to invalidate it; and why, he asks, has he not a similar function to exercise in the case of a new creation?' These considerations form the substance of the first book of the second volume. In the course of it, the author discusses the subject of rewards to informers, and of those which are offered to accomplices. Beccaria condemns the latter, but he is here completely refuted. We must not attempt an analysis. of the seventeen chapters which compose this book; and the whole is so connected together, that, in endeavouring to detach certain passages, we perceive that we are able to give our readers only incoherent and imperfect ideas. All hangs together as in a well compacted building; and yet every separate subject is exhibited with the greatest clearness. The basis of the work is not abstracted. It is founded on familiar and well known ideas; and it is rendered highly interesting by a vast number of curious historical traits, as well as by a comparison of the usages of different nations with respect to the employment of rewards. This rich collection of examples and illustra tions forms a striking feature of the production; and though the facts have been supplied by the annals of all countries, the application of them is almost constantly made to our own laws and customs;-England is ever under our eye. The most interesting of the chapters, in this respect, is that which treats on injurious rewards. An injurious reward,' we are told, is one which generates crimes or vicious dispositions. This is one of those delicate subjects on which it is better to excite the reader to reflection, and to put him into a way of making discoveries himself, than to attack established opinions or powerful interests. I shall confine myself to such instances as require only to be stated in order to shew their injurious tendency. The following maxim is a never failing rule by which we may discriminate good and evil in this respect: " in all matters, avoid every thing in the form of a recompence, which may give the functionary an interest that is contrary to the public good.", According to this rule, no judge should have any interest in prolonging suits, nor a minister in favouring war, nor a col lector in swelling expence, nor a teacher of morality in setting an example of falsehood, nor men of learning and literature in supporting dangerous prejudices. — Do we assert that the legislator ought always to connect interest with duty, still more incumbent is it on him to avoid all that would disunite those principles, all that turns reward against the service, all that gives the public functionarya profit, be it certain or casual, known or unknown, resulting from the omission or violation of his duty. The author instances the sums allotted to our supreme judges judges for carrying records into courts of appeal, which is most generally a process instituted for delay; and the profits which Masters in Chancery derive from delays. "We cannot,' proceeds Mr. Bentham, but be terrified in perusing the list of functionaries, high and low, who regard war as their prey. Who can tell how far these personal interests affect the most im portant determinations? I do not accuse Ministers, Generals, Admirals, and Representatives of the people, of suffering themselves to be seduced by vile pecuniary interest :-a general imputation of this sort would be a satire: but these motives are the more dangerous as they operate less openly, and, if they cannot be abolished, they ought not to be increased; for if the probity that braves temptations is the most heroic, that which shuns them is the most secure, while the weakness which is overcome by them is the most common. We have in Europe a famous university, to which distinguished youth resort to finish their education. When the young candidate presents himself to be received, his preceptor and the Vice-chancellor present to him the book of statutes, which he swears to observe: yet the youth, and the tutor, and the Vice-chancellor, are all sensible that the statutes cannot be observed, and that they are without scruple violated by those who live under them. Thus the first lesson which the youth learns is a lesson of perjury; · - and this is not all. The second step is to subscribe, in testimony of belief, a symbol of doctrine, composed more than two centuries ago, consisting of a set of propositions which are infallibly true in one country, but infallibly false in another. By these, one class of men is rejected and three are admitted; viz. 1. those who believe the propositions; 2. those who believe the contrary; and 3. those who would sign the Koran in the same manner, without even asking themselves what they think of them, and who know not what they are. Socrates was accused of corrupting youth. What it was to which this accusation referred, I have never learned: but I would say that it is to corrupt youth to teach them, that there are oaths which do not bind, scruples which must be overcome, solemn acts which must be performed merely as matters of imitation and without examination, and that our consciences must be placed in the hands of our superiors. Many men, for a slight personal advantage, would without scruple do all in their power to promote a war which should cost two or three hundred thousand lives; yet among these men is to be found scarcely one who, setting aside all fear from human laws, would attempt any thing against the life of a single individual, — still less against a relation whose death would make his fortune.' In treating of the choice of rewards, in the 9th chapter, the author represents the most eligible to be those which possess qualities corresponding with the qualities that intitle punishments to a preference: rewards, he adds, will better answer the desired purpose, the more they are divisible, commensurable, economical, exemplary, analogous, popular, and productive. When thus circumstanced, they will be the better X 2 adapted adapted to call forth the perseverance of the individual, and to insure its continuance. Analogy has sometimes a very pointed effect of this nature. The law of this country, besides other rewards, gives to the person who takes a highway-robber the horse on which he rode when committing the offence. We might suppose that the legislator had in his mind the fine lines of the Roman Poet, "Vidisti, quo Turnus equo, quibus ibat in armis, How ingenious is this device! The reward presents itself fully in view at the moment of the struggle; and interest backs the motive of honour. The animal thus conferred is a testimony borne to activity and prowess; it is a trophy of victory; and it furnishes a constant occasion for the captor to relate his exploit, I dwell the more on this circumstance, because British legislation cannot boast of other similar traits. Characterized by fairness and good sense, it is always in the style of mediocrity, and seems to shrink from attempts to quit the beaten track; it is too modest to attempt those masterly strokes, and those rare felicities, which communicate the impression of the great and the sublime. In the Roman system of rewards, examples of this sort were numerous. Each species of exploits had its appropriate reward; and there were symbolical crowns, such as the besieging, the mural, the civic, &c. This custom preserved for a long time the antient simplicity of the republic; and a sprig of parsley effaced the splendor of crowns of gold. I was about to speak of her triumphs: but I stop short, and call to recollection the pride of victory trampling on conquered nations. Let legislation encourage a military spirit, which doubtless is requisite, but let it not be made the paramount passion of a people!' The second book treats of salaries. Here the author introduces a distinction which at first view appears to be too subtile, but, by attentively following him, we perceive its soundness and its importance: Salary,' he says, is not a recompence, nor does it produce the same effects. If a salary which is connected with a function were a recompence for the services derived from it, the more we augmented the salary, the greater would be our chance of increasing the efforts of the functionary, and of carrying the service to the highest perfection possible. Let us imagine a moral thermometer. If fifty pounds occasion the exertions and diligence of a parish-minister to rise to five degrees, five thousand pounds would cause the same virtues to rise in an Archbishop to 100 degrees.' Without following the author in this admirable illustration, we may state that his conclusion is irresistible: viz. The salary being always the same, whether the service be well or ill per formed, formed, if the functionary exerts himself to the utmost, his efforts are not owing to the salary. Mr. B. next lays down rules, and enters into explanations, the principal object of which is to shew in what manner salaries should be connected with functions, in order to combine most intimately the interest of the functionary with his duty. With great reason, we think, the author is an advocate for the venality of offices to a certain extent. This mode of considering the subject is new in our country, and it will doubtless surprize many readers: but we have no doubt that, when the object is perfectly considered, nothing will appear more clear than that it is a matter of justice, and a highly convenient regulation, to put up to sale a certain portion and description of public offices; and that such a regulation arises out of the nature of things, and would in a degree extinguish mischievous patronage and form a fund for the increase of rewards.-Mr. Bentham discusses, in his usual able manner, the beaten subject of farming the revenue, or of collecting it according to the present mode. In some branches, the practice of farming it is highly convenient: but, independently of the abuses by which it has been always accompanied, and the strong aversion to it that is entertained, we conceive that insuperable objections to it as a general system may be urged. Nothing is more admirable than all that is here thrown out on the subject of economical reform. I he patriotism of the author is of the most glowing kind, and his whole performance is one continued attack on abuses: but, while he effectually exposes them, the circumstances which accompany them are not overlooked by him, and he gives them due consideration. He is laudably anxious that his reforms should be mingled with no injustice; and while he would have the public interest paramount, he would not violate any private rights, nor disappoint any fair and justly founded expectations. No reforms are to be introduced at the expence of private interests. Indemnity to the individual is never overlooked by this benevolent philosopher; and private rights are held sacred. If,' he says, in our reforms we lose sight of private security, the remedy is converted into poison, and the reformer becomes an executioner.' The excellent ideas of Mr. Bentham on this topic are contained in a passage taken from the Traités de Législation, in which he exposes the unfeeling and iniquitous maxims that were followed by our neighbours; which, we fear, some among ourselves would be ready, had they the power, to put in practice: Shall it be said that the immediate abolition of places is a gain to the public? this is a sophism. The sum in. question would no X 3 doubt doubt be a gain, if it came from any other source, or if it was realized by commerce or in any other just way: but it is no gain to the public, when it is wrung from individuals who form a part of that very public. Would a family be the richer, because a father took from one of the children his portion, in order to increase the fortunes of the others! The profit of an abolished place is divided between the whole public, but the loss presses on an individual; the gain is not perceptible, but the loss causes destruction. If we abolish all useless places, and make no compensation to the holders, what is the consequence? The streets are crowded with the despoiled citizens, exhibiting marks of indigence, while we scarcely see an individual whose condition the change has benefited. The groans of sorrow and the cries of despair resound from every quarter; while the benefit, being so minutely divided, is hardly perceived. If joy is professed, it arises not from the sense of good effected, but is a malignant satisfaction occasioned by surrounding misery. What is done in order to deceive the people on the occasions of these acts of flagrant injustice? Recourse is had to pompous maxims, which have a mixture of truth and falsehood, and give to a question, which is extremely simple in itself, an air of profundity and mystery. The interest of individuals, say the advocates for this inhuman reformation, ought to yield to that of the public: but is not one individual as much a part of the public as another? What is this public interest; is it not made up of the mass of private interests? All these private interests ought to be considered, instead of regarding, as these unfeeling reformers do, a part of them as the whole, and another part of them as nothing. The interest of each individual is sacred, and not to be tarnished, or the interest of no one is thus to be regarded. Individual interests are the sole real interests. Have a care of individuals! Do not disturb them, nor suffer their rights on any account to be invaded, and you will have done enough for the public. On a multitude of occasions, men who have suffered by the operation of certain laws have not dared to assert what their rights were, or have been refused a hearing on account of this false and pernicious construction of the maxim that private ought to yield to public good. Treat it as a question of generosity, whom does it become to exercise it? All towards one, or one towards all? Who is the most selfish; he who desires to keep what he has, or he who would seize by force what another possesses? An evil felt and a benefit not felt, behold the result of those boasted operations which sacrifice individuals to the public.' If reforms were always thus guarded, how little would they be to be dreaded, and how many objections of the advocates of corruption would be silenced! Where the talents are so distinguished, it is pleasing to see the feelings so fine and unadulterated; and having so many occasions for extolling the author's head, we are rejoiced to find that the heart deserves not less praise. - We have not yet done with this interesting part of the volume. In concluding his view of reforms, the author adds; it was thus that Leopold proceeded, when Grand Duke of Tuscany. Notwith |
