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Yet in those flute-like voices, mingling low, the temptation of noting down every beautiful Is Woman's tenderness-how soon her woe! passage which arrests us in turning over the · Her look is on you-silent tears to weep, [hour ; | leaves of the volumes before us.

We ought And patient smiles to wear, through sufforing's to recollect, too, that there are few to wbom And sumless riches, from affection's deep,

our pages are likely to come, who are not To pour on broken reeds—a wasted show'r! And to make idols, -and to find them clay,

already familiar with their beauties; and, in And to bewail that worship!--therefore pray!

fact, we have made these extracts, less with

the presumptuous belief that we are introHer lot is on you! to be found untir'd,

ducing Mrs. Hemans for the first time to the Watching the stars out by the bed of pain, With a pale cheek, and yet a brow inspir'd,

knowledge or admiration of our readers, than And a true heart of hope, though hope be vain ; from a desire of illustrating, by means of Meekly to bear with wrong, to cheer decay, them, that singular felicity in the choice and And, oh! to Love through all things !-there- employment of her imagery, of which we fore pray !"

have already spoken so much at large;—that There is a fine and stately solemnity, too, world of sense and of soul—that delicate

fine accord she has established between the in these lines on "The Lost Pleiad :'

blending of our deep inward emotions with “ Hath the night lost a gem, the regal night? their splendid symbols and emblems without.

She wears her crown of old magnificence, We have seen too much of the perishable Though thou art exiled thence

nature of modern literary fame, to venture to No desert seeins to part those urns of light,

predict to Mrs. Hemans ihat hers will be im'Midst the far depihs of purple gloom intense.

mortal, or even of very long duration. Since “ They rise in joy, the starry myriads, burning, the beginning of our critical career we have The shepherd greets them on his mountains seen a vast deal of beautiful poetry pass into And from the silvery sea

(free; To them the sailor's wakeful eye is turning

oblivion, in spite of our feeble efforts to recall Unchang'd they rise ; they have not mourn'dor retain it in remembrance. The tuneful for thee!

quartos of Southey are already little better “ Couldst thou be shaken from thy radiant place,

than lumber:- and the rich melodies of E'en as a dew-drop from the myrtle spray,

Keats and Shelley,—and the fantastical em. Swept by the wind away?

phasis of Wordsworth, -and the plebeian Wert thou not peopled by some glorious race ? pathos of Crabbe, are melting fast from the

And was there power to smite them with decay? | field of our vision. The novels of Scott have " Then who shall talk of thrones, of sceptres riv'n? put out his poetry: Even the splendid strains

Bowd be our hearts to think on what we are of Moore are fading into distance and dimWhen from its height afar

ness, except where they have been married A World sinks thus-and yon majestic heav'n to immortal music; and the blazing star of Shines not the less for that one vanish'd star!"

Byron himself is réceding from its place of The following, on "The Dying Improvisa- pride. We need say nothing of Milman, and tore," have a rich lyrical cadence, and glow Croly, and Atherstone, and Hood, and a legion ef deep feeling:

of others, who, with no ordinary gifts of taste

and fancy, have not so properly survived their "Never, oh! never more, On thy Rome's purple heaven mine eye shall dwell

, from what seemed their just inheritance. The

fame, as been excluded by some hard fatality, Or watch the bright waves melt along thy shoreMy Italy, farewell!

two who have the longest withstood this rapid " Alas!-thy hills among,

withering of the laurel, and with the least Had I but left a memory of my name,

marks of decay on their branches, are Rogers Of love and grief one deep, true, fervent song,

and Campbell ; neither of them, it may be reUnto immortal fame!

marked, voluminous writers, and both dis"But like a lute's brief tone,

tinguished rather for the fine taste and conLike a rose-odour on the breezes cast,

summate elegance of their writings, than for Like a swift flush of dayspring. seen and gone,

that fiery passion, and disdainful vehemence, So hath my spirit pass'd!

which seemed for a time to be so much more “ Yet, yet remember me!

in favour with the public. Friends! that upon its murmurs oft have hung, If taste and elegance, however, be titles to When from my bosom, joyously and free, enduring fame, we might venture securely to The fiery fountain sprung!

promise that rich boon to the author before " Under the dark rich blue

us; who adds to those great merits a tender, Of midnight heav'ns, and on the star-lit sea, ness and loftiness of feeling, and an ethereal And when woods kindle into spring's first hue, purity of sentiment, which could only emaSweet friends! remember me!

nate from the soul of a woman. She must “ And in the marble halls,

beware, however, of becoming too voluminWhere life's full glow the dreams of beauty wear,


and must not venture again on any thing And poet-thoughis embodied light the walls, Let me be with you there!

so long as the “ Forest Sanctuary." But, if

the next generation inherits our taste for short “ Fain would I bind, for yoni, My memory with all glorious things to dwell;

poems, we are persuaded it will not readily

allow her to be forgotten. For we do not Fain bid all lovely sounds my name renewSweet friends! bright land ! farewell!"

hesitate to say, that she is, beyond all com

parison, the most touching and accomplished But we must stop here. There would be writer of occasional verses that our literature no end of our extracts, if we were to yield to has yet to boast of.



I am aware that the title prefixed to this head or Division of the present publication, is 110t likely to attract many readers; and, for this reason, I have put much less under it, than under any of the other divisions. But, having been at one time more addicted to the studies to which it relates than to any other—and still confessing to a certain partiality for them-I could not think of letting this collection of old speculations go forth to the world, without some specimen of those which once found so much favour in my eyes.

I will confess, too, that I am not unwilling to have it known that, so long ago as 1804, I adventured to break a spear (and I trust not quite ingloriously) in these perilous lists, with two such redoubted champions as Jeremy Bentham and Dugald Stewart, then in the maturity of their fame; and also to assail, with equal gallantry, what appeared to me the opposite errors of the two great Dogmatical schools of Priestley and of Reid.

I will venture also to add, that on looking back on what I have now reprinted of these early lucubrations, I cannot help indulging a fond, though probably delusive expectation, that the brief and familiar exposition I have there attempted, both of the fallacy of the Materialist theory, and of the very moderate practical value that can be assigned to Metaphysical dis. cussions generally, and especially of the real shallowness and utter insignificance of the thorough-going Scepticism (even if unanswerable) to which they have been supposed 1 Sead, may be found neither so tedious, nor so devoid of interest even to the general reader, as the mere announcement of the subjects might lead him to apprehend.

(April, 1804.) Traités de Législation Civile et Pénale; précédés de Principes Généraux de Législation, et d'une

Vue d'un Corps complet de Droit ; terminés par un Essai sur l'influence des Tems et des Lieux relativement aux Lois. Par M. JÉRÉMIE BENTHAM, Jurisconsulte Anglois. Publiés en François par M. Dumont de Genève, d'après les Manuscrits confiés par l'Auteur. 8vo. 3 tom. Paris, an X. 1802.

The title-page of this work exhibits a curi- | While the author displayed, in many places, ous instance of the division of labour; and of great originality and accuracy of thinking, and the combinations that hold_together the lite- gave proofs throughout of a very uncommon rary commonwealth of Europe. A living degree of courage, acuteness, and impartiality, author consents to give his productions to the it was easy to perceive that he was encumworld in the language of a foreign editor; and bered with the magnitude of his subject, and the speculations of an English philosopher are that his habits of discussion were but ill published at Paris, under the direction of a adapted to render it popular with the greater redacteur from Geneva. This arrangement is part of his readers. Though fully possessed not the most obvious or natural in the world; of his subject, he scarcely ever appeared to nor is it very flattering to the literature of this be properly the master of it; and seemed evicountry; but we have no doubt that it was dently to move in his new career with great adopted for sufficient reasons.

anxiety and great exertion. In the subordiIt is now about fifteen years since Mr. nate details of his work, he is often extremely Bentham first announced to the world his de- ingenious, clear, and satisfactory; but in the sign of composing a great work on the Prin- grouping and distribution of its several parts, ciples of morals and legislation. The specimen he is apparently irresolute or capricious; and which he then gave of his plan, and of his has multiplied and distinguished ihem by such abilities, was calculated, we think, to excite a profusion of divisions and subdivisions, that considerable expectation, and considerable the understanding is nearly as much bewil. alarm, in the reading part of the community. I dered from the excessive labour and com


plexity of the arrangement, as it could have | Bentham's system depends is, that Utility, been from its absolute omission. In following and utility alone, is the criterion of right and out the discussions into which he is tempted wrong, and ought to be the sole object of the by every incidental suggestion, he is so anxi- legislator. This principle, he admits, has ous to fix a precise and appropriate principle often been suggested, and is familiarly recurof judgment, that he not only loses sight of red to both in action and deliberation ; but he the general scope of his performance, but maintains that it has never been followed out pushes his metaphysical analysis to a degree with sufficient steadiness and resolution, and of subtlety and 'minuteness that must prove that the necessity of assuming it as the exclurepulsive io the greater part of his readers. In sive test of our proceedings has never been the extent and the fineness of those specula- sufficiently understood. There are two printions, he sometimes appears to lose all recol- ciples, he alleges, that have been admitted to lection of his subject, and often seems to have a share of that moral authority which belongs tasked his ingenuity to weave snares for his of right to utility alone, and have exercised a understanding

control over the conduct and opinions of soThe powers and the peculiarities which ciety, by which legislators have been very were thus indicated by the preliminary trea- frequently misled. One of these he denomitise, were certainly such as to justify some nates the Ascetic principle, or that which ensolicitude as to the execution of the principal joins the mortification of the senses as a duty, work. While it was clear that it would be and proscribes their gratification as a sin ; and well worth reading, it was doubtful if it would the other, which has had a much more extenbe very fit for being read: and while it was sive influence, he calls the principle of Symcertain that it would contain many admirable pathy or Antipathy; under which name he remarks, and much original reasoning, there comprehends all ihose systems which place was room for apprehending that the author's the basis of morality in ihe indications of a love of method and metaphysics might place moral Sense, or in the maxims of a rule of his discoveries beyond the reach of ordinary Right; or which, under any other form of exstudents, and repel the curiosity which the pression, decide upon the propriety of human importance of the subject was so likely to ex- actions by any reference to internal feelings, cite. Actuated probably, in part, by the con- and not solely on a consideration of their consciousness of those propensities (which nearly sequences. disqualified him from being the editor of his As utility is thus assumed as the test and own speculations), and still too busily occu- standard of action and approbation, and as it pied with the prosecution of his great work consists in procuring pleasure and avoiding to attend to the nice finishing of its parts, Mr. pain, Mr. Bentham has thought it necessary, Bentham, about six years ago, put into the in this place, to introduce a catalogue of all hands of M. Dumont a large collection of the pleasures and pains of which he conceives manuscripts, containing the greater part of man to be susceptible; since these, he alleges, the reasonings and observations which he are the elements of that moral calculation in proposed to embody into his projected sys- which the wisdom and the duty of legislators iem. These materials, M. Dumont assures and individuals must ultimately be found to us, though neither arranged nor completed, consist. The simple pleasures of which man were rather redundant than defective in quan- is susceptible are fourteen, it seems, in numtity; and left nothing to the redacteur, but the ber; and are thus enumerated-1. pleasures occasional labour of selection, arrangement, of sense : 2. of wealth: 3. of dexterity: 4. of and compression. This task he has performed, good character: 5. of friendship: 6. of power: as to a considerable part of the papers entrust- 7. of piety: 8. of benevolence : 9. of malevoed to him, in the work now before us; and lence: io. of memory: 11. of imagination : has certainly given a very fair specimen both 12. of hope: 13. of association : 14. of relief of the merit of the original speculations, and from pain. The pains, our readers will be of his own powers of expression and distribu- happy to hear, are only eleven; and are al. tion. There are some passages, perhaps, into most exactly the counterpart of the pleasures which a degree of levity has been introduced that have now been enumerated. The conthat does not harmonise with the general tone struction of these catalogues, M. Dumont conof the composition; and others in which we siders as by far the greatest improvement that miss something of that richness of illustration has yet been made in the philosophy of huand homely vigour of reasoning which de- man nature ! lighted us in Mr. Bentham's original publica- It is chiefly by the fear of pain that men tions; but, in point of neatness and perspicuity, are regulated in the choice of their deliberate conciseness and precision, we have no sort of actions; and Mr. Bentham finds that pain doubt that M. Dumont has been of the most may be attached to particular actions in four essential service to his principal; and are in- different ways: 1. by nature : 2. by public clined to suspect that, without this assistance, opinion: 3. by positive enactment: and 4. by we should never have been able to give any the doctrines of religion. Our institutions will account of his labours.*

be perfect when all these different sanctions The principle upon which the whole of Mr. are in harmony with each other.

But the most difficult part of our author's A considerable portion of the original paper task remains. In order to make any use of is here omitted; and those parts only retained, which relate to ihe general principle and scope of those "elements of moral arithmetic," which

are constituted, by the lists of our pleasures

the system.

and pains, it was evidently necessary to as- , and therefore can afford no fixed standard for certain their relative Value, — to enable him to general approbation or enjoyment. Now we proceed in his legislative calculations with any cannot help thinking, that this fundamental degree of assurance. Under this head, how- proposition is very defective, both in logical Aver, we are only told that the value of a consistency, and in substantial truth. In the pleasure or a pain, considered in itself, de- first place, it seems very obvious that the pends, 1. upon its intensity, 2. upon its prox- principle of utility is liable to the very same imity, 3. upon its duration, and 4. upon its objections, on the force of which the authority certainty; and that, considered with a view of moral impressions has been so positively to its consequences, its value is further affect- denied. For how shall utility itself be recoged, 1. by its fecundity, i. e. its tendency to nised, but by a feeling exactly similar to that produce other pleasures or pains; 2. by its which is stigmatised as capricious and unacpurity, i.e. its being unmixed with other sen- countable? How are pleasures and pains, and sations; and, 3. by the number of persons to the degrees and relative magnitude of pleawhom it may extend. These considerations, sures and pains, to be distinguished, but by however, the author justly admits to be still the feeling and experience of every individual? inadequate for his purpose; for, by what And what greater certainty can there be in merus is the Intensity of any pain or pleasure the accuracy of such determinations, than in to be measured, and how, without a knowledge the results of other feelings no less general of this, are we to proportion punishments to and distinguishable? If right and wrong, in temptations, or adjust the measures of recom- short, be not precisely the same to every inpense or indemnification ? To solve this pro- dividual, neither are pleasure and pain; and blem, Mr. Bentham seems to have thought it if there be despotism and absurdity in impossufficient to recur to his favourite system of ing upon another, one's own impressions of Erumeration; and to have held nothing else wisdom and propriety, it cannot be just and necessary than to make out a fair catalogue reasonable to erect a standard of enjoyment, of "the circumstances by which the sensi- and a consequent rule of conduct, upon the bility is affected.” These he divides into two narrow basis of our own measure of sensibility. branches—the primary and the secondary. It is evident, therefore, that by assuming the The first he determines to be exactly fifteen, principle of utility, we do not get rid of the viz. temperament-health-strength-bodilý risk of variable feeling; and that we are still imperfection—intelligence -strength of un- liable to all the uncertainty that may be proderstanding - fortitude - perseverance-dis- duced by this cause, under the intluence of positions-notions of honour — notions of reli- any other principle. gion-sympathies—antipathies — folly or de- The truth is, however, that this uncertainty rangement-fortune. The secondary are only is in all cases of a very limited nature; and nine, viz. sex-age-rank-education - pro- that the common impressions of morality, the fession-climate -creed-government --re- vulgar distinctions of right and wrong, virtue ligious creed. By carefully attending to these and vice, are perfectly sufficient to direct the twenty-four circumstances, Mr. Bentham is of conduct of the individual, and the judgment opinion that we may be able to estimate the of the legislator, for all useful purposes, withvalue of any particular pleasure or pain to an out any reference to the nature or origin of individual, with sufficient exactness; and to those distinctions. In many respects, indeed, judge of the comparative magnitude of crimes, we conceive them to be much fitter for this and of the proportionate amount of pains and purpose than Mr. Bentham's oracles of utility. compensations.

În ihe first place, it is necessary to observe, Now the first remark that suggests itself is, that it is a very gross and unpardonable misthat if there is little that is false or pernicious take to represent the notions of right and in this system, there is little that is either new wrong, which are here in question, as dependor important. That laws were made to pro-ing altogether upon the private and capricious mote the general welfare of society, and that feelings of an individual. Certainly no man nothing should be enacted which has a differ- was ever so arrogant or so foolish, as to insist ent tendency, are truths that can scarcely upon establishing his own individual persuaclaim the merit of novelty, or mark an epoch sion as an infallible test of duty and wisdom by the date of their promulgation; and we for all the rest of the world. The moral feel. have not yet been able to discover that the ings, of which Mr. Bentham would make so vast technical apparatus here provided by Mr. small account, are the feelings which obserBentham can be of the smallest service in vation has taught us to impute to all men, improving their practical application. those in which, under every variety of cir

The basis of the whole system is the undi- cumstances, they are found pretty constantly vided sovereignty of the principle of Utility, to agree, and as to which the uniformity of and the necessity which there is for recurring their conclusions may be reasoned and reck.. strictly to it in every question of legislation. oned upon, with almost as much security as Moral feelings, it is admitted, will frequently in the case of their external perceptions. be found to coincide with it; but they are on The existence of such feelings, and the unino account to be trusted to, till this coinci- formity with which they are excited in all dence has been verified. They are no better, men on the same occasions, are facts, in short, in short, than sympathies and antipathies, that admit of no dispute; and, in point of cermere private and unaccountable feelings, that tainty and precision, are exactly on a footing may vary in the case of every individual; I with those perceptions of utility that can only

be relied on after they also have been verified | wards attempt, unsuccessfully, though with by a similar process of observation. Now, great labour, to repeat. They may be com. we are inclined to think, in opposition to Mr. pared, on this view of the matter, to thora Bentham, that a legislator will proceed more acquired perceptions of sight by which the eje safely by following the indications of those is enabled to judge of distances; of the pro. moral distinctions as to which all men are cess of acquiring which we are equally un. agreed, than by setting them altogether at conscious, and yet by which it is certain thai defiance, and attending exclusively to those we are much more safely and commodiously perceptions of utility which, after all, he must guided, within the range of our ordinary occucollect from the same general agreement. pations, than we ever could be by any formal

It is now, we believe, universally admitted, scientific calculations, founded on the faintthat nothing can be generally the object of ness of the colouring, and the magnitude of the moral approbation, which does not tend, upon angle of vision, compared with the average the whole, to the good of mankind; and we tangible bulk of the kind of object in question. are not even disposed to dispute with Mr. The comparative value of such good and Bentham, that the true source of this moral evil, we have already observed, can obviously approbation is in all cases a perception or ex- be determined by feeling alone; so that the perience of what may be called utility in the interference of technical and elaborate reason. action or object which excites it. The dif- ing, though it may well be supposed to disturb ference between us, however, is considerable; those perceptions upon the accuracy of which and it is precisely this-Mr. Bentham main the determination must depend, cannot in any tains, that in all cases we ought to disregard case be of the smallest assistance. Where the presumptions arising from moral approba- the preponderance of good or evil is distinctly tion, and, by a resolute and scrupulous analy- felt by all persons to whom a certain combisis, to get at the actual, naked utility upon nation of feelings has been thus suggested, which it is founded; and then, by the appli- we have all the evidence for the reality of cation of his new moral arithmetic, to deter- this preponderance that the nature of the mine its quantity, its composition, and its subject will admit; and must try in vain to value; and, according to the result of this in- traverse that judgment, by any subsequent vestigation, to regulate our moral approbation exertion of a faculty that has no jurisdiction for the future. We, on the other hand, are in the cause. The established rules and im. inclined to hold, that those feelings, where pressions of morality, therefore, we consider they are uniform and decided, are by far the as the grand recorded result of an infinite surest tests of the quantity and value of the multitude of experiments upon human feeling utility by which they are suggested; and that and fortune, under every variety of circumif we discredit their report, and attempt to as- stances; and as affording, therefore, by far certain this value by any formal process of cal- the nearest approximation to a just standard culation or analysis, we desert a safe and natu- of the good and the evil that human conduct ral standard, in pursuit of one for the construc- is concerned with, which the nature of our tion of which we neither have, nor ever can faculties will allow. In endeavouring to cor. have, any rules or materials. A very few ob- rect or amend this general verdict of mankind, servations, we trust, will set this in a clear light. in any particular instance, we not only substi.

The amount, degree, or intensity of any tute our own individual feelings for that large pleasure or pain, is ascertained by feeling; average which is implied in those moral imand not determined by reason or reflection. pressions, which are universally prevalent, These feelings however are transitory in their but obviously run the risk of omitting or misown nature, and, when they occur separately, taking some of the most important elements and, as it were, individually, are not easily of the calculation. Every one at all acrecalled with such precision as to enable us, customed to reflect upon the operations of upon recollection, to adjust their relative val- his mind, must be conscious how difficult it ues. But when they present themselves in is to retrace exactly those trains of thought combinations, or in rapid succession, their which pass through the understanding almost relative magnitude or intensity is generally without giving us any intimation of their experceived by the mind without any exertion, istence, and how impossible it frequently is and rather by a sort of immediate feeling, to repeat any process of thought, when we than in consequence of any intentional com- purpose to make it the subject of observation. parison : And when a particular combination The reason of this is, that our feelings are not or succession of such feelings is repeatedly or in their natural state when we would thus frequently suggested to the memory, the rela- make them the objects of study or analysis; tive value of all its parts is perceived with and their force and direction are far betier great readiness and rapidity, and the general estimated, therefore, from the traces which result is fixed in the mind, without our being they leave in their spontaneous visitations, conscious of any act of reflection. In this than from any forced revocation of them for way, moral maxims and impressions arise in the purpose of being measured or compared. the minds of all men, from an instinctive and when the object itself is inaccessible, it is involuntary valuation of the good and the evil wisest to compute its magnitude from its which they have perceived to be connected shadow; where the cause cannot be directly with certain actions or habits; and those im- examined, its qualities are most securely in. essions may safely be taken for the just re- ferred from its effects.

of that valuation, which we may after. One of the most obvious consequences of

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