the happiness of the king and the small privileged class2 in a democracy1 the end is the right one--the greatest happiness of the greatest number4 ,this is a short cut to all constitutional questions4 ,probably it has occurred in substance to most youthful members of debating societies4 ,bentham's confidence in his logic lifts him above any appeal to experience2 and he occasionally reminds us of the proof given in ,martin ,chuzzlewit that the queen must live in the ,tower of ,london4 ,the 'monarch1' as he observes1#ddj 'is naturally the very worst--the most maleficent member of the whole community4' ,wherever an aristocracy differs from the democracy1 their judgment will be erroneous4#dda ,the people will naturally choose 'morally apt agents1' and men who wish to be chosen will desire truly to become 'morally apt1' for they can only recommend themselves by showing their desire to serve the general interest4#ddb ',all experience testifies to this theory1' though the evidence is 'too bulky' to be given4 ,other proofs1 however1 may at once be rendered superfluous by appealing to 'the uninterrupted and most notorious experience of the ,united ,states4'#ddc ,to that happy country he often appeals indeed#ddd as a model government4 ,in it1 there is no corruption1 no useless expenditure1 none of the evils illustrated by our 'matchless constitution4' ,the constitution deduced from these principles has at least the merit of simplicity4 ,we are to have universal suffrage1 annual parliaments1 and vote by ballot4 ,he inclines to give a vote to women4#dde ,there is to be no king1 no house of peers1 no established church4 ,members of parliament are not to be re-eligible1 till after an interval4 ,elaborate rules provide for their regular attendance and exclusive devotion to their masters' business4 ,they are to be simply 'deputies1' not 'representatives4' ,they elect a prime minister who holds office for four years4 ,officials are to be appointed by a complex plan of competitive examination2 and they are to be invited to send in tenders for doing the work at diminished salary4 ,when once in office1 every care is taken for their continual inspection by the public and the verification of their accounts4 ,they are never for an instant to forget that they are servants1 not the masters1 of the public4 ,bentham1 of course1 is especially minute and careful in regard to the judicial organisation--a subject upon which he wrote much1 and much to the purpose4 ,the functions and fees of advocates are to be narrowly restricted1 and advocates to be provided gratuitously for the poor4 ,they are not to become judges3 to make a barrister a judge is as sensible as it would be to select a procuress for mistress of a girls' school4#ddf ,judges should be everywhere accessible3 always on duty1 too busy to have time for corruption1 and always under public supervision4 ,one characteristic device is his quasi-jury4 ,the ,english system of requiring unanimity was equivalent to enforcing perjury by torture4 ,its utility as a means of resisting tyranny would disappear when tyranny had become impossible4 ,but public opinion might be usefully represented by a 'quasi-jury' of three or five1 who should not pronounce a verdict1 but watch the judge1 interrogate1 if necessary1 and in case of need demand a rehearing4 ,judges1 of course1 were no longer to make law1 but to propose amendments in the ',pannomion' or universal code1 when new cases arose4 ,his leading principle may be described in one word as 'responsibility1' or expressed in his leading rule1 ',minimise ,confidence4'#ddg ',all government is in itself one vast evil4'#ddh ,it consists in applying evil to exclude worse evil4 ,even 'to reward is to punish1'#ddi when reward is given by government4 ,the less government1 then1 the better2 but as governors are a necessary evil1 they must be limited by every possible device to the sole legitimate aim1 and watched at every turn by the all-seeing eye of public opinion4 ,every one must admit that this is an application of a sound principle1 and that one condition of good government is the diffusion of universal responsibility4 ,it must be admitted1 too1 that ,bentham's theory represents a vigorous embodiment and unflinching application of doctrines which since his time have spread and gained more general authority4 ,mill says that granting one assumption1 the ,constitutional ,code is 'admirable4'#dej ,that assumption is that it is for the good of mankind to be under the absolute authority of a majority4 ,in other words1 it would justify what ,mill calls the 'despotism of public opinion4' ,to protest against that despotism was one of the main purposes of ,mill's political writings4 ,how was it that the disciple came to be in such direct opposition to his master8 ,that question cannot be answered till we have considered ,mill's own position4 ,but ,i have now followed ,bentham far enough to consider the more general characteristics of his doctrine4 ,i have tried1 in the first place1 to show what was the course of ,bentham's own development2 how his observation of certain legal abuses led him to attempt the foundation of a science of jurisprudence2 how the difficulty of obtaining a hearing for his arguments led him to discover the power of ',judge and ,co4'2 how he found out that behind ',judge and ,co4' were ,george ,,iii4 and the base ,sidmouth1 and the whole band of obstructors entrenched within the 'matchless constitution'2 and how thus his attack upon the abuses of the penal law led him to attack the whole political framework of the country4 ,i have also tried to show how ,bentham's development coincided with that of the ,english reformers generally4 ,they too began with attacking specific abuses4 ,they were for 'reform1 not revolution4' ,the constitution satisfied them in the main3 they boasted of the palladia of their liberties1 'trial by jury' and the ',habeas ,corpus' ,act1 and held ,frenchmen to be frog-eating slaves in danger of lettres de cachet and the ,bastille4 ,english public opinion in spite of many trammels had a potent influence4 ,their first impulse1 therefore1 was simply to get rid of the trammels--the abuses which had grown up from want of a thorough application of the ancient principles in their original purity4 ,the ,english ,whig1 even of the more radical persuasion1 was profoundly convinced that the foundations were sound1 however unsatisfactory might be the superstructure4 ,thus1 both ,bentham and the reformers generally started--not from abstract principles1 but from the assault upon particular abuses4 ,this is the characteristic of the whole ,english movement1 and gives the meaning of their claim to be 'practical4' ,the ,utilitarians were the reformers on the old lines2 and their philosophy meant simply a desire to systematise the ordinary common sense arguments4 ,the philosophy congenial to this vein is the philosophy which appeals to experience4 ,locke had exploded 'innate ideas4' ,they denounced 'intuitions1' or beliefs which might override experience as 'innate ideas' in a new dress2 and the attempt to carry out this view systematically became the distinctive mark of the whole school4 ,bentham accepted1 though he did little to elaborate1 this doctrine4 ,that task remained for his disciples4 ,but the tendency is shown by his view of a rival version of ,radicalism4 ,bentham1 as we have seen1 regarded the ,american ,declaration of ,independence as so much 'jargon4' ,he was entirely opposed to the theory of the 'rights of man1' and therefore to the 'ideas of #aghi4' ,from that theory the revolutionary party professed to deduce their demands for universal suffrage1 the levelling of all privileges1 and the absolute supremacy of the people4 ,yet ,bentham1 repudiating the premises1 came to accept the conclusion4 ,his ,constitutional ,code scarcely differs from the ideal of the ,jacobins'1 except in pushing the logic further4 ,the machinery by which he proposed to secure that the so-called rulers should become really the servants of the people was more thoroughgoing and minutely worked out than that of any democratic constitution that has ever been adopted4 ,how was it that two antagonist theories led to identical results2 and that the 'rights of man1' absurd in philosophy1 represented the ideal state of things in practice8 ,the general answer may be that political theories are not really based upon philosophy4 ,the actual method is to take your politics for granted on the one side and your philosophy for granted on the other1 and then to prove their necessary connection4 ,but it is1 at any rate1 important to see what was the nature of the philosophical assumptions implicitly taken for granted by ,bentham4 ,the 'rights of man' doctrine confounds a primary logical canon with a statement of fact4 ,every political theory must be based upon facts as well as upon logic4 ,any reasonable theory about politics must no doubt give a reason for inequality and a reason1 too1 for equality4 ,the maxim that all men were1 or ought to be1 'equal' asserts correctly that there must not be arbitrary differences4 ,every inequality should have its justification in a reasonable system4 ,but when this undeniable logical canon is taken to prove that men actually are equal1 there is an obvious begging of the question4 ,in point of fact1 the theorists immediately proceeded to disfranchise half the race on account of sex1 and a third of the remainder on account of infancy4 ,they could only amend the argument by saying that all men were equal in so far as they possessed certain attributes4 ,but those attributes could only be determined by experience1 or1 as ,bentham would have put it1 by an appeal to 'utility4' ,it is illogical1 said the anti-slavery advocate1 to treat men differently on account of the colour of their skins4 ,no doubt it is illogical if1 in fact1 the difference of colour does not imply a difference of the powers which fit a man for the enjoyment of certain rights4 ,we may at least grant that the burden of proof should be upon those who would disfranchise all red-haired men4 ,but this is because experience shows that the difference of colour does not mark a relevant difference4 ,we cannot say1 a priori1 whether the difference between a negro and a white man may not be so great as to imply incapacity for enjoyment of equal rights4 ,the black skin might--for anything a mere logician can say--indicate the mind of a chimpanzee4 ,the case against slavery does not rest on the bare fact that negroes and whites both belong to the class 'man1' but on the fact that the negro has powers and sensibilities which fit him to hold property1 to form marriages1 to learn his letters1 and so forth4 ,but that fact is undeniably to be proved1 not from the bare logic1 but from observation of the particular case4 ,bentham saw with perfect clearness that sound political theory requires a basis of solid fact4 ,the main purpose of his whole system was to carry out that doctrine thoroughly4 ,his view is given vigorously in the ',anarchical ,fallacies'--a minute examination of the ,french ,declaration of ,rights in #agia4 ,his argument is of merciless length1 and occasionally so minute as to sound like quibbling4 ,the pith1 however1 is clear enough4 ',all men are born and remain free and equal in respect of rights' are the first words of the ,declaration4 ,nobody is 'born free1' retorts ,bentham4 ,everybody is born1 and long remains1 a helpless child4 ,all men born free6 ,absurd and miserable nonsense6 ,why1 you are complaining in the same breath that nearly everybody is a slave4#dea ,to meet this objection1 the words might be amended by substituting 'ought to be' for 'is4' ,this1 however1 on ,bentham's showing1 at once introduces the conception of utility1 and therefore leads to empirical considerations4 ,the proposition1 when laid down as a logical necessity1 claims to be absolute4 ,therefore it implies that all authority is bad2 the authority1 for example1 of parent over child1 or of husband over wife2 and moreover1 that all laws to the contrary are ipso facto void4 ,that is why it is 'anarchical4' ,it supposes a 'natural right1' not only as suggesting reasons for proposed alterations of the legal right1 but as actually annihilating the right and therefore destroying all government4 ',natural rights1' says ,bentham1#deb is simple nonsense2 natural and imprescriptible rights 'rhetorical nonsense--nonsense upon stilts4' ,for 'natural right' substitute utility1 and you have1 of course1 a reasonable principle1 because an appeal to experience4 ,but lay down 'liberty' as an absolute right and you annihilate law1 for every law supposes coercion4 ,one man gets liberty simply by restricting the liberty of others4#dec ,what ,bentham substantially says1 therefore1 is that on this version absolute rights of individuals could mean nothing but anarchy2 or that no law can be defended except by a reference to facts1 and therefore to 'utility4' ,one answer might be that the demand is not for absolute liberty1 but for as much liberty as is compatible with equal liberty for all4 ,the fourth article of the ,declaration says3 ',liberty consists in being able to do that which is not hurtful to another1 and therefore the exercise of the natural rights of each man has no other bounds than those which ensure to the other members of the society the enjoyment of the same rights4' ,this formula corresponds to a theory held by ,mr4 ,herbert ,spencer2 and1 as he observes1#ded held on different grounds by ,kant4 ,bentham's view1 indicated by his criticism of this article in the ',anarchical ,fallacies1' is therefore worth a moment's notice4 ,the formula does not demand the absolute freedom which would condemn all coercion and all government2 but it still seems to suggest that liberty1 not utility1 is the ultimate end4 ,bentham's formula1 therefore1 diverges4 ,all government1 he holds1 is an evil1 because coercion implies pain4 ,we must therefore minimise1 though we cannot annihilate1 government2 but we must keep to utility as the sole test4 ,government should1 of course1 give to the individual all such rights as are 'useful'2 but it does not follow1 without a reference to utility1 that men should not be restrained even in 'self-regarding' conduct4 ,some men1 women1 and children require to be protected against the consequences of their own 'weakness1 ignorance1 or imprudence4'#dee ,bentham adheres1 that is1 to the strictly empirical ground4 ,the absolute doctrine requires to be qualified by a reference to actual circumstances3 and1 among those circumstances1 as ,bentham intimates1 we must include the capacity of the persons concerned to govern themselves4 ,carried out as an absolute principle1 it would imply the independence of infants2 and must therefore require some reference to 'utility4' ,bentham1 then1 objects to the ,jacobin theory as too absolute and too 'individualist4' ,the doctrine begs the question2 it takes for granted what can only be proved by experience2 and therefore lays down as absolute theories which are only true under certain conditions or with reference to the special circumstances to which they are applied4 ,that is inconsistent with ,bentham's thoroughgoing empiricism4 ,but he had antagonists to meet upon the other side3 and1 in meeting them1 he was led to a doctrine which has been generally condemned for the very same faults--as absolute and individualist4 ,we have only to ask in what sense ,bentham appealed to 'experience' to see how he actually reached his conclusions4 ,the adherents of the old tradition appealed to experience in their own way4 ,the ,english people1 they said1 is the freest1 richest1 happiest in the world2 it has grown up under the ,british ,constitution3 therefore the ,british ,constitution is the best in the world1 as ,burke tells you1 and the ,british common law1 as ,blackstone tells you1 is the 'perfection of wisdom4' ,bentham's reply was virtually that although he1 like ,burke1 appealed to experience1 he appealed to experience scientifically organised1 whereas ,burke appealed to mere blind tradition4 ,bentham is to be the founder of a new science1 founded like chemistry on experiment1 and his methods are to be as superior to those of ,burke as those of modern chemists to those of the alchemists who also invoked experience4 ,the true plan was not to throw experience aside because it was alleged by the ignorant and the prejudiced1 but to interrogate experience systematically1 and so to become the ,bacon or the ,newton of legislation1 instead of wandering off into the a priori constructions of a ,descartes or a ,leibniz4 ,bentham thus professes to use an 'inductive' instead of the deductive method of the ,jacobins2 but reaches the same practical conclusions from the other end4 ,the process is instructive4 ,he objected to the existing inequalities1 not as inequalities simply1 but as mischievous inequalities4 ,he1 as well as the ,jacobins1 would admit that inequality required justification2 and he agreed with them that1 in this case1 there was no justification4 ,the existing privileges did not promote the 'greatest happiness of the greatest number4' ,the attack upon the ',anarchical ,fallacies' must be taken with the ,book of ,fallacies1 and the ,book of ,fallacies is a sustained and vigorous1 though a curiously cumbrous1 assault upon the ,conservative arguments4 ,its pith may be found in ,sydney ,smith's ,noodle's ,oration2 but it is itself well worth reading by any one who can recognise really admirable dialectical power1 and forgive a little crabbedness of style in consideration of genuine intellectual vigour4 ,i only notice ,bentham's assault upon the 'wisdom of our ancestors4' ,after pointing out how much better we are entitled to judge now that we have got rid of so many superstitions1 and have learned to read and write1 he replies to the question1 ',would you have us speak and act as if we never had any ancestors8' ',by no means1' he replies2 'though their opinions were of little value1 their practice is worth attending to2 but chiefly because it shows the bad consequences of their opinions4' ',from foolish opinion comes foolish conduct2 from foolish conduct the severest disaster2 and from the severest disaster the most useful warning4 ,it is from the folly1 not from the wisdom1 of our ancestors that we have so much to learn4'#def ,bentham has become an 'ancestor1' and may teach us by his errors4 ,pointed and vigorous as is his exposure of many of the sophistries by which ,conservatives defended gross abuses and twisted the existence of any institution into an argument for its value1 we get some measure from this of ,bentham's view of history4 ,in attacking an abuse1 he says1 we have a right to inquire into the utility of any and every arrangement4 ,the purpose of a court of justice is to decide litigation2 it has to ascertain facts and apply rules3 does it then ascertain facts by the methods most conducive to the discovery of truth8 ,are the rules needlessly complex1 ambiguous1 calculated to give a chance to knaves1 or to the longest purse8 ,if so1 undoubtedly they are mischievous4 ,bentham had done inestimable service in stripping away all the disguises and technical phrases which had evaded the plain issue1 and therefore made of the laws an unintelligible labyrinth4 ,he proceeded to treat in the same way of government generally4 ,does it work efficiently for its professed ends8 ,is it worked in the interests of the nation1 or of a special class1 whose interests conflict with those of the nation8 ,he treated1 that is1 of government as a man of business might investigate a commercial undertaking4 ,if he found that clerks were lazy1 ignorant1 making money for themselves1 or bullying and cheating the customers1 he would condemn the management4 ,bentham found the 'matchless constitution' precisely in this state4 ,he condemned political institutions worked for the benefit of a class1 and leading1 especially in legal matters1 to endless abuses and chicanery4 ,the abuses everywhere imply 'inequality' in some sense2 for they arise from monopoly4 ,the man who holds a sinecure1 or enjoys a privilege1 uses it for his own private interest4 ,the 'matter of corruption1' as ,bentham called it1 was provided by the privilege and the sinecure4 ,the ,jacobin might denounce privileges simply as privileges1 and ,bentham denounce them because they were used by the privileged class for corrupt purposes4 ,so far1 ,bentham and the ,jacobins were quite at one4 ,it mattered little to the result which argument they preferred to use1 and without doubt they had a very strong case1 and did in fact express a demand for justice and for a redress of palpable evils4 ,the difference seems to be that in one case the appeal is made in the name of justice and equality2 in the other case1 in the name of benevolence and utility4 ,the important point here1 however1 is to understand ,bentham's implicit assumptions4 ,j4 ,s4 ,mill1 in criticising his master1 points out very forcibly the defects arising from ,bentham's attitude to history4 ,he simply continued1 as ,mill thinks1 the hostility with which the critical or destructive school of the eighteenth century regarded their ancestors4 ,to the revolutionary party history was a record of crimes and follies and of little else4 ,the question will meet us again2 and here it is enough to ask what is the reason of his tacit implication of ,bentham's position4 ,bentham's whole aim1 as ,i have tried to show1 was to be described as the construction of a science of legislation4 ,the science1 again1 was to be purely empirical4 ,it was to rest throughout upon the observation of facts4 ,that aim--an admirable aim--runs through his whole work and that of his successors4 ,i have noticed1 indeed1 how easily ,bentham took for granted that his makeshift classification of common motives amounted to a scientific psychology4 ,a similar assumption that a rough sketch of a science is the same thing as its definite constitution is characteristic of the ,utilitarians in general4 ,a scientific spirit is most desirable2 but the ,utilitarians took a very short cut to scientific certainty4 ,though appealing to experience1 they reach formulae as absolute as any 'intuitionist' could desire4 ,what is the logical process implied8 ,to constitute an empirical science is to show that the difference between different phenomena is due simply to 'circumstances4' ,the explanation of the facts becomes sufficient when the 'law' can be stated1 as that of a unit of constant properties placed in varying positions4 ,this corresponds to the procedure in the physical sciences1 where the ultimate aim is to represent all laws as corresponding to the changes of position of uniform atoms4 ,in social and political changes the goal is the same4 ,j4 ,s4 ,mill states in the end of his ,autobiography#deg that one main purpose of his writing was to show that 'differences between individuals1 races1 or sexes' are due to 'differences in circumstances4' ,in fact1 this is an aim so characteristic from the beginning of the whole school1 that it may be put down almost as a primary postulate4 ,it was not1 indeed1 definitely formulated2 but to 'explain' a social theorem was taken to be the same thing as to show how differences of character or conduct could be explained by 'circumstance'--meaning by 'circumstance' something not given in the agent himself4 ,we have1 however1 no more right as good empiricists to assert than to deny that all difference comes from 'circumstance4' ,if we take 'man' as a constant quantity in our speculations1 it requires at least a great many precautions before we can assume that our abstract entity corresponds to a real concrete unit4 ,otherwise we have a short cut to a doctrine of 'equality4' ,the theory of 'the rights of man' lays down the formula1 and assumes that the facts will correspond4 ,the ,utilitarian assumes the equality of fact1 and of course brings out an equally absolute formula4 ',equality1' in some sense1 is introduced by a side wind1 though not explicitly laid down as an axiom4#deh ,this underlying tendency may partly explain the coincidence of results--though it would require a good many qualifications in detail2 but here ,i need only take ,bentham's more or less unconscious application4 ,bentham's tacit assumption1 in fact1 is that there is an average 'man4' ,different specimens of the race1 indeed1 may vary widely according to age1 sex1 and so forth2 but1 for purposes of legislation1 he may serve as a unit4 ,we can assume that he has on the average certain qualities from which his actions in the mass can be determined with sufficient accuracy1 and we are tempted to assume that they are mainly the qualities obvious to an inhabitant of ,queen's ,square ,place about the year #ahjj4 ,mill defends ,bentham against the charge that he assumed his codes to be good for all men everywhere4 ,to that1 says ,mill1#dei the essay upon the ',influence of ,time and ,place in ,matters of ,legislation' is a complete answer4 ,yet ,mill#dfj admits in the same breath that ,bentham omitted all reference to 'national character4' ,in fact1 as we have seen1 ,bentham was ready to legislate for ,hindoostan as well as for his own parish2 and to make codes not only for ,england1 ,spain1 and ,russia1 but for ,morocco4 ,the ,essay mentioned really explains the point4 ,bentham not only admitted but asserted as energetically as became an empiricist1 that we must allow for 'circumstances'2 and circumstances include not only climate and so forth1 but the varying beliefs and customs of the people under consideration4 ,the real assumption is that all such circumstances are superficial1 and can be controlled and altered indefinitely by the 'legislator4' ,the ,moor1 the ,hindoo1 and the ,englishman are all radically identical2 and the differences which must be taken into account for the moment can be removed by judicious means4 ,without pausing to illustrate this from the ,essay1 ,i may remark that for many purposes such an assumption is justifiable and guides ordinary common sense4 ,if we ask what would be the best constitution for a commercial company1 or the best platform for a political party1 we can form a fair guess by arguing from the average of ,bentham and his contemporaries--especially if we are shrewd attornies or political wirepullers4 ,only we are not therefore in a position to talk about the 'science of human nature' or to deal with problems of 'sociology4' ,this1 however1 gives ,bentham's 'individualism' in a sense of the phrase already explained4 ,he starts from the 'ready-made man1' and deduces all institutions or legal arrangements from his properties4 ,i have tried to show how naturally this view fell in with the ordinary political conceptions of the time4 ,it shows1 again1 why ,bentham disregards history4 ,when we have such a science1 empirical or a priori1 history is at most of secondary importance4 ,we can deduce all our maxims of conduct from the man himself as he is before us4 ,history only shows how terribly he blundered in the pre-scientific period4 ,the blunders may give us a hint here and there4 ,man was essentially the same in the first and the eighteenth century1 and the differences are due to the clumsy devices which he made by rule of thumb4 ,we do not want to refer to them now1 except as illustrations of errors4 ,we may remark how difficult it was to count before the present notation was invented2 but when it has once been invented1 we may learn to use it without troubling our heads about our ancestors' clumsy contrivances for doing without it4 ,this leads to the real shortcoming4 ,there is a point at which the historical view becomes important--the point1 namely1 where it is essential to remember that man is not a ready-made article1 but the product of a long and still continuing 'evolution4' ,bentham's attack 7in the ,fragment7 upon the 'social contract' is significant4 ,he was1 no doubt1 perfectly right in saying that an imaginary contract could add no force to the ultimate grounds for the social union4 ,nobody would now accept the fiction in that stage4 ,and yet the 'social contract' may be taken to recognise a fact2 namely1 that the underlying instincts upon which society alternately rests correspond to an order of reasons from those which determine more superficial relations4 ,society is undoubtedly useful1 and its utility may be regarded as its ground4 ,but the utility of society means much more than the utility of a railway company or a club1 which postulates as existing a whole series of already established institutions4 ,to ,bentham an 'utility' appeared to be a kind of permanent and ultimate entity which is the same at all periods--it corresponds to a psychological currency of constant value4 ,to show1 therefore1 that the social contract recognises 'utility' is to show that the whole organism is constructed just as any particular part is constructed4 ,man comes first and 'society' afterwards4 ,i have already noticed how this applies to his statements about the utility of a law2 how his argument assumes an already constituted society1 and seems to overlook the difference between the organic law upon which all order essentially depends1 and some particular modification or corollary which may be superinduced4 ,we now have to notice the political version of the same method4 ,the 'law1' according to ,bentham1 is a rule enforced by a 'sanction4' ,the imposer of the rule in the phrase which ,hobbes had made famous is the 'sovereign4' ,hobbes was a favourite author1 indeed1 of the later ,utilitarians1 though ,bentham does not appear to have studied him4 ,the relation is one of natural affinity4 ,when in the ,constitutional ,code ,bentham transfers the 'sovereignty' from the king to the 'people1'#dfa he shows the exact difference between his doctrine and that of the ,leviathan4 ,both thinkers are absolutists in principle1 though ,hobbes gives to a monarch the power which ,bentham gives to a democracy4 ,the attributes remain though their subject is altered4 ,the 'sovereign1' in fact1 is the keystone of the whole ,utilitarian system4 ,he represents the ultimate source of all authority1 and supplies the motive for all obedience4 ,as ,hobbes put it1 he is a kind of mortal ,god4 ,mill's criticism of ,bentham suggests the consequences4 ,there are1 he says1#dfb three great questions3 ,what government is for the good of the people8 ,how are they to be induced to obey it8 ,how is it to be made responsible8 ,the third question1 he says1 is the only one seriously considered by ,bentham2 and ,bentham's answer1 we have seen1 leads to that 'tyranny of the majority' which was ,mill's great stumbling-block4 ,why1 then1 does ,bentham omit the other questions8 or rather1 how would he answer them8 for he certainly assumes an answer4 ,people1 in the first place1 are 'induced to obey' by the sanctions4 ,they don't rob that they may not go to prison4 ,that is a sufficient answer at a given moment4 ,it assumes1 indeed1 that the law will be obeyed4 ,the policeman1 the gaoler1 and the judge will do what the sovereign--whether despot or legislature--orders them to do4 ,the jurist may naturally take this for granted4 ,he does not go 'behind the law4' ,that is the law which the sovereign has declared to be the law4 ,in that sense1 the sovereign is omnipotent4 ,he can1 as a fact1 threaten evildoers with the gallows2 and the jurist simply takes the fact for granted1 and assumes that the coercion is an ultimate fact4 ,no doubt it is ultimate for the individual subject4 ,the immediate restraint is the policeman1 and we need not ask upon what does the policeman depend4 ,if1 however1 we persist in asking1 we come to the historical problems which ,bentham simply omits4 ,the law itself1 in fact1 ultimately rests upon 'custom1'--upon the whole system of instincts1 beliefs1 and passions which induce people to obey government1 and are1 so to speak1 the substance out of which loyalty and respect for the law is framed4 ,these1 again1 are the product of an indefinitely long elaboration1 which ,bentham takes for granted4 ,he assumes as perfectly natural and obvious that a number of men should meet1 as the ,americans or ,frenchmen met1 and create a constitution4 ,that the possibility of such a proceeding involves centuries of previous training does not occur to him4 ,it is assumed that the constitution can be made out of hand1 and this assumption is of the highest importance1 not only historically1 but for immediate practice4 ,mill assumes too easily that ,bentham has secured responsibility4 ,bentham assumes that an institution will work as it is intended to work--perhaps the commonest error of constitution-mongers4 ,if the people use the instruments which he provides1 they have a legal method for enforcing obedience4 ,to infer that they will do so is to infer that all the organic instincts will operate precisely as he intends2 that each individual1 for example1 will form an independent opinion upon legislative questions1 vote for men who will apply his opinions1 and see that his representatives perform his bidding honestly4 ,that they should do so is essential to his scheme2 but that they will do so is what he takes for granted4 ,he assumes1 that is1 that there is no need for inquiring into the social instincts which lie beneath all political action4 ,you can make your machine and assume the moving force4 ,that is the natural result of considering political and legislative problems without taking into account the whole character of the human materials employed in the construction4 ,bentham's sovereign is thus absolute4 ,he rules by coercion1 as a foreign power may rule by the sword in a conquered province4 ,thus1 force is the essence of government1 and it is needless to go further4 ,to secure the right application of the force1 we have simply to distribute it among the subjects4 ,government still means coercion1 and ultimately nothing else2 but then1 as the subjects are simply moved by their own interests1 that is1 by utility1 they will apply the power to secure those interests4 ,therefore1 all that is wanted is this distribution1 and ,mill's first problem1 ,what government is for the good of the people8 is summarily answered4 ,the question1 how obedience is to be secured1 is evaded by confining the answer to the 'sanctions1' and taking for granted that the process of distributing power is perfectly simple1 or that a new order can be introduced as easily as parliament can pass an act for establishing a new police in ,london4 ,the 'social contract' is abolished2 but it is taken for granted that the whole power of the sovereign can be distributed1 and rules made for its application by the common sense of the various persons interested4 ,finally1 the one bond outside of the individual is the sovereign4 ,he represents all that holds society together2 his 'sanctions1' as ,i have said1 are taken to be on the same plane with the 'moral sanctions'--not dependent upon them1 but other modes of applying similar motives4 ,as the sovereign1 again1 is in a sense omnipotent1 and yet can be manufactured1 so to speak1 by voluntary arrangements among the individual members of society1 there is no limit to the influence which he may exercise4 ,i note1 indeed1 that ,i am speaking rather of the tendencies of the theory than of definitely formulated conclusions4 ,most of the ,utilitarians were exceedingly shrewd1 practical people1 whose regard for hard facts imposed limits upon their speculations4 ,they should have been the last people to believe too implicitly in the magical efficacy of political contrivances1 for they were fully aware that many men are knaves and most men fools4 ,they probably put little faith in ,bentham's ,utopia1 except as a remote ideal1 and an ideal of unimaginative minds4 ,the ,utopia was constructed on 'individualist' principles1 because common sense naturally approves individualism4 ,the whole social and political order is clearly the sum of the individuals1 who combine to form an aggregate2 and theories about social bonds take one to the mystical and sentimental4 ,the absolute tendency is common to ,bentham and the ,jacobins4 ,whether the individual be taken as a unit of constant properties1 or as the subject of absolute rights1 we reach equally absolute conclusions4 ,when all the social and political regulations are regarded as indefinitely modifiable1 the ultimate laws come to depend upon the absolute framework of unalterable fact4 ,this1 again1 is often the right point of view for immediate questions in which we may take for granted that the average individual is in fact constant2 and1 as ,i have said in regard to ,bentham's legislative process1 leads to very relevant and important1 though not ultimate1 questions4 ,but there are certain other results which require to be noticed4 ',individualism1' like other words that have become watchwords of controversy1 has various shades of meaning1 and requires a little more definition4 ,,notes3 #dcd ,works1 v4 #ig1 etc4 #dce ,see preface to ,constitutional ,code in vol4 ix4 #dcf ,bentham's nephew1 ,george1 who died when approaching his eighty-fourth birthday1 devoted the last twenty-five years of his life with equal assiduity to his ,genera ,plantarum4 ,see a curious anecdote of his persistence in the ,dictionary of ,national ,biography4 #dcg ,works1 iii4 #egc4 #dch ,works1 ix4 #e1 #h4 #dci ,the theory1 as ,mill reminds us1 had been very pointedly anticipated by ,helvetius4 ,bentham's practical experience1 however1 had forced it upon his attention4 #ddj ,works1 ix4 #ada4 ,the general principle1 however1 is confirmed by the case of ,george ,,iii4 #dda ,ibid4 ix4 #de4 #ddb ,ibid4 ix4 #ih4 #ddc ,works1 ix4 #ih4 #ddd e4g4 ,ibid4 ix4 #ch1 #ej1 #fc1 #ii1 etc4 #dde ,ibid4 7',plan of ,parliamentary ,reform1'7 iii4 #dfc4 #ddf ,works1 ix4 #eid4 #ddg ,ibid4 ix4 #fb4 #ddh ,ibid4 ix4 #bd4 #ddi ,ibid4 ix4 #dh4 #dej ,dissertations1 i4 #cgg4 #dea ,works1 ii4 #dig4 #deb ,ibid4 ii4 #eja4 #dec ,ibid4 ii4 #ejc4 #ded ,justice1 p4 #bfd2 so ,price1 in his ,observations on ,liberty1 lays it down that government is never to entrench upon private liberty1 'except so far as private liberty entrenches on the liberty of others4' #dee ,works1 ii4 #ejf4 #def ,works1 ii4 #dja4 #deg ,autobiography1 p4 #bgd4 #deh ,hobbes1 in the ,leviathan 7chap4 xiii471 has in the same way to argue for the de facto equality of men4 #dei ,dissertations1 i4 #cge4 #dfj ,i remark by anticipation that this expression implies a reference to ,mill's ,ethology1 of which ,i shall have to speak4 #dfa ,works1 ix4 #if1 #aac4 #dfb ,dissertations1 i4 #cgf4 ,,vii4 ,,individualism ',individualism' in the first place is generally mentioned in a different connection4 ,the 'ready-made' man of whom ,i have spoken becomes the 'economic man4' ,bentham himself contributed little to economic theory4 ,his most important writing was the ,defence of ,usury1 and in this1 as we have seen1 he was simply adding a corollary to the ,wealth of ,nations4 ,the ,wealth of ,nations itself represented the spirit of business2 the revolt of men who were building up a vast industrial system against the fetters imposed by traditional legislation and by rulers who regarded industry in general1 as ,telford is said to have regarded rivers4 ,rivers were meant to supply canals1 and trade to supply tax-gatherers4 ,with this revolt1 of course1 ,bentham was in full sympathy1 but here ,i shall only speak of one doctrine of great interest1 which occurs both in his political treatises and his few economical remarks4 ,bentham objected1 as we have seen1 to the abstract theory of equality2 yet it was to the mode of deduction rather than to the doctrine itself which he objected4 ,he gave1 in fact1 his own defence2 and it is one worth notice4#dfc ,the principle of equality is derivative1 not ultimate4 ,equality is good because equality increases the sum of happiness4 ,thus1 as he says1#dfd if two men have ,l#ajjj1 and you transfer ,l#ejj from one to the other1 you increase the recipient's wealth by one-third1 and diminish the loser's wealth by one-half4 ,you therefore add less pleasure than you subtract4 ,the principle is given less mathematically#dfe by the more significant argument that 'felicity' depends not simply on the 'matter of felicity' or the stimulus1 but also on the sensibility to felicity which is necessarily limited4 ,therefore by adding wealth--taking1 for example1 from a thousand labourers to give to one king--you are supersaturating a sensibility already glutted by taking away from others a great amount of real happiness4 ,with this argument1 which has of late years become conspicuous in economics1 he connects another of primary importance4 ,the first condition of happiness1 he says1 is not 'equality' but 'security4' ,now you can only equalise at the expense of security4 ,if ,i am to have my property taken away whenever it is greater than my neighbour's1 ,i can have no security4#dff ,hence1 if the two principles conflict1 equality should give way4 ,security is the primary1 which must override the secondary1 aim4 ,must the two principles1 then1 always conflict8 ,no2 but 'time is the only mediator4'#dfg ,the law may help to accumulate inequalities2 but in a prosperous state there is a 'continual progress towards equality4' ,the law has to stand aside2 not to maintain monopolies2 not to restrain trade2 not to permit entails2 and then property will diffuse itself by a natural process1 already exemplified in the growth of ,europe4 ,the 'pyramids' heaped up in feudal times have been lowered1 and their 'debris spread abroad' among the industrious4 ,here again we see how ,bentham virtually diverges from the a priori school4 ,their absolute tendencies would introduce 'equality' by force2 he would leave it to the spontaneous progress of security4 ,hence ,bentham is in the main an adherent of what he calls#dfh the 'laissez-nous faire' principle4 ,he advocates it most explicitly in the so-called ,manual of ,political ,economy--a short essay first printed in #agih4dfi ,the tract1 however1 such as it is1 is less upon political economy proper than upon economic legislation2 and its chief conclusion is that almost all legislation is improper4 ,his main principle is ',be quiet' 7the equivalent of the ,french phrase1 which surely should have been excluded from so ,english a theory74 ,security and freedom are all that industry requires2 and industry should say to government only what ,diogenes said to ,alexander1 ',stand out of my sunshine4'#dgj ,once more1 however1 ,bentham will not lay down the 'let alone' principle absolutely4 ,his adherence to the empirical method is too decided4 ,the doctrine 'be quiet1' though generally true1 rests upon utility1 and may1 therefore1 always be qualified by proving that in a particular case the balance of utility is the other way4 ,in fact1 some of ,bentham's favourite projects would be condemned by an absolute adherent of the doctrine4 ,the ,panopticon1 for example1 though a 'mill to grind rogues honest' could be applied to others than rogues1 and ,bentham hoped to make his machinery equally effective in the case of pauperism4 ,a system of national education is also included in his ideal constitution4 ,it is1 in fact1 important to remember that the 'individualism' of ,benthamism does not necessarily coincide with an absolute restriction of government interference4 ,the general tendency was in that direction2 and in purely economical questions1 scarcely any exception was admitted to the rule4 ,men are the best judges1 it was said1 of their own interest2 and the interference of rulers in a commercial transaction is the interference of people inferior in knowledge of the facts1 and whose interests are 'sinister' or inconsistent with those of the persons really concerned4 ,utility1 therefore1 will1 as a rule1 forbid the action of government3 but1 as utility is always the ultimate principle1 and there may be cases in which it does not coincide with the 'let alone' principle1 we must always admit the possibility that in special cases government can interfere usefully1 and1 in that case1 approve the interference4 ,hence we have the ethical application of these theories4 ,the individualist position naturally tends to take the form of egoism4 ,the moral sentiments1 whatever they may be1 are clearly an intrinsic part of the organic social instincts4 ,they are intimately involved in the whole process of social evolution4 ,but this view corresponds precisely to the conditions which ,bentham overlooks4 ,the individual is already there4 ,the moral and the legal sanctions are 'external'2 something imposed by the action of others2 corresponding to 'coercion1' whether by physical force or the dread of public opinion2 and1 in any case1 an accretion or addition1 not a profound modification of his whole nature4 ,the ,utilitarian 'man' therefore inclines to consider other people as merely parts of the necessary machinery4 ,their feelings are relevant only as influencing their outward conduct4 ,if a man gives me a certain 'lot' of pain or pleasure1 it does not matter what may be his motives4 ,the 'motive' for all conduct corresponds in all cases to the pain or pleasure accruing to the agent4 ,it is true that his happiness will be more or less affected by his relations to others4 ,but as conduct is ruled by a calculation of the balance of pains or pleasures dependent upon any course of action1 it simplifies matters materially1 if each man regards his neighbour's feelings simply as instrumental1 not intrinsically interesting4 ,and thus the coincidence between that conduct which maximises my happiness and that conduct which maximises happiness in general1 must be regarded as more or less accidental or liable in special cases to disappear4 ,if ,i am made happier by action which makes others miserable1 the rule of utility will lead to my preference of myself4 ,here we have the question whether the ,utilitarian system be essentially a selfish system4 ,bentham1 with his vague psychology1 does not lay down the doctrine absolutely4 ,after giving this list of self-regarding 'springs of action1' he proceeds to add the pleasures and pains of 'sympathy' and 'antipathy' which1 he says1 are not self-regarding4 ,moreover1 as we have seen1 he has some difficulty in denying that 'benevolence' is a necessarily moral motive3 it is only capable of prompting to bad conduct in so far as it is insufficiently enlightened2 and it is clear that a moralist who makes the 'greatest happiness of the greatest number' his universal test1 has some reason for admitting as an elementary pleasure the desire for the greatest happiness4 ,this comes out curiously in the ,constitutional ,code4 ,he there lays down the 'self-preference principle'--the principle1 namely1 that 'every human being' is determined in every action by his judgment of what will produce the greatest happiness to himself1 'whatsoever be the effect 444 in relation to the happiness of other similar beings1 any or all of them taken together4'#dga ,afterwards1 however1 he observes that it is 'the constant and arduous task of every moralist' and of every legislator who deserves the name to 'increase the influence of sympathy at the expense of that of self-regard and of sympathy for the greater number at the expense of sympathy for the lesser number4'#dgb ,he tries to reconcile these views by the remark 'that even sympathy has its root in self-regard1' and he argues1 as ,mr4 ,herbert ,spencer has done more fully1 that if ,adam cared only for ,eve and ,eve only for ,adam--neither caring at all for himself or herself--both would perish in less than a year4 ,self-regard1 that is1 is essential1 and sympathy supposes its existence4 ,hence ,bentham puts himself through a catechism4#dgc ,what is the 'best' government8 ,that which causes the greatest happiness of the given community4 ,what community8 ',any community1 which is as much as to say1 every community4' ,but why do you desire this happiness8 ,because the establishment of that happiness would contribute to my greatest happiness4 ,and how do you prove that you desire this result8 ,by my labours to obtain it1 replies ,bentham4 ,this oddly omits the more obvious question1 how can you be sure that your happiness will be promoted by the greatest happiness of all8 ,what if the two criteria differ8 ,i desire the general happiness1 he might have replied1 because my benevolence is an original or elementary instinct which can override my self-love2 or ,i desire it1 he would perhaps have said1 because ,i know as a fact that the happiness of others will incidentally contribute to my own4 ,the first answer would fall in with some of his statements2 but the second is1 as ,i think must be admitted1 more in harmony with his system4 ,perhaps1 indeed1 the most characteristic thing is ,bentham's failure to discuss explicitly the question whether human action is or is not necessarily 'selfish4' ,he tells us in regard to the 'springs of action' that all human action is always 'interested1' but explains that the word properly includes actions in which the motive is not 'self-regarding4'#dgd ,it merely means1 in fact1 that all conduct has motives4 ,the statement1 which ,i have quoted about the 'self-preference' principle may only mean a doctrine which is perfectly compatible with a belief in 'altruism'--the doctrine1 namely1 that as a fact most people are chiefly interested by their own affairs4 ,the legislator1 he tells us1 should try to increase sympathy1 but the less he takes sympathy for the 'basis of his arrangements'--that is1 the less call he makes upon purely unselfish motives--the greater will be his success4#dge ,this is a shrewd and1 ,i should say1 a very sound remark1 but it implies--not that all motives are selfish in the last analysis1 but--that the legislation should not assume too exalted a level of ordinary morality4 ,the utterances in the very unsatisfactory ,deontology are of little value1 and seem to imply a moral sentiment corresponding to a petty form of commonplace prudence4#dgf ,leaving this point1 however1 the problem necessarily presented itself to ,bentham in a form in which selfishness is the predominating force1 and any recognition of independent benevolence rather an incumbrance than a help4 ,if we take the 'self-preference principle' absolutely1 the question becomes how a multitude of individuals1 each separately pursuing his own happiness1 can so arrange matters that their joint action may secure the happiness of all4 ,clearly a man1 however selfish1 has an interest generally in putting down theft and murder4 ,he is already provided with a number of interests to which security1 at least1 and therefore a regular administration of justice1 is essential4 ,his shop could not be carried on without the police2 and he may agree to pay the expenses1 even if others reap the benefit in greater proportion4 ,a theory of legislation1 therefore1 which supposes ready formed all the instincts which make a decent commercial society possible can do without much reference to sympathy or altruism4 ,bentham's man is not the colourless unit of a priori writing1 nor the noble savage of ,rousseau1 but the respectable citizen with a policeman round the corner4 ,such a man may well hold that honesty is the best policy2 he has enough sympathy to be kind to his old mother1 and help a friend in distress2 but the need of romantic and elevated conduct rarely occurs to him2 and the heroic1 if he meets it1 appears to him as an exception1 not far removed from the silly4 ,he does not reflect--especially if he cares nothing for history--how even the society in which he is a contented unit has been built up1 and how much loyalty and heroism has been needed for the work2 nor even1 to do him justice1 what unsuspected capacities may lurk in his own commonplace character4 ,the really characteristic point is1 however1 that ,bentham does not clearly face the problem4 ,he is content to take for granted as an ultimate fact that the self-interest principle in the long run coincides with the greatest 'happiness' principle1 and leaves the problem to his successors4 ,there we shall meet it again4 ,finally1 ,bentham's view of religion requires a word4 ,the short reply1 however1 would be sufficient1 that he did not believe in any theology1 and was in the main indifferent to the whole question till it encountered him in political matters4 ,his first interest apparently was roused by the educational questions which ,i have noticed1 and the proposal to teach the catechism4 ,bentham1 remembering the early bullying at ,oxford1 examines the catechism2 and argues in his usual style that to enforce it is to compel children to tell lies4 ,but this leads him to assail the church generally2 and he regards the church simply as a part of the huge corrupt machinery which elsewhere had created ,judge and ,co4 ,he states many facts about non-residence and bloated bishoprics which had a very serious importance2 and he then asks how the work might be done more cheaply4 ,as a clergyman's only duty is to read weekly services and preach sermons1 he suggests 7whether seriously may be doubted7 that this might be done as well by teaching a parish boy to read properly1 and provide him with the prayer-book and the homilies4#dgg ,a great deal of expense would be saved4 ,this1 again1 seems to have led him to attack ,st4 ,paul1 whom he took to be responsible for dogmatic theology1 and therefore for the catechism2 and he cross-examines the apostle1 and confronts his various accounts of the conversion with a keenness worthy of a professional lawyer4 ,in one of the ,,mss4 at ,university ,college the same method is applied to the gospels4 ,bentham was clearly not capable of anticipating ,renan4 ,from these studies he was led to the far more interesting book1 published under the name of ,philip ,beauchamp4 ,bentham supplied the argument in part2 but to me it seems clear that it owes so much to the editor1 ,grote1 that it may more fitly be discussed hereafter4 ,the limitations and defects of ,bentham's doctrine have been made abundantly evident by later criticism4 ,they were due partly to his personal character1 and partly to the intellectual and special atmosphere in which he was brought up4 ,but it is more important to recognise the immense real value of his doctrine4 ,briefly1 ,i should say1 that there is hardly an argument in ,bentham's voluminous writings which is not to the purpose so far as it goes4 ,given his point of view1 he is invariably cogent and relevant4 ,and1 moreover1 that is a point of view which has to be taken4 ,no ethical or political doctrine can1 as ,i hold1 be satisfactory which does not find a place for ,bentham1 though he was far1 indeed1 from giving a complete theory of his subject4 ,and the main reason of this is that which ,i have already indicated4 ,bentham's whole life was spent in the attempt to create a science of legislation4 ,even where he is most tiresome1 there is a certain interest in his unflagging working out of every argument1 and its application to all conceivable cases4 ,it is all genuine reasoning2 and throughout it is dominated by a respect for good solid facts4 ,his hatred of 'vague generalities'#dgh means that he will be content with no formula which cannot be interpreted in terms of definite facts4 ,the resolution to insist upon this should really be characteristic of every writer upon similar subjects1 and no one ever surpassed ,bentham in attention to it4 ,classify and re-classify1 to make sure that at every point your classes correspond to realities4 ,in the effort to carry out these principles1 ,bentham at least brought innumerable questions to a sound test1 and exploded many pestilent fallacies4 ,if he did not succeed further1 if whole spheres of thought remained outside of his vision1 it was because in his day there was not only no science of 'sociology' or psychology--there are no such sciences now--but no adequate perception of the vast variety of investigation which would be necessary to lay a basis for them4 ,but the effort to frame a science is itself valuable1 indeed of surpassing value1 so far as it is combined with a genuine respect for facts4 ,it is common enough to attempt to create a science by inventing technical terminology4 ,bentham tried the far wider and far more fruitful method of a minute investigation of particular facts4 ,his work1 therefore1 will stand1 however different some of the results may appear when fitted into a different framework4 ,and1 therefore1 however crudely and imperfectly1 ,bentham did1 as ,i believe1 help to turn speculation into a true and profitable channel4 ,of that1 more will appear hereafter2 but1 if any one doubts ,bentham's services1 ,i will only suggest to him to compare ,bentham with any of his ,british contemporaries1 and to ask where he can find anything at all comparable to his resolute attempt to bring light and order into a chaotic infusion of compromise and prejudice4 ,,notes3 #dfc ,works1 ',civil ,code' 7from ,dumont71 i4 #cjb1 #cje2 ,ibid4 7',principles of ,constitutional ,code'7 ii4 #bga2 ,ibid4 7',constitutional ,code'7 ix4 #ae-ah4 #dfd ,works1 i4 #cjf n4 #dfe ,ibid4 ix4 #ae4 #dff ,ibid4 7',principles of ,penal ,code'7 i4 #caa4 #dfg ,ibid4 i4 #cab4 #dfh ,works1 x4 #ddj4 #dfi ,ibid4 iii4 #cc1 etc4 #dgj ,ibid4 iii4 #ce4 #dga ,works1 ix4 #e4 #dgb ,ibid4 ix4 #aib4 #dgc ,ibid4 ix4 #g4 #dgd ,works1 i4 #bab4 #dge ,ibid4 ix4 #aib4 #dgf ,see1 e4g41 i4 #hc1 where sympathy seems to be taken as an ultimate pleasure2 and ii4 #acc1 where he says 'dream not that men will move their little finger to serve you unless their advantage in so doing be obvious to them4' ,see also the apologue of ',walter ,wise1' who becomes ,lord ,mayor1 and ',timothy ,thoughtless1' who ends at ,botany ,bay 7i4 #aah71 giving the lowest kind of prudential morality4 ,the manuscript of the ,deontology1 now in ,university ,college1 ,london1 seems to prove that ,bentham was substantially the author1 though the ,mills seem to have suspected ,bowring of adulterating the true doctrine4 ,he appears to have been an honest if not very intelligent editor2 though the rewriting1 necessary in all ,bentham's works1 was damaging in this case2 and he is probably responsible for some rhetorical amplification1 especially in the later part4 #dgg ,church of ,englandism 7,catechism examined71 p4 #bjg4 #dgh ,see this phrase expounded in ,works 7',book of ,fallacies'71 ii4 #ddj1 etc4 ,,end ,,of ,,vol4 ,i ,,note ,,on ,,bentham',s ,,writings ,the following account of ,bentham's writings may be of some use4 ,the arrangement is intended to show what were the topics which attracted his attention at successive periods4 ,the collected ,works1 edited by ,bowring1 appeared from #ahch to #ahdc in eleven volumes1 the last two containing the life and an elaborate index4 ,the first nine volumes consist partly of the works already published2 partly of works published for the first time from ,bentham's ,,mss42 and partly of versions of ,dumont's redactions of ,bentham4 ,dumont's publications were 7#a7 ,traites de ,legislation civile et penale 7#ahjb2 second edition1 revised1 #ahbj73 vol4 i4 contains ,principes generaux de ,legislation and ,principes du ,code civil2 vol4 ii4 ,principes du ,code penal2 and vol4 iii4 ,memoire sur le ,panoptique1 ,de la ,promulgation des ,lois1 ,de l',influence du ,temps et des ,lieux1 and ,vue generale d'un ,corps complet des ,lois2 7#b7 ,theorie des ,peines et des ,recompenses1 #ahaa1 #ahah1 #ahbe2 7#c7 ,tactiques des ,assemblees deliberantes et ,traite des ,sophismes politiques1 #ahaf2 7#d7 ,traite des ,preuves judiciaires1 #ahbc2 and 7#e7 ,de l',organisation judiciaire et de la ,codification1 #ahbc4 ,in the following ,i give references to the place of each work in ,bowring's edition4 ,bentham's first book was the ,fragment on ,government1 #aggf 7i4 #bba-bie74 ,an interesting 'historical preface1' intended for a second edition 7i4 #bdj-bei71 was first printed in #ahbh4 ,the ,fragment1 edited by ,mr4 ,f4 ,c4 ,montague1 was republished in #ahia4 ,the ,introduction to the ,principles of ,morals and ,legislation was published in #aghi1 in one vol4 #dto 7i4 #a-aed74 ,it had been printed in #aghj4 ,a second edition1 in two vols4 #hvo1 appeared in #ahbc4 ,it was intended as an introduction to the plan of a penal code4 ,bentham says in his preface that his scheme would be completed by a series of works applying his principles to 7#a7 civil law2 7#b7 penal law2 7#c7 procedure2 7#d7 reward2 7#e7 constitutional law2 7#f7 political tactics2 7#g7 international law2 7#h7 finance2 and 7#i7 political economy1 and by a tenth treatise giving a plan of a body of law 'considered in respect of its form1' that is1 upon 'nomography4' ,he wrote more or less in the course of his life upon all these topics4 ,dumont's ,traites of #ahjb were based partly upon the ,introduction and partly upon ,bentham's ,,mss4 corresponding to unfinished parts of this general scheme4 ,the two first sections of this scheme are represented in the ,works by ,principles of the ,civil ,code 7i4 #big-cfd7 and ,principles of ,penal ,law 7i4 #cfe-ehj74 ,the ,principles of the ,civil ,code is translated from ,dumont's ,traites1 where it follows a condensed statement of 'general principles' taken from the opening chapters of the ,introduction4 ,an appendix 'on the levelling system' is added in the ,works from ,bentham's ,,mss4 ,the ,principles of ,penal ,law consists of three parts3 the first and third 7on 'political remedies for the evil of offences' and on 'indirect means of preventing crimes'7 are translated from parts #b and #d of ,dumont's ,principes du ,code penal 7parts #a and #c of ,dumont being adaptations from the ,introduction to ,morals and ,legislation74 ,the second part of the ,penal ,law1 or ,the ,rationale of ,punishment is from ,dumont's ,theorie des ,peines et des ,recompenses4 ,dumont took it from a ,,ms4 written by ,bentham in #agge4 7,see ,bentham's ,works1 i4 #chh47 ,an appendix on ',death ,punishment1' addressed by ,bentham to the ,french people in #ahcj1 is added to ,part ,,ii4 in the ,works 7i4 #ebe-ecb74 ,no4 #d of ,bentham's general scheme corresponds to the ,rationale of ,reward1 founded upon two ,,mss41 one in ,french and one in ,english1 used by ,dumont in the ,theorie des ,peines et des ,recompenses4 ,the ,english version in the ,works1 chiefly translated from ,dumont and compared with the original manuscript1 was first published in #ahbe 7ii4 #ahi-bff74 ,richard ,smith 'of the ,stamps and ,taxes' was the editor of this and of an edition of the ,rationale of ,punishment in #ahca1 and of various minor treatises4 7,bentham's ,works1 x4 #edh n47 ,the ,table of the ,springs of ,action 7i4 #aie-bbj71 written at an early period1 was printed in #ahae1 and published1 with modifications1 in #ahag4 ,the ,vue generale included in the ,traites of #ahjb was intended by ,bentham as a sketch for his own guidance1 and is translated as ,view of a ,complete ,code of ,laws in the ,works 7iii4 #aed-baj74 ,the two essays in the #ahjb ,traites on 'the promulgation of laws' and the 'influence of time and place in matters of legislation' are translated in ,works 7i4 #aeg-aid74 ,a fragment on ,international ,law--a phrase invented by ,bentham--written between #aghf and #aghi1 first appeared in the ,works 7ii4 #ece-ega71 with ,junctiana proposal--a plan for a canal between the ,atlantic and the ,pacific--written in #ahbb1 as an appendix4 ,besides the above1 all written before #aghi in pursuance of his scheme1 ,bentham had published in #aggh his ,view of the ,hard ,labour ,bill 7iv4 #a-cf72 and in #aghg his ,defence of ,usury 7iii4 #a-bi74 ,a third edition of the last 7with the 'protest against law taxes'7 was published in #ahaf4 ,during the following period 7#aghi-ahjb7 ,bentham wrote various books1 more or less suggested by the ,french revolution4 ,the ,essay on ,political ,tactics 7ii4 #bii-cgc71 7corresponding to ,no4 #f of the scheme71 was sent to ,morellet in #aghi1 but first published by ,dumont in #ahaf4 ,with it ,dumont also published the substance of the ,anarchical ,fallacies 7ii4 #dhi-ecd71 written about #agia4 ,a ,draught of a ,code for the ,organisation of the ,judicial ,establishment of ,france1 dated ,march #agij1 is reprinted in ,works iv4 #bhe-djf4 ,truth v4 ,ashhurst1 written in #agib 7v4 #bca-bcg71 was first published in #ahbc4 ,a ,manual of ,political ,economy1 written by #agic 7see ,works1 iii4 #gc n471 corresponds to ,no4 #i of his scheme4 ,a chapter appeared in the ,bibliotheque ,britannique in #agih4 ,it was partly used in ,dumont's ,theorie des ,recompenses1 and first published in ,english in ,works 7iii4 #ca-hd74 ,emancipate your ,colonies 7iv4 #djg-dha7 was privately printed in #agic1 and first published for sale in #ahcj4 ,a ,protest against ,law ,taxes1 printed in #agic1 was published in #agie together with ,supply without ,burthen1 or ,escheat vice ,taxation1 written in #agid4 ,to them is appended a short paper called ,tax with ,monopoly 7ii4 #egc-fjj74 ,a ,plan for saving all ,trouble and ,expense in the ,transfer of ,stock1 written and partly printed in #ahjj1 was first published in ,works 7iii4 #aje-aec74 ,during this period ,bentham was also occupied with the ,panopticon1 and some writings refer to it4 ,the ,panopticon1 or the ,inspection ,house 7iv4 #cg-agb71 written in #aghg1 was published in #agia4 ,the ,panopticon versus ,new ,south ,wales 7iv4 #agc-bdh7 appeared in #ahjb2 and ,a ,plea for the ,constitution 7on transportation to ,new ,south ,wales7 7iv4 #bdi-bhd71 in #ahjc4 ,closely connected with these are ,poor-laws and ,pauper ,management 7viii4 #ceh-dfa71 reprinted from ,arthur ,young's ,annals of ,september #agig and following months2 and ,observations on the ,poor ,bill 7viii4 #ddj-dei71 written in ,february #agig1 privately printed in #ahch1 and first published in the ,works4 ,about #ahjb ,bentham returned to jurisprudence4 ,james ,mill prepared from the papers then written an ,introductory ,view of the ,rationale of ,evidence1 finished and partly printed in #ahab 7see ,works1 x4 #dfh n4 and ,bain's ,james ,mill1 #aje1 #abj74 ,dumont's ,traite des ,preuves judiciaires 7#ahbc7 was a redaction of the original papers1 and an ,english translation of this appeared in #ahbe4 ,the parts referring to ,english ,law were omitted4 ,the ,rationale of ,evidence 7#e vols4 #hvo1 #ahbg71 edited by ,j4 ,s4 ,mill1 represents a different and fuller redaction of the same papers4 ,it is reprinted in vols4 vi4 and vii4 of the ,works with the ,introductory ,view 7now first published7 prefixed4 ,to the same period belongs ,scotch ,reform1 with a ,summary ,view of a ,plan for a ,judicatory1 #ahjh 7second edition #ahaa1 v4 #a-fj74 ,after #ahjh ,bentham's attention was especially drawn to political questions4 ,his ,catechism of ,parliamentary ,reform 7iii4 #dcc-eeg71 written in #ahji1 was first published with a long 'introduction' in the ,pamphleteer for ,january #ahag4 ,bentham's ,radical ,reform ,bill1 with explanations 7iii4 #eeh-eig7 followed in ,december #ahai4 ,radicalism not dangerous 7iii4 #eih-fbb71 written at the same time1 first appeared in the ,works 7iii4 #cih-fbb74 ,elements of the ,art of ,packing as applied to ,special ,juries1 especially in ,cases of ,libel ,law 7v4 #fa-ahf71 written in #ahji1 was published in #ahba4 ,swear not at all 7v4 #ahh-bbi7 7referring chiefly to ,oxford tests71 written in #ahac1 was published in #ahag4 ,the ,king against ,edmonds and ,the ,king against ,wolseley 7v4 #bci-bfa7 were published in #ahbj4 ,official ,aptitude minimized2 ,official ,expense limited 7v4 #bfc-bhf71 is a series of papers1 first collected in #ahca4 ,it contains a ,defence of ,economy against ,burke1 and a ,defence of ,economy against ,george ,rose1 both written in #ahaj1 and published in the ,pamphleteer in #ahag1 with ,observations on a speech by ,peel in #ahbe1 and ,indications respecting ,lord ,eldon4 ,the two last appeared in #ahbe4 ,connected with these political writings is the ,book of ,fallacies 7ii4 #cge-dhh71 edited by ,bingham in #ahbd1 from the 'most unfinished of all ,bentham's writings4' ,allusions seem to show that the original ,,mss4 were written from #ahaj to #ahai4 ,it was partly published by ,dumont with the ,tactique1 etc4 ,bentham1 during this period 7#ahjh-ahbj71 was also led into various outlying questions4 ,the ,pannomial ,fragments1 ,nomography1 and ,appendix on ,logical ,arrangements employed by ,jeremy ,bentham 7iii4 #baa-bie7 were first published in the ,works from ,,mss4 written from #ahac to #ahca4 ,with the ,chrestomathia 7viii4 #a-aib71 first published in #ahaf1 are connected fragments upon ',ontology1' ',language1' and ',universal ,grammar' 7viii4 #aic-ceh71 first published in ,works from fragments of ,,mss4 of #ahac and later4 ,george ,bentham's ,outline of a ,new ,system of ,logic was partly founded upon his uncle's papers4 ,bentham at the ,ford ,abbey time 7#ahad-ahah7 was also writing his ,church of ,englandism and its ,catechism examined1 #ahah4 ,the ,analysis of the ,influence of ,natural ,religion upon the ,temporal ,happiness of ,mankind1 by ,philip ,beauchamp1 edited by ,george ,grote1 appeared in #ahbb2 and ,not ,paul but ,jesus1 by ,gamaliel ,smith1 in #ahbc4 ,francis ,place helped in preparing this at ,ford ,abbey in #ahag 7,mr4 ,wallas's ,life of ,place1 p4 #hc74 ,mother ,church of ,england relieved by ,bleeding 7#ahbc7 and the ,book of ,church ,reform 7#ahca7 are extracted from ,church of ,englandism4 ,bowring did not admit these works to his collection4 ,in his later years 7#ahbj-ahcb7 ,bentham began to be specially occupied with codification4 ,papers upon ,codification and ,public ,instruction 7iv4 #dea-ecd7 consist chiefly of letters1 written from #ahaa to #ahae1 offering himself for employment in codification in ,america and ,russia1 and first published in #ahag4 ,in #ahba appeared ,three ,tracts relating to ,spanish and ,portuguese ,affairs1 with a ,continual ,eye to ,english ones2 and in #ahbb ,three ,letters to ,count ,toreno on the proposed ,penal ,code 7in ,spain7 7viii4 #dfj-eed74 ,a short tract on ,liberty of the ,press was addressed to the ,spanish people in #ahba 7ii4 #bge-bii74 ,codification ,proposals 7iv4 #ece-eid7 appeared in #ahbc1 offering to prepare an 'all-comprehensive code of law' for 'any nation professing liberal opinions4' ,securities against ,misrule addressed to a ,mahommedan ,state1 and prepared with a special ,reference to ,tripoli1 written in #ahbb-bc1 was first published in the ,works 7viii4 #eea-fjj74 ,a tract on the ,leading ,principles of a ,constitutional ,code 7ii4 #bfg-bgd7 appeared in the ,pamphleteer in #ahbc4 ,the first volume of the ,constitutional ,code1 printed in #ahbg1 was published with the first chapter of the second volume in #ahcj4 ,the whole book1 edited by ,r4 ,doane from papers written between #ahah and #ahcb1 was published in #ahda1 and forms volume ix4 of the ,works4 ,doane also edited ,principles of ,judicial ,procedure 7ii4 #a-ahh7 from papers written chiefly from #ahbj to #ahbg1 though part had been written in #ahjb4 ,several thousand pages upon this subject--the third part of the original scheme--were left by ,bentham at his death4 ,during his last years ,bentham also wrote a ,commentary on ,mr4 ,humphrey's ,real ,property ,code1 published in the ,westminster ,review for ,october #ahbf 7v4 #chg-daf72 ,justice and ,codification ,petitions 7v4 #dcg-edh71 printed in #ahbi2 ,jeremy ,bentham to his ,fellow-,citizens in ,france on ,houses of ,peers and ,senates 7iv4 #dai-dej71 dated #aeth ,october #ahcj2 ,equity ,dispatch ,court ,proposals 7iii4 #big-dcb71 first published in ,works and written from #ahbi to #ahca2 ,outline of a ,plan of a ,general ,register of ,real ,property 7v4 #dag-dce71 published in the ,report of the ,real ,property ,commission in #ahcb2 and ,lord ,brougham ,displayed 7v4 #edi-fab71 #ahcb4 ,the ,deontology or ,science of ,morality was published by ,bowring in two vols4 #hvo in #ahcd1 but omitted from the ,works1 as the original edition was not exhausted4 ,the ,,ms4 preserved at ,university ,college1 ,london1 shows that a substantial beginning had been made in #ahad2 most of the remainder about #ahbj4 ,the second volume1 made1 as ,bowring says1 from a number of scraps1 is probably more ',bowringised' than the first4 ,dumont's ,traites were translated into ,spanish in #ahba1 and the ,works in #ahda-dc4 ,there are also ,russian and ,italian translations4 ,in #ahcj a translation from ,dumont1 edited by ,f4 ,e4 ,beneke1 as ,grundsaetze der ,civil- und ,criminal-,gesetzgebung1 etc41 was published at ,berlin4 ,beneke observes that ,bentham had hitherto received little attention in ,germany1 though well known in other countries4 ,he reports a saying attributed to ,mme4 de ,stael that the age was that of ,bentham1 not of ,byron or ,buonaparte4 ,the neglect of ,bentham in ,germany was due1 as ,beneke says1 to the prevalence of the ,kantian philosophy4 ,bentham1 however1 had been favourably noticed in the ,hermes for #ahbb1 and his merits since acknowledged by ,mittermaier and ,warnkoenig in the ,zeitschrift fuer ,rechtswissenschaft4 ,beneke 7#agih-ahed7 was opposed to the ,hegelian tendencies of his time1 and much influenced by ,herbart4 ,see ,ueberweg's ,history of ,philosophy 7,english translation1 #ahgd1 ii4 #bha1 etc47 and the account of ,bentham in ,robert von ,mohl's ,staatswissenschaften1 etc4 7#ahec71 iii4 #eie-fce4 ,a great mass of ,bentham ,,mss4 belongs to ,university ,college1 ,london4 ,they are contained in #adh boxes1 which were examined and catalogued by ,mr4 ,t4 ,whittaker in #ahib4 ,a few of these contain correspondence1 part of which was printed by ,bowring4 ,others are the manuscripts of published works4 ,some are upon the same subjects as the published works1 and others refer to topics not included in his publications4 ,besides the ,deontology manuscripts and a fragment upon ',political ,deontology1' there is a discussion of the means of suppressing duels1 an argument against the legal punishment of certain offences against decency1 and a criticism of the gospel narrative similar to ,not ,paul1 etc4 ,i have not thought it necessary to examine these fragments after reading ,mr4 ,whittaker's report4 ,bentham's principles are sufficiently stated in his published works2 and the papers which have been reposing in the cellars of ,university ,college can have had no influence upon the world4 ,there is another large collection of ,,mss4 in the ,british ,museum from the papers of ,bentham and his brother1 ,sir ,samuel4 ,ten folio volumes contain correspondence1 much of it referring only to ,sir ,samuel4 ,a long correspondence upon the acquisition of the ',panopticon' land is included4 ,another volume contains many of ,bentham's school and college exercises4 ,there are also the manuscripts of the ,nomography1 ,logical ,arrangements1 etc4 ,this collection was used by ,bowring and by ,lady ,bentham in the life of her husband4 ,printed by ,t4 and ,a4 ,,constable1 ,printers to ,her ,majesty at the ,edinburgh ,university ,press