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780 THE LEADER. [Saturday,
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TO READERS AND CORRESPONDENTS. It is imp...
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SATURDAY, ATTGTJST 13,1853.
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^tt lilir Mairs.
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There is nothing' so revolutionary;, bec...
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RATIONALE OF GOVERNMENT, NOT BY BENTHAM....
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THE LORDS AND THE COMBINATION LAW In thr...
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Transcript
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Note: This text has been automatically extracted via Optical Character Recognition (OCR) software. The text has not been manually corrected and should not be relied on to be an accurate representation of the item.
Additionally, when viewing full transcripts, extracted text may not be in the same order as the original document.
780 The Leader. [Saturday,
780 THE LEADER . [ Saturday ,
To Readers And Correspondents. It Is Imp...
TO READERS AND CORRESPONDENTS . It is impossible to acknowledge the mass of letters vro receive . Their insertion is of ten delayed , owing to a press of matter ; and when omitted , it is frequently from reasons quite independent of the merits of the communication . Uo notice can be taken of anonymous communications . Whatever is intended for insertion must bo authenticated by the . name and address of the writer ; not necessarily for publication , but as a guarantee . of his good faith . ' 4 ; We cannot undertake-to . return rejected communications . All letters for the Editor should be addressed to 7 , Wellingtonstreet , Strand , London . Communications should always be legibly written , and on one side of the paper only . If long , it increases the difficulty of finding space for them .
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Saturday, Attgtjst 13,1853.
SATURDAY , ATTGTJST 13 , 1853 .
^Tt Lilir Mairs.
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There Is Nothing' So Revolutionary;, Bec...
There is nothing' so revolutionary ; , because there is nothing so "unnatural and convulsive , as the strain to Jkeep ¦ things fixed when all the world is by the very law of its creation in eternal progress . —De . AeicoiiB .
Rationale Of Government, Not By Bentham....
RATIONALE OF GOVERNMENT , NOT BY BENTHAM . The journal which , represents the mind of the late Government has devoted itself with some system to the exposition of a theoretical optimism of a novel kind . The three countries , Russia , the United States , and England , are taken as types of states , " Each representing a distinct and powerful principle , —despotism , democracy , and aristocracy , —each principle completely adapted to the circumstances with which
respectively it has to deal , " Thus , Russia is painted as being of vast size , rudely peopled , and depending for unity on the sovereign power . " Incapable themselves of self-government , the supremacy of the nobility would reduce it to the former state of Poland . " The syntax throws some obscurity on the relation of the word " themselves ; " but we can guess at it . Now no one knows what he can do till he tries , and as neither the Russian nobles nor the people have yet had an opportunity of trying selfgovernment , we cannot presume theirincapability . If there is any party in Russia whose incapacity for self-government is proved , it is no other party
than JNicholas himself . He gets into a passion , tries to steal a state , inflicts war upon a whole community , and performs thus the functions allotted to him by our contemporary , the Press , of affording " the best security for the means of civilization ! " There is , however , hope for Russia , partly in tho progress of opinion amongst her nobles , whose continued toleration of government under a tyrant representing a ruder state of society , is a question only of time . There is much also in the dawning sense of intelligence , strength , and will , which is noticeable amongst the Russians . A farther cause for ultimate
change—change in itself a hopeful thing for Rus 3 ia—lies in tho gradual development of different interests for different sections of that heterogeneous empire—with its trading capacities around tho Baltic , stunted now . by imperial despotism ; with its great Exile interests in Siberia , gradually stretching forth towards a congenial republic in America ; and its Sclavonian commercial-military interests towards tho South .
America with " her boundless lands , " " peopled by men trained in tho experience of an ancient and highly civilized country , without public debts or pauperism , " is an easy object for complimentary optimism ; but what are wo to understand from a writer whoso capricious fancy chooses to represent America , not only " without traditions , " but " without classes , and without institutions . " Has tho writer never heard of
" tho upper ton P" Has ho novor aeon tho volume embodying tho state- constitutions P Pooh he not know that tho common law is identical with that of his own country F But it ih in England that his fancy runs riot . Starting with tho assumption that a real aristocracy can only bo established on tho land , Iuh object ia to hIiow thnl , tho aristocracy of England is the only one loft : " There are in othor countrion bodioa of inou who cull
themselves aristocracies , but they are , in fact , only bits of ribbon , precious stones , and plumes of feathers . Our manners , even more than our laws , have made the aristocracy of this country mainly rest on the land . Its possession being free , and easily attainable , as is proved by the number of considerable estates always in the market , the accumulated fortunes of every species of enterprise have been deposited in the spil . ^ The greatest names of manufacturing Lancashire , Peel and Arkwrigbt , have invested their capital in the land . In our own time the prince of British merchants has stepped out of his counting-house in Bishopsgate-street , and , purchasing estates in almost every county , has founded one of the wealthiest peerages in our golden
book . The banking treasures of Lombard-street repose under the coronets of Londesborough , of Carington , and of Overstone . The only great man whom the Stock Exchange has produced , Mr . Bicardo , divided his million among three counties , and founded three parliamentary families . " The fact is , that these instances of great families are an exception , unless we were to regard Mr . Cobden and many other persons of less aristocratic objects , as the founders of a landed aristocracy . The change which has taken place is
exactly one of the opposite kind . Our own landed aristocracy , disregarding its social duties , heedless of its position in the state , has mortgaged its lands for luxurious habits ; abdicated its proud position , and now would not dare to make the attempt at recovering that position in a state which can only be held by force either of intellect or arm . To the paid army the aristocracy has yielded the possession of the sword ; to the professions , it has yielded the supremacy of intelligence ; to tradethe supremacy of wealth . The purchase
, which the writer notices is partly exceptional ; partly also it proves the extent to which land has become a marketable commodity . The true explanation of the matter is , that trade is putting " a man in possession" of that marketable commodity which land has become ; and the aristocracy , losing its place in the senate , in the field , and on the land , unable to sustain the encumbrances of its luxury , is selling off , and its members are moving to some smaller and obscurer abode .
Peace go with them . We owe them no grudge . They have won for us many of those things which have made us great . If we reproach them with anything , it is with neglecting one or two of their duties , the neglecting of which involves forfeiture of place . They ought either to have held a sort of chivalry with a strong mailed hand of old , and to have kept down every change in the country , preserving it to its bold barons ; or to have devoted themselves with a real heart to
the work of keeping pace with the knowledge which has advanced since the days of bold baronhood , and then they might have preserved the start which fortune has given them . There is one weakness , and one alone , that has destroyed our aristocracy , and that is nothing greater or more respectable than laziness . There is one virtue , —and perhaps our prejudice permits us to say one virtuo alone , which is enabling the socalled aristocracy of trade to take the vacant
place , and that is tho virtuo of diligence . Quiet as tho times may be , we have not yet arrived at the rSgime of positive science , of true democracy , or of any other perfectionated system ; and the qualities of tho trading rdgime are such as to leave us not without regrets for the rougher kind to which it has superseded , if we were also without hopes for tho times beyond . But what help does tho old aristocracy—its bold barons represented by incapable Winchilseas , or culinary Malmesburys—afford us for reaching those bettor times P
Tho writer m tho Press proposes to preserve tho aristocratic institution , which ho dreams to survive ; and m an inducement , ho observes that " the House of Commons has lost in popularity , and public confidence , in proportion as tho return of popular candidates has multipliod . " This is a remarkable fact , but ono tho solution of which involves no profound inquiry . It is to bo remembered that wo havo not a popular
franchise ; candidates aro Returned , not by tho people , but by a class . Tho aristocracy has helped tho middle class , which ia more numerous than the aristocracy , to restrict the franchise to tho limit of that ; middle class ; thun making the rcprc-Hontativo Chamber represent alone that clasw in the country which in most anti-ariHtocratiowhich nionfc hates tho lordly , and also retains most grudges against tho pooplo . No wonder
then that it is unpopular . Hence , the hopelessness of inducing Parliament to have any living care for national interests , or for any interests but those of class , for any measures but those of the day . If , indeed , our aristocracy would use the remaining life that there is in it for a last appeal to the people—if it would make common cause with the people , then we might break the narrow bonds of class ; and that class itself which is now anti-national and anti-popular , would be restored to its true place as a part of the community ; and , united with other classes , it might recover its interest in the welfare and dignity of the State .
The Lords And The Combination Law In Thr...
THE LORDS AND THE COMBINATION LAW In throwing out the Bill to explain the law relating to combination of workmen , we believe that the House of Lords have acted upon misinformation , but to the best of their judgment . It would appear , from the general course of debate , that the person who really procured the rejection of the Bill was Lord Truro ; to whom the Lord Chancellor , as it were , sang second , —one sustained ditto to his first . Lord Hardwicke , the other opponent of the Bill , objected that it was prepared as if its objects were to make combinations the order of the day . It is a disadvantage to argue upon reports so imperfect as those before us ; for if we knew more of what Lord Hardwicke said , we might perhaps be able to suggest that there are combinations which it would be verydesirable to facilitate . Nothing can be more conducive to a good understanding between masters and men than any machinery which would enable them to come to an understanding between themselves , in the first instance . If working men could collect their own opinions , and masters could collect their own , a common understanding might be effected more readily between the two sides than under present circumstances . A good law which would permit peaceful combinations , leaving assault ; or intimidation to the ordinary police-law , would do more for peace than one which is now involved in a double judicial obscurity , and leaves each side to circumvent an . d bully the other as it best may .
It is in Lord Truro ' s briefly reported speech that we find the most like a tangible objection to the measure . He enlarged upon the " peaceful persuasion" as a dangerous thing , and asked , whether , under such words as were used in the bill , the greatest amount of force and coercion might not be employed P We do not deny that there are pettyfogging lawyers who can construe peaceful persuasion to mean violent coercion ; but that the lawyers do so arises from the doubtful
construction of statutes framed by themselves , and from the licence which the profession enjoys of twisting words against common sense in the application of tho law . In the brief Bill which we quoted on the 9 th of July last , and which we now reproduce , the language is sufficiently clear for persons of sense , and if the lawyers were kept out of court , any intellectual and upright judge , and any twelve men , could test the facts by that statute .
" Whereas , an act was passed in the sixth year of tho reign of King George IV ., entituled 'An Act to repeal tho laws relating to tho Combination , and to make other Provisions in lieu thereof ; ' and whereas doubts havo arisen as to the construction of the said net . Bo it therefore enacted , by tho Queen ' s most excellent Majesty , by and with the advice and consent of tho Lords , spiritual and temporal , and Commons , in this present Parliament assembled , and by the authority of tho same , and ] it is hereby declared , that masters , employers , workmen , or other persons , who shall enter into any combination to advance or to lower , or to fijf tho rate of their wages , or to lessen or alter the houru ,
or duration , of tho time of their working , or workmen who sJtall , by peaceable persuasion , and without any intimidation of any kind whatsoever , endeavour to induce others to abstain from work , in ordor to obtain tho rate of waigcn , or tho altered hours of labour , so fixed or agreed upoh , or to bo agreed upon , shaft not I / c deemed or taken to he guilty of ' molestation' or ' obstruction , ' within the meaning of the said act , and fllniU not , therefore , bo Hubjcct or liablo to any indictment or prosecution for connpiriicy . Provided always , that nothing heroin contained shall authorize any attempt to induce ; any workman to break or depart from any contract or « ntmcromont . "
But tho most cogent objection by Lord Truro was , that there was no necessity for tho law , and he put tho case thus : — " Thiy bill proicHHcd to bo culled , for in consequence
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Citation
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Leader (1850-1860), Aug. 13, 1853, page 12, in the Nineteenth-Century Serials Edition (2008; 2018) ncse.ac.uk/periodicals/l/issues/cld_13081853/page/12/
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