looking out at a beautiful prospect when he is at
a loss for an idea, know of the principles of action
of rogues, outlaws, and vagabonds? No more than
Montaigne of the motions of his cat! If sanguine
and tender-hearted philanthropists have set on foot
an inquiry into the barbarity and the defects of penal
laws, the practical improvements have been mostly
suggested by reformed cut-throats, turnkeys, and thief-takers.
What even can the Honourable House, who when the Speaker
has pronounced the well-known, wished-for sounds “That
this house do now adjourn,” retire, after voting
a royal crusade or a loan of millions, to lie on down,
and feed on plate in spacious palaces, know of what
passes in the hearts of wretches in garrets and night-cellars,
petty pilferers and marauders, who cut throats and
pick pockets with their own hands? The thing
is impossible. The laws of the country are, therefore,
ineffectual and abortive, because they are made by
the rich for the poor, by the wise for the ignorant,
by the respectable and exalted in station for the
very scum and refuse of the community. If Newgate
would resolve itself into a committee of the whole
Press-yard, with Jack Ketch at its head, aided by
confidential persons from the county prisons or the
Hulks, and would make a clear breast, some data
might be found out to proceed upon; but as it is, the
criminal mind of the country is a book sealed,
no one has been able to penetrate to the inside!
Mr. Bentham, in his attempts to revise and amend our
criminal jurisprudence, proceeds entirely on his favourite
principle of Utility. Convince highwaymen and
house-breakers that it will be for their interest
to reform, and they will reform and lead honest lives;
according to Mr. Bentham. He says, “All
men act from calculation, even madmen reason.”
And, in our opinion, he might as well carry this maxim
to Bedlam or St. Luke’s, and apply it to the
inhabitants, as think to coerce or overawe the inmates
of a gaol, or those whose practices make them candidates
for that distinction, by the mere dry, detailed convictions
of the understanding. Criminals are not to be
influenced by reason; for it is of the very essence
of crime to disregard consequences both to ourselves
and others. You may as well preach philosophy
to a drunken man, or to the dead, as to those who
are under the instigation of any mischievous passion.
A man is a drunkard, and you tell him he ought to
be sober; he is debauched, and you ask him to reform;
he is idle, and you recommend industry to him as his
wisest course; he gambles, and you remind him that
he may be ruined by this foible; he has lost his character,
and you advise him to get into some reputable service
or lucrative situation; vice becomes a habit with him,
and you request him to rouse himself and shake it
off; he is starving, and you warn him that if he breaks
the law, he will be hanged. None of this reasoning
reaches the mark it aims at. The culprit, who
violates and suffers the vengeance of the laws, is