[324] _Ibid._ xi. 40.

V. CODIFICATION

The unsettled conditions which followed the peace in various European countries found Bentham other employment. In 1809 Dumont did some codifying for the Emperor of Russia, and in 1817 was engaged to do the same service for Geneva. He was employed for some years, and is said to have introduced a Benthamite Penal Code and Panopticon, and an application of the Tactics.[325] In 1820 and 1821 Bentham was consulted by the Const.i.tutional party in Spain and Portugal, and wrote elaborate tracts for their enlightenment. He made an impression upon at least one Spaniard. Borrow, when travelling in Spain some ten years after Bentham's death, was welcomed by an Alcalde on Cape Finisterre, who had upon his shelves all the works of the 'grand Baintham,' and compared him to Solon, Plato, and even Lope de Vega.[326] The last comparison appeared to Borrow to be overstrained. Bentham even endeavoured in 1822-23 to administer some sound advice to the government of Tripoli, but his suggestions for 'remedies against misrule' seem never to have been communicated.[327] In 1823 and 1824 he was a member of the Greek Committee; he corresponded with Mavrocordato and other leaders; and he begged Parr to turn some of his admonitions into 'Parrian' Greek for the benefit of the moderns.[328] Blaquiere and Stanhope, two ardent members of the committee, were disciples; and Stanhope carried with him to Greece Bentham's _Table of the Springs of Action_, with which he tried to indoctrinate Byron. The poet, however, thought with some plausibility that he was a better judge of human pa.s.sions than the philosopher.

Parry, the engineer, who joined Byron at the same time, gives a queer account of the old philosopher trotting about London in the service of the Greeks.[329] The coa.r.s.e and thoughtless might laugh, and perhaps some neither coa.r.s.e nor thoughtless might smile. But Bowring tells us that these were days of boundless happiness for Bentham.[330] Tributes of admiration were pouring in from all sides, and the true Gospel was spreading across the Atlantic and along the sh.o.r.es of the Mediterranean.

At home the Utilitarian party was consolidating itself; and the struggle which resulted in the Reform Bill was slowly beginning. The veteran Cartwright, Bentham's senior by eight years, tried in 1821 to persuade him to come out as one of a committee of 'Guardians of Const.i.tutional Reform,' elected at a public meeting.[331] Bentham wisely refused to be drawn from his privacy. He left it to his friends to agitate, while he returned to labour in his study. The demand for legislation which had sprung up in so many parts of the world encouraged Bentham to undertake the last of his great labours. The Portuguese Cortes voted in December 1821 that he should be invited to prepare an 'all-comprehensive code'; and in 1822 he put out a curious 'Codification proposal,' offering to do the work for any nation in need of a legislator, and appending testimonials to his competence for the work. He set to work upon a 'Const.i.tutional Code,' which occupied him at intervals during the remainder of his life, and embodied the final outcome of his speculations. He diverged from this main purpose to write various pamphlets upon topics of immediate interest; and was keenly interested in the various activities of his disciples. The Utilitarians now thought themselves ent.i.tled to enter the field of politics as a distinct body.

An organ to defend their cause was desirable, and Bentham supplied the funds for the _Westminster Review_, of which the first number appeared in April 1824.

The editorship fell chiefly into the hands of Bowring (1792-1872).

Bowring had travelled much upon the Continent for a commercial house, and his knowledge of Spanish politics had brought him into connection with Bentham, to whom Blaquiere recommended him in 1820.[332] A strong attachment sprang up between the two. Bentham confided all his thoughts and feelings to the young man, and Bowring looked up to his teacher with affectionate reverence. In 1828 Bentham says that Bowring is 'the most intimate friend he has.'[333] Bowring complains of calumnies, by which he was a.s.sailed, though they failed to alienate Bentham. What they may have been matters little; but it is clear that a certain jealousy arose between this last disciple and his older rivals. James Mill's stern and rigid character had evidently produced some irritation at intervals; and to him it would naturally appear that Bowring was the object of a senile favouritism. In any case it is to be regretted that Bentham thus became partly alienated from his older friends[334]. Mill was too proud to complain; and never wavered in his allegiance to the master's principles. But one result, and to us the most important, was that the new attachment led to the composition of one of the worst biographies in the language, out of materials which might have served for a masterpiece. Bowring was a great linguist, and an energetic man of business. He wrote hymns, and one of them, 'In the cross of Christ I glory,' is said to have 'universal fame.' A Benthamite capable of so singular an eccentricity judiciously agreed to avoid discussions upon religious topics with his master. To Bowring we also owe the _Deontology_, which professes to represent Bentham's dictation. The Mills repudiated this version, certainly a very poor one, of their teacher's morality, and held that it represented less Bentham than such an impression of Bentham as could be stamped upon a muddle-headed disciple.[335]

The last years of his life brought Bentham into closer connection with more remarkable men. The Radicals had despised the Whigs as trimmers and half-hearted reformers, and James Mill expressed this feeling very frankly in the first numbers of the _Westminster Review_. Reform, however, was now becoming respectable, and the Whigs were gaining the courage to take it up seriously. Foremost among the Edinburgh Reviewers was the great Henry Brougham, whose fame was at this time almost as great as his ambition could desire, and who considered himself to be the natural leader of all reform. He had shown eagerness to distinguish himself in lines fully approved by Bentham. His admirers regarded him as a giant; and his opponents, if they saw in him a dash of the charlatan, could not deny his amazing energy and his capacity as an orator. The insatiable vanity which afterwards ruined his career already made it doubtful whether he fought for the cause or the glory. But he was at least an instrument worth having. He was a kind of half-disciple.

If in 1809 he had checked Mill's praise of Bentham, he was soon afterwards in frequent communication with the master. In July 1812 Bentham announces that Brougham is at last to be admitted to a dinner, for which he had been 'intriguing any time this six months,' and expects that his proselyte will soon be the first man in the House of Commons, and eclipse even Romilly.[336] In later years they had frequent communications; and when in 1827 Brougham was known to be preparing an utterance upon law reform, Bentham's hopes rose high. He offered to his disciple 'some nice little sweet pap of my own making,' sound teaching that is, upon evidence, judicial establishments and codification.

Brougham thanks his 'dear grandpapa,' and Bentham offers further supplies to his 'dear, sweet little poppet.'[337] But when the orator had spoken Bentham declares (9th February 1828) that the mountain has been delivered of a mouse. Brougham was 'not the man to set up' simple and rational principles. He was the sham adversary but the real accomplice of Peel, pulling up lies by the root to plant others equally noxious.[338] In 1830 Bentham had even to hold up 'Master Peel' as a 'model good boy' to the self-styled reformer. Brougham needs a dose of jalap instead of pap, for he cannot even spell the 'greatest happiness principle' properly.[339] Bentham went so far as to write what he fondly took to be an epigram upon Brougham:

'So foolish and so wise, so great, so small, Everything now, to-morrow nought at all.'[340]

In September 1831 Brougham as Chancellor announced a scheme for certain changes in the const.i.tution of the courts. The proposal called forth Bentham's last pamphlet, _Lord Brougham displayed_.[341] Bentham laments that his disciple has 'stretched out the right hand of fellowship to jobbers of all sorts.'[342] In vain had Brougham in his speech called Bentham 'one of the great sages of the law.' Bentham acknowledges his amiability and his genius; but laments over the untrustworthy character of a man who could only adopt principles so far as they were subservient to his own vanity.

Another light of the _Edinburgh Review_, who at this time took Brougham at his own valuation, did an incidental service to Bentham. Upon the publication of the _Book of Fallacies_ in 1825, Sydney Smith reviewed or rather condensed it in the _Edinburgh Review_, and gave the pith of the whole in his famous _Noodle's Oration_. The noodle utters all the commonplaces by which the stupid conservatives, with Eldon at their head, met the demands of reformers. Nothing could be wittier than Smith's brilliant summary. Whigs and Radicals for the time agreed in ridiculing blind prejudice. The day was to come when the Whigs at least would see that some principles might be worse than prejudice. All the fools, said Lord Melbourne, 'were against Catholic Emanc.i.p.ation, and the worst of it is, the fools were in the right.' Sydney Smith was glad to be Bentham's mouthpiece for the moment: though, when Benthamism was applied to church reform, Smith began to perceive that Noodle was not so silly as he seemed.

One other ally of Bentham deserves notice. O'Connell had in 1828, in speaking of legal abuses, called himself 'an humble disciple of the immortal Bentham.'[343] Bentham wrote to acknowledge the compliment. He invited O'Connell to become an inmate of his hermitage at Queen's Square Place, and O'Connell responded warmly to the letters of his 'revered master.' Bentham's aversion to Catholicism was as strong as his objection to Catholic disqualifications, and he took some trouble to smooth down the difficulties which threatened an alliance between ardent believers and thoroughgoing sceptics. O'Connell had attacked some who were politically upon his side. 'Dan, dear child,' says Bentham, 'whom in imagination I am at this moment pressing to my fond bosom, put off, if it be possible, your intolerance.'[344] Their friendship, however, did not suffer from this discord, and their correspondence is in the same tone till the end. In one of Bentham's letters he speaks of a contemporary correspondence with another great man, whom he does not appear to have met personally. He was writing long letters, entreating the duke of Wellington to eclipse Cromwell by successfully attacking the lawyers. The duke wrote 'immediate answers in his own hand,' and took good-humouredly a remonstrance from Bentham upon the duel with Lord Winchilsea in 1829.[345] Bentham was ready to the end to seek allies in any quarter. When Lord Sidmouth took office in 1812, Bentham had an interview with him, and had some hopes of being employed to prepare a penal code.[346] Although experience had convinced him of the futility of expectations from the Sidmouths and Eldons, he was always on the look out for sympathy; and the venerable old man was naturally treated with respect by people who had little enough of real interest in his doctrines.

During the last ten years of his life, Bentham was cheered by symptoms of the triumph of his creed. The approach of the millennium seemed to be indicated by the gathering of the various forces which carried Roman Catholic Emanc.i.p.ation and the Reform Bill. Bentham still received testimonies of his fame abroad. In 1825 he visited Paris to consult some physicians. He was received with the respect which the French can always pay to intellectual eminence.[347] All the lawyers in a court of justice rose to receive him, and he was placed at the president's right hand. On the revolution of 1830, he addressed some good advice to the country of which he had been made a citizen nearly forty years before. In 1832, Talleyrand, to whom he had talked about the Panopticon in 1792, dined with him alone in his hermitage.[348] When Bowring observed to the prince that Bentham's works had been plundered, the polite diplomatist replied, _et pille de tout le monde, il est toujours riche_. Bentham was by this time failing. At eighty-two he was still, as he put it, 'codifying like any dragon.'[349] On 18th May 1832 he did his last bit of his lifelong labour, upon the 'Const.i.tutional Code.' The great reform agitation was reaching the land of promise, but Bentham was to die in the wilderness. He sank without a struggle on 6th June 1832, his head resting on Bowring's bosom. He left the characteristic direction that his body should be dissected for the benefit of science. An incision was formally made; and the old gentleman, in his clothes as he lived, his face covered by a wax mask, is still to be seen at University College in Gower Street.

Bentham, as we are told, had a strong personal resemblance to Benjamin Franklin. Sagacity, benevolence, and playfulness were expressed in both physiognomies. Bentham, however, differed from the man whose intellect presents many points of likeness, in that he was not a man of the market-place or the office. Bentham was in many respects a child through life:[350] a child in simplicity, good humour, and vivacity; his health was unbroken; he knew no great sorrow; and after emerging from the discouragement of his youth, he was placidly contemplating a continuous growth of fame and influence. He is said to have expressed the 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 wisdom.

No man could lead a simpler life. His chief luxuries at table were fruit, bread, and tea. He had a 'sacred teapot' called d.i.c.k, with a.s.sociations of its own, and carefully regulated its functions. He refrained from wine during the greatest part of his life, and was never guilty of a single act of intemperance. In later life he took a daily half-gla.s.s of Madeira. He was scrupulously neat in person, and wore a Quaker-like brown coat, brown ca.s.simere breeches, white worsted stockings and a straw hat. He walked or 'rather trotted' with his stick Dapple, and took his 'ante-prandial' and other 'circ.u.mgyrations' with absolute punctuality. He loved pets; he had a series of attached cats; and cherished the memory of a 'beautiful pig' at Hendon, and of a donkey at Ford Abbey. He encouraged mice to play in his study--a taste which involved some trouble with his cats, and suggests problems as to the greatest happiness of the greatest number. Kindness to animals was an essential point of his moral creed. 'I love everything,' he said, 'that has four legs.' He had a pa.s.sion for flowers, and tried to introduce useful plants. He loved music--especially Handel--and had an organ in his house. He cared nothing for poetry: 'Prose,' he said,[351] 'is when all the lines except the last go on to the margin. Poetry is when some of them fall short of it.' He was courteous and attentive to his guests, though occasionally irritable when his favourite crotchets were transgressed, or especially if his fixed hours of work were deranged.

His regularity in literary work was absolute. He lived by a time-table, working in the morning and turning out from ten to fifteen folio pages daily. He read the newspapers regularly, but few books, and cared nothing for criticisms on his own writings. His only substantial meal was a dinner at six or half-past, to which he occasionally admitted a few friends as a high privilege. He liked to discuss the topics of which his mind was full, and made notes beforehand of particular points to be introduced in conversation. He was invariably inaccessible to visitors, even famous ones, likely to distract his thoughts. 'Tell Mr. Bentham that Mr. Richard Lovell Edgeworth desires to see him.' 'Tell Mr. Richard Lovell Edgeworth that Mr. Bentham does not desire to see him' was the reply. When Mme. de Stael came to England, she said to Dumont: 'Tell Bentham I shall see n.o.body till I have seen him.' 'I am sorry for it,'

said Bentham, 'for then she will never see anybody.' And he summed up his opinion of the famous author of _Corinne_ by calling her 'a trumpery magpie.'[352] There is a simplicity and vivacity about some of the sayings reported by Bowring, which prove that Bentham could talk well, and increase our regret for the absence of a more efficient Boswell. At ten Bentham had his tea, at eleven his nightcap, and by twelve all his guests were ignominiously expelled. He was left to sleep on a hard bed.

His sleep was light, and much disturbed by dreams.

Bentham was certainly amiable. The 'surest way to gain men,' he said, 'is to appear to love them, and the surest way to appear to love them is to love them in reality.' The least pleasing part of his character, however, is the apparent levity of his attachments. He was, as we have seen, partly alienated from Dumont, though some friendly communications are recorded in later years, and Dumont spoke warmly of Bentham only a few days before his death in 1829.[353] He not only cooled towards James Mill, but, if Bowring is to be trusted, spoke of him with great harshness.[354] Bowring was not a judicious reporter, indeed, and capable of taking hasty phrases too seriously. What Bentham's remarks upon these and other friends suggest is not malice or resentment, but the flippant utterance of a man whose feelings are wanting in depth rather than kindliness. It is noticeable that, after his early visit at Bowood, no woman seems to have counted for anything in Bentham's life.

He was not only never in love, but it looks as if he never even talked to any woman except his cook or housemaid.

The one conclusion that I need draw concerns a question not, I think, hard to be solved. It would be easy to make a paradox by calling Bentham at once the most practical and most unpractical of men. This is to point out the one-sided nature of Bentham's development. Bentham's habits remind us in some ways of Kant; and the thought may be suggested that he would have been more in his element as a German professor of philosophies. In such a position he might have devoted himself to the delight of cla.s.sifying and co-ordinating theories, and have found sufficient enjoyment in purely intellectual activity. After a fashion that was the actual result. How far, indeed, Bentham could have achieved much in the sphere of pure philosophy, and what kind of philosophy he would have turned out, must be left to conjecture. The circ.u.mstances of his time and country, and possibly his own temperament generally, turned his thoughts to problems of legislation and politics, that is to say, of direct practical interest. He was therefore always dealing with concrete facts, and a great part of his writings may be considered as raw material for acts of parliament. Bentham remained, however, unpractical, in the sense that he had not that knowledge which we ascribe either to the poet or to the man of the world. He had neither the pa.s.sion nor the sympathetic imagination. The springs of active conduct which Byron knew from experience were to Bentham nothing more than names in a careful cla.s.sification. Any shrewd attorney or Bow Street runner would have been a better judge of the management of convicts; and here were dozens of party politicians, such as Rigby and Barre, who could have explained to him beforehand those mysteries in the working of the political machinery, which it took him half a lifetime to discover. In this sense Bentham was unpractical in the highest degree, for at eighty he had not found out of what men are really made. And yet by his extraordinary intellectual activity and the concentration of all his faculties upon certain problems, he succeeded in preserving an example, and though not a unique yet an almost unsurpa.s.sable example, of the power which belongs to the man of one idea.

NOTES:

[325] See correspondence upon his codification plans in Russia, America, and Geneva in _Works_, iv. 451-594.

[326] Borrow's _Bible in Spain_, ch. x.x.x.

[327] _Works_, viii. 555-600.

[328] _Ibid._ x. 534. See Blaquiere's enthusiastic letter to Bentham.--_Works_, x. 475.

[329] See, however, Bentham's reference to this story.--_Works_, xi. 66.

[330] _Works_, x. 539.

[331] _Ibid._ x. 522.

[332] _Works_, x. 516.

[333] _Ibid._ x. 591.

[334] A letter from Mill in the University College MSS. describes a misunderstanding about borrowed books, a fertile, but hardly adequate, cause of quarrel.

[335] Bowring's religious principles prevented him from admitting some of Bentham's works to the collective edition.

[336] _Works_, x. 471-72.

[337] _Ibid._ x. 576.

[338] _Ibid._ x. 588.

[339] _Works_, xi. 37. Papers preserved at University College show that during Peel's law reforms at this time Bentham frequently communicated with him.

[340] _Ibid._ xi. 50.

[341] _Ibid._ v. 549.

[342] _Ibid._ v. 609.

[343] _Works_, x. 594.

[344] _Ibid._ xi. 26.

[345] _Ibid._ xi. 13, 28.

[346] _Works_, x. 468.

[347] _Ibid._ x. 551.

[348] _Ibid._ xi. 75.

[349] _Ibid._ xi. 33.

[350] Mill's _Dissertations_, i. 354 and 392 _n._

[351] _Works_, x. 442.

[352] _Works_, x. 467; xi. 79.