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Subject Area: Political Theory
Subject Area: Law

Bentham to Sir R. P. Carew. - Jeremy Bentham, The Works of Jeremy Bentham, vol. 10 (Memoirs Part I and Correspondence) [1843]

Edition used:

The Works of Jeremy Bentham, published under the Superintendence of his Executor, John Bowring (Edinburgh: William Tait, 1838-1843). 11 vols. Vol. 10.

Part of: The Works of Jeremy Bentham, 11 vols.

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Bentham to Sir R. P. Carew.

“Queen Square Place,
20th April, 1804.

“Dear Sir,—

Mr Colquhoun, t’other day, having put into my hands the papers communicated by him to your office, in relation to the Bill for the Suspension of the Army of Reserve, the use I observed therein made of a favourite and long ago entertained, digested, and even communicated idea of my own, not only for the prevention of desertion, but for abundance of other uses—I mean personal identification marks—suggested the following queries:—1st. Might it not be easier, by consent, altogether voluntary, (viz. among the conditions of enlistment, at the receipt of the bounty money,) and consequently without Parliamentary cognizance and debate, to apply the security to all recruits enlisting in future, than by converting it into a stigma, to confine it to the case of deserters only, on whose persons, the ordinary punishment of whipping, produces equivalent effect, though probably not thought of by those who instituted it. The name, with some other identifying particulars, (a symbol of honour might be of the number,) might form an ornamental bracelet above or below the elbow.

“2nd. At present, spontaneously inflicted marks of this sort, are said to be so common among the seamen, that it is perhaps easier to find one who is furnished with such a mark, than one who is free from it. In those instances, how variously soever diversified the marks may be, and how far soever the man may be from having in contemplation any such act, yet can it be otherwise than that these means of identification operate as a restraint upon desertion with very considerable efficacy?

Were a signalment of this kind once established in the character of a mark of infamy is it not to be apprehended that the above-mentioned custom of self-marking would cease? And in that event, would not the gain of this sort of security in the instance of a thousand or two convicted deserters (and who already wear the like security though in another shape) be very dearly paid for, by the loss of it in the instance of perhaps fifty thousand seamen in the king’s service, not to mention those in the merchant service, and even of other classes?

“I will not, on the present occasion, attempt to trouble you with a detail of the prodigiously diversified, as well as important and useful applications capable of being made of this species of security for good behaviour, in proportion to the extent which could be given to it. A variety of offences might by means of it be rendered altogether impracticable; many more encompassed with additional and palpable danger, and thereby checked—and punishments mitigated without prejudice to their efficacy. The security of imprisonment might be increased, and, at the same time, the rigour of it abated, &c. &c.

“In Panopticon, it was a sheet-anchor: my plan was, by all imaginable and lawful means (rather than fail—of which I had little apprehension—I would almost have hazarded unlawful ones) to get the prisoners to submit to it, as part of the uniform of the establishment; and to prevent its being considered as a punishment, or a hardship, I intended to have set the example in my own person, and, if possible, in those of my subordinates. I mentioned it at the time to Sir Evan Nepean, who was struck with it, and seemed to come into it heartily. I believe, he himself, as a seaman, had been used to think of it in some such view; but, for my part, I had applied it upon paper, to the whole catalogue of offences committed and committable. The present generation, I fear, I should rather say, I am certain, is not yet ripe for giving it the extent of which it is susceptible, nor of deriving a tenth-part of the advantage that might be derived from it. Real public spirit is so rare—horror of singularity, to any useful purpose, so general, that there is not, perhaps, one man in a thousand to whom any degree of public utility would afford sufficient compensation for the depriving himself of so good a pretence for setting up, or joining in a horse-laugh. I have, therefore, for these twenty, or twenty-five or thirty years, kept myself from saying of it in print, what otherwise I should have said of it. I should not, even now, have thought it worth while to sacrifice the hour I have been bestowing upon it, had it not been for the alarm of seeing my panacea spoilt forever, by what appeared to me an injudicious application of it.

“In a very short conversation I have had with Mr Colquhoun, I threw out a few hints to the above effect, and he did not appear to disagree with me. Excuse once more this trouble, which, with great reluctance I have prevailed on myself to give you. Give me credit for substituting a legible hand for the illegible one you sometimes complained of, and believe me ever,” &c. &c.