Miscellaneous Writings and Speeches — Volume 4

THE TEN HOURS BILL. (MAY 22, 1846) A SPEECH DELIVERED IN THE HOUSE OF COMMONS ON THE 22D OF MAY 1846

On the twenty-ninth of April, 1846, Mr Fielden, Member for Oldham, moved the second reading of a Bill for limiting the labour of young persons in factories to ten hours a day. The debate was adjourned, and was repeatedly resumed at long intervals. At length, on the twenty-second of May the Bill was rejected by 203 votes to 193. On that day the following Speech was made.

It is impossible, Sir, that I can remain silent after the appeal which has been made to me in so pointed a manner by my honourable friend, the Member for Sheffield (Mr Ward.), and even if that appeal had not been made to me, I should have been very desirous to have an opportunity of explaining the grounds on which I shall vote for the second reading of this bill.

It is, I hope, unnecessary for me to assure my honourable friend that I utterly disapprove of those aspersions which have, both in this House and out of it, been thrown on the owners of factories. For that valuable class of men I have no feeling but respect and good will. I am convinced that with their interests the interests of the whole community, and especially of the labouring classes, are inseparably bound up. I can also with perfect sincerity declare that the vote which I shall give to-night will not be a factious vote. In no circumstances indeed should I think that the laws of political hostility warranted me in treating this question as a party question. But at the present moment I would much rather strengthen than weaken the hands of Her Majesty's Ministers. It is by no means pleasant to me to be under the necessity of opposing them. I assure them, I assure my friends on this side of the House with whom I am so unfortunate as to differ, and especially my honourable friend the Member for Sheffield, who spoke, I must say, in rather too plaintive a tone, that I have no desire to obtain credit for humanity at their expense. I fully believe that their feeling towards the labouring people is quite as kind as mine. There is no difference between us as to ends: there is an honest difference of opinion as to means: and we surely ought to be able to discuss the points on which we differ without one angry emotion or one acrimonious word.

The details of the bill, Sir, will be more conveniently and more regularly discussed when we consider it in Committee. Our business at present is with the principle: and the principle, we are told by many gentlemen of great authority, is unsound. In their opinion, neither this bill, nor any other bill regulating the hours of labour, can be defended. This, they say, is one of those matters about which we ought not to legislate at all; one of those matters which settle themselves far better than any government can settle them. Now it is most important that this point should be fully cleared up. We certainly ought not to usurp functions which do not properly belong to us: but, on the other hand, we ought not to abdicate functions which do properly belong to us. I hardly know which is the greater pest to society, a paternal government, that is to say a prying, meddlesome government, which intrudes itself into every part of human life, and which thinks that it can do everything for everybody better than anybody can do anything for himself; or a careless, lounging government, which suffers grievances, such as it could at once remove, to grow and multiply, and which to all complaint and remonstrance has only one answer: "We must let things alone: we must let things take their course: we must let things find their level." There is no more important problem in politics than to ascertain the just mean between these two most pernicious extremes, to draw correctly the line which divides those cases in which it is the duty of the State to interfere from those cases in which it is the duty of the State to abstain from interference. In old times the besetting sin of rulers was undoubtedly an inordinate disposition to meddle. The lawgiver was always telling people how to keep their shops, how to till their fields, how to educate their children, how many dishes to have on their tables, how much a yard to give for the cloth which made their coats. He was always trying to remedy some evil which did not properly fall within his province: and the consequence was that he increased the evils which he attempted to remedy. He was so much shocked by the distress inseparable from scarcity that he made statutes against forestalling and regrating, and so turned the scarcity into a famine. He was so much shocked by the cunning and hardheartedness of money-lenders that he made laws against usury; and the consequence was that the borrower, who, if he had been left unprotected, would have got money at ten per cent., could hardly, when protected, get it at fifteen per cent. Some eminent political philosophers of the last century exposed with great ability the folly of such legislation, and, by doing so, rendered a great service to mankind. There has been a reaction, a reaction which has doubtless produced much good, but which like most reactions, has not been without evils and dangers. Our statesmen cannot now be accused of being busybodies. But I am afraid that there is, even in some of the ablest and most upright among them a tendency to the opposite fault. I will give an instance of what I mean. Fifteen years ago it became evident that railroads would soon, in every part of the kingdom, supersede to a great extent the old highways. The tracing of the new routes which were to join all the chief cities, ports, and naval arsenals of the island was a matter of the highest national importance. But, unfortunately, those who should have acted for the nation, refused to interfere. Consequently, numerous questions which were really public, questions which concerned the public convenience, the public prosperity, the public security, were treated as private questions. That the whole society was interested in having a good system of internal communication seemed to be forgotten. The speculator who wanted a large dividend on his shares, the landowner who wanted a large price for his acres, obtained a full hearing. But nobody applied to be heard on behalf of the community. The effects of that great error we feel, and we shall not soon cease to feel. Unless I am greatly mistaken, we are in danger of committing to-night an error of the same kind. The honourable member for Montrose (Mr Hume.) and my honourable friend the Member for Sheffield think that the question before us is merely a question between the old and the new theories of commerce. They cannot understand how any friend of free trade can wish the Legislature to interfere between the capitalist and the labourer. They say, "You do not make a law to settle the price of gloves, or the texture of gloves, or the length of credit which the glover shall give. You leave it to him to determine whether he will charge high or low prices, whether he will use strong or flimsy materials, whether he will trust or insist on ready money. You acknowledge that these are matters which he ought to be left to settle with his customers, and that we ought not to interfere. It is possible that he may manage his shop ill. But it is certain that we shall manage it ill. On the same grounds on which you leave the seller of gloves and the buyer of gloves to make their own contract, you ought to leave the seller of labour and the buyer of labour to make their own contract."

I have a great respect, Sir, for those who reason thus: but I cannot see this matter in the light in which it appears to them; and, though I may distrust my own judgment, I must be guided by it. I am, I believe, as strongly attached as any member of this House to the principle of free trade, rightly understood. Trade, considered merely as trade, considered merely with reference to the pecuniary interest of the contracting parties, can hardly be too free. But there is a great deal of trade which cannot be considered merely as trade, and which affects higher than pecuniary interests. And to say that Government never ought to regulate such trade is a monstrous proposition, a proposition at which Adam Smith would have stood aghast. We impose some restrictions on trade for purposes of police. Thus, we do not suffer everybody who has a cab and a horse to ply for passengers in the streets of London. We do not leave the fare to be determined by the supply and the demand. We do not permit a driver to extort a guinea for going half a mile on a rainy day when there is no other vehicle on the stand. We impose some restrictions on trade for the sake of revenue. Thus, we forbid a farmer to cultivate tobacco on his own ground. We impose some restrictions on trade for the sake of national defence. Thus we compel a man who would rather be ploughing or weaving to go into the militia; and we fix the amount of pay which he shall receive without asking his consent. Nor is there in all this anything inconsistent with the soundest political economy. For the science of political economy teaches us only that we ought not on commercial grounds to interfere with the liberty of commerce; and we, in the cases which I have put, interfere with the liberty of commerce on higher than commercial grounds.

And now, Sir, to come closer to the case with which we have to deal, I say, first, that where the health of the community is concerned, it may be the duty of the State to interfere with the contracts of individuals; and to this proposition I am quite sure that Her Majesty's Government will cordially assent. I have just read a very interesting report signed by two members of that Government, the Duke of Buccleuch, and the noble earl who was lately Chief Commissioner of the Woods and Forests, and who is now Secretary for Ireland (The Earl of Lincoln.); and, since that report was laid before the House, the noble earl himself has, with the sanction of the Cabinet, brought in a bill for the protection of the public health. By this bill it is provided that no man shall be permitted to build a house on his own land in any great town without giving notice to certain Commissioners. No man is to sink a cellar without the consent of these Commissioners. The house must not be of less than a prescribed width. No new house must be built without a drain. If an old house has no drain, the Commissioners may order the owner to make a drain. If he refuses, they make a drain for him, and send him in the bill. They may order him to whitewash his house. If he refuses, they may send people with pails and brushes to whitewash it for him, at his charge. Now, suppose that some proprietor of houses at Leeds or Manchester were to expostulate with the Government in the language in which the Government has expostulated with the supporters of this bill for the regulation of factories. Suppose he were to say to the noble earl, "Your lordship professes to be a friend to free trade. Your lordship's doctrine is that everybody ought to be at liberty to buy cheap and to sell dear. Why then may not I run up a house as cheap as I can, and let my rooms as dear as I can? Your lordship does not like houses without drains. Do not take one of mine then. You think my bedrooms filthy. Nobody forces you to sleep in them. Use your own liberty: but do not restrain that of your neighbours. I can find many a family willing to pay a shilling a week for leave to live in what you call a hovel. And why am not I to take the shilling which they are willing to give me? And why are not they to have such shelter as, for that shilling, I can afford them? Why did you send a man without my consent to clean my house, and then force me to pay for what I never ordered? My tenants thought the house clean enough for them; or they would not have been my tenants; and, if they and I were satisfied, why did you, in direct defiance of all the principles of free trade, interfere between us?" This reasoning, Sir, is exactly of a piece with the reasoning of the honourable Member for Montrose, and of my honourable friend the Member for Sheffield. If the noble earl will allow me to make a defence for him, I believe that he would answer the objection thus: "I hold," he would say, "the sound doctrine of free trade. But your doctrine of free trade is an exaggeration, a caricature of the sound doctrine; and by exhibiting such a caricature you bring discredit on the sound doctrine. We should have nothing to do with the contracts between you and your tenants, if those contracts affected only pecuniary interests. But higher than pecuniary interests are at stake. It concerns the commonwealth that the great body of the people should not live in a way which makes life wretched and short, which enfeebles the body and pollutes the mind. If, by living in houses which resemble hogstyes, great numbers of our countrymen have contracted the tastes of hogs, if they have become so familiar with filth and stench and contagion, that they burrow without reluctance in holes which would turn the stomach of any man of cleanly habits, that is only an additional proof that we have too long neglected our duties, and an additional reason for our now performing them."

Secondly, I say that where the public morality is concerned it may be the duty of the State to interfere with the contracts of individuals. Take the traffic in licentious books and pictures. Will anybody deny that the State may, with propriety, interdict that traffic? Or take the case of lotteries. I have, we will suppose, an estate for which I wish to get twenty thousand pounds. I announce my intention to issue a thousand tickets at twenty pounds each. The holder of the number which is first drawn is to have the estate. But the magistrate interferes; the contract between me and the purchasers of my tickets is annulled; and I am forced to pay a heavy penalty for having made such a contract. I appeal to the principle of free trade, as expounded by the honourable gentlemen the Members for Montrose and Sheffield. I say to you, the legislators who have restricted my liberty, "What business have you to interfere between a buyer and a seller? If you think the speculation a bad one, do not take tickets. But do not interdict other people from judging for themselves." Surely you would answer, "You would be right if this were a mere question of trade: but it is a question of morality. We prohibit you from disposing of your property in this particular mode, because it is a mode which tends to encourage a most pernicious habit of mind, a habit of mind incompatible with all the qualities on which the well-being of individuals and of nations depends."

It must then, I think, be admitted that, where health is concerned, and where morality is concerned, the State is justified in interfering with the contracts of individuals. And, if this be admitted, it follows that the case with which we now have to do is a case for interference.

Will it be denied that the health of a large part of the rising generation may be seriously affected by the contracts which this bill is intended to regulate? Can any man who has read the evidence which is before us, can any man who has ever observed young people, can any man who remembers his own sensations when he was young, doubt that twelve hours a day of labour in a factory is too much for a lad of thirteen?

Or will it be denied that this is a question in which public morality is concerned? Can any one doubt,—none, I am sure, of my friends around me doubts,—that education is a matter of the highest importance to the virtue and happiness of a people? Now we know that there can be no education without leisure. It is evident that, after deducting from the day twelve hours for labour in a factory, and the additional hours necessary for exercise, refreshment, and repose, there will not remain time enough for education.

I have now, I think, shown that this bill is not in principle objectionable; and yet I have not touched the strongest part of our case. I hold that, where public health is concerned, and where public morality is concerned, the State may be justified in regulating even the contracts of adults. But we propose to regulate only the contracts of infants. Now, was there ever a civilised society in which the contracts of infants were not under some regulation? Is there a single member of this House who will say that a wealthy minor of thirteen ought to be at perfect liberty to execute a conveyance of his estate, or to give a bond for fifty thousand pounds? If anybody were so absurd as to say, "What has the Legislature to do with the matter? Why cannot you leave trade free? Why do you pretend to understand the boy's interest better than he understands it?"—you would answer; "When he grows up, he may squander his fortune away if he likes: but at present the State is his guardian; and he shall not ruin himself till he is old enough to know what he is about." The minors whom we wish to protect have not indeed large property to throw away: but they are not the less our wards. Their only inheritance, the only fund to which they must look for their subsistence through life, is the sound mind in the sound body. And is it not our duty to prevent them from wasting their most precious wealth before they know its value?

But, it is said, this bill, though it directly limits only the labour of infants, will, by an indirect operation, limit also the labour of adults. Now, Sir, though I am not prepared to vote for a bill directly limiting the labour of adults, I will plainly say that I do not think that the limitation of the labour of adults would necessarily produce all those frightful consequences which we have heard predicted. You cheer me in very triumphant tones, as if I had uttered some monstrous paradox. Pray, does it not occur to any of you that the labour of adults is now limited in this country? Are you not aware that you are living in a society in which the labour of adults is limited to six days in seven? It is you, not I, who maintain a paradox opposed to the opinions and the practices of all nations and ages. Did you ever hear of a single civilised State since the beginning of the world in which a certain portion of time was not set apart for the rest and recreation of adults by public authority? In general, this arrangement has been sanctioned by religion. The Egyptians, the Jews, the Greeks, the Romans, had their holidays: the Hindoo has his holidays: the Mussulman has his holidays: there are holidays in the Greek Church, holidays in the Church of Rome, holidays in the Church of England. Is it not amusing to hear a gentleman pronounce with confidence that any legislation which limits the labour of adults must produce consequences fatal to society, without once reflecting that in the society in which he lives, and in every other society that exists, or ever has existed, there has been such legislation without any evil consequence? It is true that a Puritan Government in England, and an Atheistical Government in France, abolished the old holidays as superstitious. But those Governments felt it to be absolutely necessary to institute new holidays. Civil festivals were substituted for religious festivals. You will find among the ordinances of the Long Parliament a law providing that, in exchange for the days of rest and amusement which the people had been used to enjoy at Easter, Whitsuntide, and Christmas, the second Tuesday in every month should be given to the working man, and that any apprentice who was forced to work on the second Tuesday of any month might have his master up before a magistrate. The French Jacobins decreed that the Sunday should no longer be a day of rest; but they instituted another day of rest, the Decade. They swept away the holidays of the Roman Catholic Church; but they instituted another set of holidays, the Sansculottides, one sacred to Genius, one to Industry, one to Opinion, and so on. I say, therefore, that the practice of limiting by law the time of the labour of adults is so far from being, as some gentlemen seem to think, an unheard of and monstrous practice, that it is a practice as universal as cookery, as the wearing of clothes, as the use of domestic animals.

And has this practice been proved by experience to be pernicious? Let us take the instance with which we are most familiar. Let us inquire what has been the effect of those laws which, in our own country, limit the labour of adults to six days in every seven. It is quite unnecessary to discuss the question whether Christians be or be not bound by a divine command to observe the Sunday. For it is evident that, whether our weekly holiday be of divine or of human institution, the effect on the temporal interests of Society will be exactly the same. Now, is there a single argument in the whole Speech of my honourable friend the Member for Sheffield which does not tell just as strongly against the laws which enjoin the observance of the Sunday as against the bill on our table? Surely, if his reasoning is good for hours, it must be equally good for days.

He says, "If this limitation be good for the working people, rely on it that they will find it out, and that they will themselves establish it without any law." Why not reason in the same way about the Sunday? Why not say, "If it be a good thing for the people of London to shut their shops one day in seven, they will find it out, and will shut their shops without a law?" Sir, the answer is obvious. I have no doubt that, if you were to poll the shopkeepers of London, you would find an immense majority, probably a hundred to one, in favour of closing shops on the Sunday; and yet it is absolutely necessary to give to the wish of the majority the sanction of a law; for, if there were no such law, the minority, by opening their shops, would soon force the majority to do the same.

But, says my honourable friend, you cannot limit the labour of adults unless you fix wages. This proposition he lays down repeatedly, assures us that it is incontrovertible, and indeed seems to think it self-evident; for he has not taken the trouble to prove it. Sir, my answer shall be very short. We have, during many centuries, limited the labour of adults to six days in seven; and yet we have not fixed the rate of wages.