Bentham labored without any apparent success at home for years. He was famous in France, and appreciated in Russia, before he was known in England. At length, his reiterated blows made an impression. He won converts in high places, and they became his "middlemen" with the public. Brougham and Smith spread out his great ideas in attractive colors on the pages of the Edinburgh, and they sparkled in brilliant speeches from Romilly and Mackintosh on the floor of Parliament. One after another, the champions for the inviolability of the ancient system were prostrated, till reasonable men admitted that, whether or not Jeremy Bentham was right, the common law was certainly wrong, and must be materially altered. Though he took no part in actual legislation, his was the master mind that set other minds in motion; his genius, the secret spring that operated a vast reformatory machine. He did not live to see his whole system adopted, (and would not, had he lived till the millennium,) but he saw parts of it incorporated into the jurisprudence of his country, whilst other parts were postponed rather than rejected. He saw the fruits of his labors in the amelioration of a sanguinary criminal code, and especially in the abridgment of the death penalty—in the improvement of the poor laws and penitentiaries, and the kindlier treatment of prisoners—in the softening of the harsher features of imprisonment for debt, of the bankrupt laws, and the general law of debtor and creditor—in lopping off some excrescences in chancery, and cutting down costs and simplifying the modes of procedure in other courts—in the abolition of tests, and the emancipation of the Catholics—in the greater freedom of trade, the enlargement of the suffrage, and the partial equalization of representation in Parliament—in the appointment of commissioners to revise the whole mass of statute law, and reduce it to a uniform code—and, more than all, in the conviction, penetrating a multitude of intelligent minds, that a large portion of the English law, as administered, so far from being the perfection of reason, was a disgrace to the human understanding, and the homage paid to it a degrading idolatry.
Nor did he see these fruits in England alone. As he labored for the world, so he saw the products of his toil in both hemispheres. France and Russia published his writings, and they were read in Germany and Switzerland. His works were circulated at Calcutta and the Cape of Good Hope; at New York, and New South Wales; in the Canadas, and the Republics of South America. This country profits by his culture in the simplification of its laws, and their revision and codification in many of its States—in the comparative humanity of its criminal codes and prison discipline—and especially in the recent sweeping reforms in the practice of its courts in three or four States, and the abolition of the monopoly of the legal profession—a monopoly worthless to those whom it protected, and galling to those whom it excluded. By no means do I intend to say, that to him we are solely indebted for these reforms. But his hand planted the tree whose fruit is now being gathered. His chief glory is the emancipation of the Anglo-Saxon mind from a blind idolatry of the English common law; and for this he deserves unmeasured praise.
Mr. Bentham was kind, cheerful, simple-hearted, witty, and greatly beloved by his friends. Frank, so frank that he was bluff, he refused a costly present from the Emperor of Russia, lest he should be tempted to praise when he ought to blame. A great husbander of moments, he took air and exercise while entertaining ordinary visitors; and, when conversing on his favorite themes with such as Romilly and Brougham, kept his secretaries busy in noting down their remarks. The ridicule and abuse of which he was the subject rarely reached its aim, for he avoided personal controversies, discussing principles, and not men. He died in 1832, in the 85th year of his age; and gave a singular evidence of his attachment to his principles, by bequeathing his body to the surgeon's knife, for the advancement of medical science.
CHAPTER IX.
Law Reform—The Penal Code of England—Its Barbarity—The Death-Penalty —Sir Samuel Romilly—His Efforts to Abolish Capital Punishment—His Talents and Character.
The earliest mouth piece of Jeremy Bentham in Parliament, and his "middleman" with the public, was Sir Samuel Romilly. This accomplished lawyer, from the period he entered Parliament, in 1806, till his death, in 1818, directed his main efforts to Law Reform; especially the amelioration of the Penal Code, and the diminution of the number of capital offenses.
The present criminal code of England is a disgrace to civilization. When Romilly commenced his labors, it would have disgraced barbarism. Blackstone had said in his Commentaries, (and it was substantially true in 1806,) "Among the variety of actions which men are liable daily to commit, no less than one hundred and sixty are declared by act of Parliament to be felonies, without benefit of clergy; or, in other words, to be worthy of instant death." I will specify a few items in this bloody catalogue. Treason, murder, arson, and rape, were of course capital crimes. So was counterfeiting coin; refusing to take the oath of allegiance under various circumstances; falsifying judicial records; taking a reward for restoring stolen goods, when accessory with the thief; obstructing the service of legal process; hunting in the night disguised; writing threatening letters, to extort money; pulling down turnpike gates; assembling to produce riots, and not dispersing at the order of a magistrate; transporting wool or sheep twice out of the kingdom; smuggling; fraudulent bankruptcies; marrying a couple except in "a church," without the license of the Archbishop of Canterbury, and making false entries in relation thereto in a marriage register; wandering as gipsies thirty days; burglary, in the night; stealing, from the person, property above the value of twelve pence, or, from a dwelling-house, above five shillings, or a vessel above forty shillings; stealing fish, hares, and conies; robbing on the highway to the value of a farthing; forgery in all its multiplied forms; sundry mere trespasses to personal property, such as tearing down fences, opening fish-ponds, destroying trees in parks and gardens, maiming cattle—and the list might be swelled through a chapter.
The legal mode of inflicting punishment, in many of these cases, was equally barbarous with the penalties. Not content with killing the wretch, he might be dragged to the place of execution at the heels of horses; or emboweled while alive; or burnt to death; or beheaded, quartered, and the parts nailed up in conspicuous places; or his skeleton left to rot on the gallows; or his hands and ears cut off, and his nostrils slit; or be branded on the cheek or hand, before execution. And down to the reign of William III, counsel were not allowed to prisoners, even in cases of high treason, when the whole power of the Government was brought to crush them; and it was not till the recent reign of William IV, that, in other capital cases, counsel for the accused were allowed to do more than state points of law to the court.