PRICE THREEPENCE EACH NUMBER (FOURPENCE STAMPED :) It must be remarked that the author's view is, | Now Publishing, on the 1st of every Month, 36 Columns, size of the Athenæum : very properly, not one-sided. He does not limit himself to the subject of the Poor Law alone, as is too often done. He would include police, etc., in the arrangements he contemplates. On the matter of Police he has indeed some excellent practical suggestions; and not only excellent but remark able, when we notice how nearly they come up to the old constitutional practice (before that practice was interfered with and made less efficient by tin kering Acts of Parliament, and the irresponsible interference of Crown-appointed justices), although no allusion escapes the author from which it would appear that he is familiar with the history and details of that practice. This is a further proof of the soundness of the views advanced. The following observations on the functions of the Parish Vestry are well worthy of being quoted. They should be imprinted well on the memory of every man who is earnest in the desire to see free institutions maintained, national intelligence advance, and the administration of social affairs soundly carried on. "Every parish has its ancient assembly for consulting on and settling its internal concerns. These parochial assemblies are a component part of our constitution: consequently, anything that tends to silence or nullify their voice is unconstitutional. Now, is not the tendency of the central board and commission system to do this? I look upon the integrity of these ancient institutions as a sine qua non of our liberty; nay more, as the greatest security of respect for the laws, and allegiance to the sovereign. And I consider that if it be invaded, it is as it were undermining the foundation of the fabric of our state. "These Vestries, or courts for consulting on and settling, under the higher powers, the affairs of every parish, seem to have been general throughout Christendom. But where are they now found except in Great Britain? And how much longer will they exist with us if we do not restore the parochial system? THE CONSTITUTIONAL: EVOTED to the Advocacy of MUNICIPAL INSTITUTIONS, TRIAL BY JURY, LOCAL SELF-GOVERNMENT DE -as opposed to the encroachments of Centralization and Summary Jurisdiction-and POOR LAW REFORM (on the plan of the National Poor Law Association); to the upholding of the COMMON LAW of the Land, as the safeguard of our liberties; to the conveying, in a familiar and illustrative form, of sound knowledge on the CONSTITUTIONAL RIGHTS and DUTIES of Englishmen; and to THE GENERAL ELEVATION AND IMPROVEMENT OF THE PEOPLE, irrespective of sect or party. A particularly practical character is given to this Journal by the devotion of a considerable space in each number to questions immediately concerning the functions and management of THE PARISH, 25 the most universal form of Municipal Institutions now in active existence among us. The editorial management has now been undertaken, at the solicitation of its promoters, by a gentleman peculiarly familiar with the subjects to which it is devoted, and who is well known as having been engaged in long and successful efforts to maintain the functions of Municipal Institutions and to resist the encroachments of Centralization. The new management began with No. VII. (July, 1853), the contents of which Number are as follows: The "Constitutional" is at present published monthly; but it is hoped that arrangements may be made, before long, by which a more frequent issue will be secured. Of this, however, full notice will be given. A large guaranteed Circulation renders "THE CONSTITUTIONAL" an eligible medium for Official, May not the present insecurity of the continental states be| Literary, and Commercial Advertisements. traced to their abolition, and to the substitution of metropolitan or provincial centrale of the body, and throw If, as it is alleged, abuses had crept into these parochial courts; if, through their negligence, the parish officers had been lavish of the public money; could not these wrongs have been set right, so as to purify the local management of every community?" All this is admirably said. As to the abuses that had crept in, nothing would have been simpler, or But could now be simpler, than to correct them. that was not the object. That would not have suited the purpose of those who were bent on introducing the functionary system, with a centralized control, into England. The course taken therefore was, as it still is on every subject whose promoters have like ends in view, to cull special instances of abuse wherever they can be exceptionally found; and to magnify these and parade them as demonstration of a universal rule. Mr. Malet proposes, consistently and very properly, to dissolve the present Union system; and he suggests the mode in which it should be done. No man who has fully considered the Union system can doubt that, however much, at first sight, some conveniences may be imagined, it is a system the application of which, whether for management, rating (as proposed by some), or any other purpose, can only be, and must always be, injurious only, and incompatible with the sound working either of Poor Law or any other Parochial affairs. LONDON: CHAPMAN AND HALL, 193, PICCADILLY. By whom "THE CONSTITUTIONAL" will be supplied regularly, on order through any Bookseller or Just published, in 1 vol. post 8vo, price 5s., bright and genial humour, shadowed every now and then by LOCALIZATION. The Characteristics of each; and its ways, and stands out in the memory like an experience."OCAL SELF-GOVERNMENT AND CEN-passages of quiet pathos, that the book transports us into this secluded village, makes us intimate with its old world Practical Tendencies, as affecting Social, Moral, and Poli- THE JOHN CHAPMAN, 142, Strand. By the same Author, HE PEOPLE AND THE PARISH: THE COM- AND THRS, prepared and published per 100. Just published, 1 volume, post 8vo. cloth, 78. 6d. OTTOMAN EMPIRE. The question of the saving to be effected is entered into at considerable length. Items and figures are given; and we are satisfied that the estimate is not only not extravagant, but is very far within the mark when the collateral moral results, and their A SKETCH OF MANNERS AND POLITICS IN THE consequences as affecting pauperism and crime, are taken into consideration. For it must again not be forgotten that it is not only the Poor Law system, but the Police system, that our author especially embraces. Leader. PRINTING FOR THE BLIND. Lately published, under the direction of the Committee of the BRISTOL ASYLUM FOR THE BLIND, price 3s. in cloth, BY BAYLE ST. JOHN, Author of 'Village Life in Egypt,' Two Years' Residence in a Levantine Family,' etc. THE LIFE OF JAMES WATT. "The little tractate on the Turks in Europe' is particu-The first of a Series of Works printed in Embossed Types larly full of matter. Mr. St. John has seen much of the Turks, and sketches vigorously with a few bold strokes their (in the common Roman letters) for the use of the Blind. It is full manners and capacities as an European nation. of animation, anecdote, and point, conveying in a graphic and effective way much information."- Examiner. There are other incidental points, of great in terest and importance in reference to parish affairs, that are introduced by Mr. Malet. But the points that we have noticed will show the spirit of the writer, and the manly, healthy, and practical tone and purpose with which he writes. Although there may be some points of detail on which we shall be BY THE AUTHOR OF MARY BARTON,' 'RUTH,' disposed to differ from him, these in no way detract from our estimate of the value of the publication, which we cordially commend to the perusal of every reader of this journal. CRANFORD. ETC. Reprinted from Household Words.' Small Sro. cloth, 78. 6d. "There is so much delicate, feminine observation, so much No. IX.] "I wish we could so perfectly distinguish the Legislative "from the Ministerial authority as once we did; when the "HOUSE OF COMMONS had not the power of a COURT LEET "to give an Oath: which distinction, doubtless, is the most "vital part of freedom; as, on the contrary, the confusion "of them is an accomplishment of servitude."-4 Plea for Limited Monarchy:-1660. CONTENTS. CIRCULAR OF THE NATIONAL POOR-LAW ASSOCIATION:"The Critic" on Pauper Labour... On the Law of Settlement Communications To Subscribers and the Public. THE CONSTITUTIONAL: Codification of the Law "In the name of the Prophet"-Cabs! The Enclosure of Common Lands THE PARISH :- The Braintree Case The progress and method of unconstitutional Encroachments REVIEW : 97 99 LONDON, SEPTEMBER 1, 1853. "THE CRITIC" ON PAUPER LABOUR. Ryland on Assay of Gold and Silver Wares........ 107 CORRESPONDENCE: Public Footpaths Stamp Office Mismanagement ADVERTISEMENTS Circular of the National Poor-Law Association. The bardic traditions of Somerset House, which are recited from time to time by Poor-law InspecUnder the superintendence of the Executive Committee tors, "experienced" Guardians, and the one-eyed of "THE NATIONAL POOR-LAW ASSOCIATION" (established school of economists generally, upon the subject of to promote the substitution of productive labour for idleness and useless tests), who are responsible for this depart-pauper industry, usually assume the oracular form ment of the Publication exclusively. Communications for of Welsh triads, something after this wise: the Association must be addressed to the Secretaries, 1, Elm Court, Temple, London, and 7, Norfolk-street, Manchester. THE NATIONAL POOR-LAW ASSOCIATION has for its objects the diminution of Pauperism with its demoralizing consequences, and the reduction of the burden of Poor's Rates, by promoting the extension of agricultural and other industrial employment and training for adult and juvenile "paupers," and the more rational and humane administration of the Poor-laws. METROPOLITAN COMMITTEE. The Lord Bishop of Ripon. Rev. William Hunter. W. H. Cogan, Esq., M.P. Leonard Horner, Esq., F.K.S. George Macartney, Esq. M.P. R. A. Thicknesse, Esq., M.P. Prisoners may be usefully set to work : To employ felons in reproductive labour is benefi- To put juvenile paupers to agriculture or handicrafts is theoretically right:-but, To provide for adult paupers, in lieu of idleness or useless "tests," any kind of productive employment, is mischievous, impracticable, and contrary to political economy. PRICE THREEPENCE. STAMPED EDITION, 4D. Commissioners' Reports in 1833, and is a position which we must continue to deny until furnished with stronger evidence of failure than that which is presented by the Critic. The whereabouts of our contemporary, in relation to this vexed question, is, we fear, indicated by his referring to the reproductive employment of crimiCan he be nals as being at all a new movement. ignorant that the system which we advocate has for a generation or two been in efficient operation in all the American prisons, and has been opposed here by the very same class of economists that object to the employment of paupers, and upon the self-same grounds? If our contemporary will take the trouble to consult Mr. Frederic Hill's late treatise on 'Crime; its Causes and Remedies,' or even the brief abstract of that book presented in our columns (p. 59), he will see that not any inherent impracticability of the reproductive system, but merely certain notions of so-called economical principle, on the part of those who assume to govern and instruct the public, have prevented the application to prisons and workhouses of plans which are demonstrably beneficial in both. There is nothing new in productively employing criminals, or in the folly by which such employment is opposed. We quote from a debate in the House of Commons, on the 12th May, 1791, upon a Bill brought in for the purpose of confining in penitentiary-houses convicts under sentence of transportation,-reported in Clarendon's Parliamentary Chronicle, vol. iii. P. 202. "Mr. Jekyll very ably supported the Bill, and produced a paper, stated to be A List of the Prisoners under Confinement, and sentenced to hard Labour, in the Castle Gaol and Bridewell of the county of Oxford; with an Account of the Earnings, Expense of Maintenance, Materials for Work, Cloaths, Overlooking, etc., from the 1st of January, 1789, to the 1st of January, 1790;' whence it appeared that eighty prisoners had earned in that £. time, 8. d. 383 11 7 263 19 0 For the last of these "unrhymed metres our opponents have not always condescended to adduce Mr. Jekyll commented upon this as a matter well any good reason, or indeed any reason at all. Our worthy the serious attention of the House, since it contemporary, however, appeals to the testimony proved that the example, if followed in every county of experience for the failure of pauper employment. in the kingdom, and managed with the same attenWill he permit us to ask him for the facts upon tion and exertion that it had experienced in the which he has founded the extraordinary conclusion hands of the keeper of Oxford Castle, would doubtthat adults, whether pauper or criminal, do not-less prove equally successful, and produce many as he no doubt correctly supposes that juveniles do beneficial consequences." idleness and non-production. Is not this fact alone sufficient to show the necessity of an organization for "enforcing upon the legislature and payer of rates the principles of political economy in favour of profitable employment, in opposition to the mistaken rule by which able-bodied persons are kept in idleness or designedly unproductive?" (Address of the NATIONAL POOR-LAW ASSOCIATION.) "prefer cheerful labour to the sullen indolence of In the recent discussion upon the Transportation the solitary cell?" Bill, it was stated that the Portland penal estabUpon the unimpeachable authority of Mr. Jelyn-lishment (like the American prisons) is self-supportger C. Symons, who has advocated the reproduc-ing, its inmates producing by their labour some tive principle of the Poor-law Association upon the £17,000 to £20,000 a-year. We have already inground that this principle is beneficially applied indicated the discreditable cause why such instances almost every part of the European continent, we amongst English prisons and workhouses, form, as must beg to demur to the sweeping allegation of they do, an insignificant exception to the rule of failure, founded upon the supposed opinions of certain French Inspectors. Who are these Inspectors? What places did they visit, and at what time? and where are their reports? That the Frederick's SUBSCRIPTIONS are requested to be paid into the Bank Oord and other pauper colonies established for the of Messrs. Glyn and Co., London; the Union Bank of purpose of yielding a pecuniary profit beyond mere Manchester; or sent by post-office order to Thomas Greig, maintenance, failed to do so, is only what might be Esq., Treasurer, 60, George-street, Manchester; and communications from gentlemen desirous of co-operating with looked for in any mercantile undertaking commenced the movement may also be addressed to the Secretaries-under such extreme disadvantage. But that useful Thomas Wheeler, Esq., LL.B., 1, Elm Court, Temple, Lon- labour has failed, whenever judiciously enforced don; James Winder, Esq., Bolton, T. H. Battye, Esq., Huddersfield; T. Worthington Barlow, Esq., Manchester: from upon the able-bodied, whether pauper or criminal, whom can be obtained all the addresses, etc., issued by the to yield moral and economical results infinitely preAssociation. Members will be enrolled on the payment of ferable to the prevalent system of idleness or un-lowing article, which reached us almost contemhalf-a-guinea and upwards. Donations, of one shilling and upwards, in postage stamps, will be received, and a number profitable task-work for which we urge its substituof the "Circular of the National Poor-Law Association," tion, is directly contradicted by the Poor Law (Constitutional) containing the acknowledgment, transmitted to the donor. desire to invite discussion upon the best practical method of carrying those principles into effect.] "There is scarce a poor man in England of forty years of age who has not in some part of his life felt himself most cruelly oppressed by the law of settlements." Such was the decision, eighty years ago, of the greatest master of domestic politics who has at any time appeared. be a step towards the freedom of labour, in aid of be no objection to paupers being occupied in the the freedom of trade. cultivation of land; but in manufacturing localities The obstacle which will be raised, will be the the trade of the vicinity would be conducted with question of what is to be done with vagrants; greater probability of success. To this an objecmeaning thereby, impotent folk, as the law has it, tion has been made, that it would interfere with who miss the object for which they were wan- the independent trade of the neighbourhood, and dering, and break down in some parish where they tend to depreciate the remuneration for labour; cannot claim the rights of the natural-born; for and I am ready to admit that convicts in jails It would be unreasonable to suppose that in with respect to the able-bodied, there might be being employed in making clothes, and other areighty years some portion of the current of im- other courses. The answer to which is, that this ticles, may in some degree have had that effect ;provement had not set into this particular channel. cannot take place to any great extent, without as, to obtain work, it has been undertaken at prices But enough remains to invite attention to the case. being complicated with the other principle of mak- that would be quite unremunerative for persons The law of settlements had its origin in times ing the carcase pay. A few sickly kites and worn- who had to depend upon their trade for mainte when nobody could imagine what a poor man had to out crows may be found fluttering in parishes by nance. But there is no necessity for this interdo out of his parish. The thing was excusable; since the way; but this is not of amount sufficient to ference. Persons confined in gaols might have there are legislators in the present day, who cannot authorize interference with the great principle of plenty of employment in making army stores, tell what people in the rural districts have to do encouraging the mass to feed where there is the policemen's clothes, or various other articles rewith travelling by rail. The labourer was consi- supply. How can these parishes tell, that some of quisite for the Government establishments. This, dered as a sort of mushroom,-the produce of the their own birds are not picking a living elsewhere, it is true, might in some degree disturb the usual lord's manure, and destined to be squeezed into in a way which would make the balance nil if system of contracting, and thereby deprive some ketchup or otherwise disposed of for the benefit everything could be ascertained? There is no end of the officials of the indirect advantages,-the of the owner; and for this man to be found wan- of a struggle, for what is not worth sweeping up; oozings from these contracts,-which they may have dering abroad, and thereby escaping his duties to and if individuals here and there have an appetite enjoyed for many years, and may regard as a sort the lords of the soil, or at all events helping to raise for this kind of contest, it is the business of legis- of vested interest. So, too, in workhouses many the rate of wages, was held to be as great an enor-lation to consult the general good. branches of manufactures might be carried on withmity, as ladies and gentlemen who retire to Ireland I think these are the grounds on which, if asked, out interfering with out-of-door business, provided for cheap living, consider the raising of the price I would propose debating the revision of the law a system of supplying each other were recognized. of salmon through the intervention of steam. Under such a system the looms at the Kendal Workhouse, which were prohibited from use some years ago by the Commissioners, might be worked productively, the trickeries of the contract system in part obviated, and these establishments would be better supplied than at present, as articles being made for one kind of demand, would be more suitable for the purpose than such as are made for a general market. This was the first phase of the question. But after it had been determined by law that the poor, in case of necessity, were to be maintained by their parishes, some parishes were not averse to see their poor go forth, in the hope of losing sight of them for ever. This the parishes to which they went, felt bound to resist; and though it might be supposed the tendency to a balance of interests was considerable, the balance finally turned in favour of deciding that the reprobates who left their natural soil should be sent back again. In this the parishes which had an interest in attracting wanderers, had evidently the advantage; for they could contrive to have the use of the wanderer as long as he was profitable, with liberty to send him away island had had the liberty to import slaves from the others, with the privilege of re-landing them when when he ceased to be so. It was as if one West India ever they were worn out. is of settlements. Yours very sincerely, T. PERRONET THOMPSON. Communications. [The following letters have each its peculiar If arrangements were made for workhouses to merit in the way of precept and example. Whilst become the customers of each other, in most of the we cannot quite agree with the experienced Vice-manufacturing localities the whole of the inmates Chairman of the Bedford Union, that agricultural would be occupied with remunerative employment. Law management, and certainly would not con- the poor-houses in the districts where the manuoperations are of secondary importance in PoorThe various articles of clothing might be made at fine the provision for remunerative employment to facture of these commodities prevail. In one estathe workhouse, we can appeal in support of all blishment blankets, in another bed-rugs, in others that he has said of workhouse industry, to the sheetings, linsey-woolseys, calicos, etc., might be facts stated in our own columns with respect to the staple articles. In the iron districts, plenty of the Irish unions; where all the plans recommended employment might be given in making locks, by him either have been put in practice, or are only nails, iron bedsteads, and other articles of general ference" fallacies still unhappily countenanced by prevented from being adopted by the absurd " "interrequirement. the Poor Law Commissioners.] The principle on which this in the present day to be resisted, appears to be, that where the car case is, there will the eagles be gathered together. În the Bedford workhouse tailoring and shoeWherever there is to any considerable extent an making have been conducted very successfully, influx of labourers, it is reasonable to suppose that especially with respect to the boys; so that instead, the funds exist for supporting them under the Wolverhampton Union, as formerly, of having in the house a number of ordinary accidents of life, and that on the cessaWolverhampton, 30th July, 1853. SIR,-Herewith I enclose 10s. 6d. in postage-prospect of their being burdensome upon the comyouths verging towards manhood, with a probable tion of these funds the aggregation of the labouring population will draw to a close along with dians on the recommendation of our chairman, lives, there are none at this time above thirteen stamps, which has been collected from our Guar-munity during a considerable portion of their it. In this, as in any other circumstances, the Rev. Jos. B. Owen, on behalf of the Poor Law Irule de minimis must be applied, and legislation Association, and which I am requested to remit years of age. They commence working at ten not be called upon to settle trivial balances. Even if the thing were possible, it would be to the sacrifice of greater interests. The mighty interest of allowing every man to pursue his honest advantage without impediment, is not to be broken in upon in order that clerks may be employed in balancing the accounts of one parish with another. to you. I am, Sir, yours obediently, years; their time is then divided between industrial occupation and book instruction. When old enough they are placed out as apprentices, and generally get good situations. There is no difficulty whatever experienced in getting them situations. They are not placed out, as a matter of course, METHODS OF EMPLOYMENT. the trades they have been taught in the house, but The inference therefore would seem to be, that The propriety of adopting productive employ- to various others; and they show a much greater those who gave employment to the labourers, ment for the inmates of workhouses, seems now aptitude for any work to which they may be put ought to keep them when required. And the plain so self-evident, that a man who has given the sub- than the generality of boys who have been brought reason for it is, that they give the employment for ject any attention, in expressing a doubt upon it,up with their parents. The reason for this is, that, their own benefit, and not for the benefit of some- would show himself singularly obtuse. To add, having been brought to work early in life, they get body else. This implies an organization in parishes, therefore, to what has been said and written in a facility of applying their physical powers, which for laying a just portion of the expense on those support of industrial occupation in these establish- with mere intellectual instruction they could not who have the profit; and if this organization does ments would be superfluous; but the kind of em- have acquired. not exist, it should be the business of legislation ployment most suitable, and the best method of to supply it. But there is no need to be too pre-carrying it into effect, are questions that still admit cise in the adjudication of the shares. Everybody, of much difference of opinion. where the carcase of employment is, is among the eagles who in one way or other have a portion in the spoil. It might be difficult to persuade every body of this, as it was difficult to persuade the owners of the soil that it was not policy to shut out foreign trade. But legislative knowledge has turned the corner on this point, and ought to do on the other. A liberal recognition, that as long as it is held expedient to provide for the support of poor at all, the provision should be made by the employers for the time being, at all events to the extent of the calls for the time being arising, would Cultivating land by spade-husbandry is with many persons a favourite plan, and is in many cases doubtless a very excellent method of employment; but in some it would be unsuitable. It is not adapted to the capabilities of crippled or infirm persons; nor would it be sufficiently accordant with the habits of the people in urban and manufacturing districts. To give workhouse occupation a fair chance of success, it ought to be assimilated as nearly as possible to the general trade or business of the neighbourhood. In agricultural districts there can If workhouses, as far as convenient, were to supply each other with goods, the expense of these places would be greatly reduced, especially in the manufacturing districts; and the orphan, deserted, and illegitimate children (for whom the guardians are in loco parentis) would be made useful members of society; whereas it too frequently happens that, under the present system, these unfortunate beings, from neglect of proper training, continue in vice and mendicity a life begun in pauperism and degradation. The proper training of friendless children is not the least important duty of Boards of Guardians, and a general system of agricultural or other productive occupation is the only certain plan for that purpose. A solemn responsibility rests upon all storm was raging at the time; but he closed the door upon sel of all those by whose counsel and consent TO CORRESPONDENTS. The advocates for codification must be prepared to maintain, that the principles which such authorities as these have recognized, are unsound. They must be prepared to maintain that, in our days, men are unfit to exercise any voice in the making or administering of the laws they shall be governed by, or in the That this is necessarily implied in the very choice of those who form the Legislative body. proposition for a codification, is capable of demonstration. A few considerations must now suffice to illustrate the point. ted as about to be enforced by mere arbitrary Unless the digested code be plainly admitauthority, it is clear that every clause and article which it contains must be separately and carefully considered and discussed in Parliament; and only sanctioned after, and as the result of, that consideration and discussion. TO SUBSCRIBERS AND THE PUBLIC. THE Executive Committee would respectfully remind those to whom they have addressed communications, that important arrangements are dependent upon an early and favourable reply being returned. Our friends must be reminded that although, just at this time, we hear less than heretofore of able-bodied pauperism; and consequently the wasteful and demoralizing system under which labourers willing but unable to find employment are kept in unwilling idleness or at profitless and degrading "tests," may be for the moment comparatively inoperative; these facts are owing to accidental conditions and circumstances, and in no wise imply any change of the vicious, or acknowledgment of sounder, principles. The erroneous conceptions of Political Economy which produced that system cannot be expected to disappear all at once. The anti-productive theory, and the fallacies upon which it rests, still require as much as ever to be combated by authority, by Editor of the Constitutional: care of Mr. J. E. Taylor, All Communications must be addressed (post paid) to "The reasoning, and by examples. Workhouses, more- 10, Little Queen Street, Holborn, London," over, still exist, whose inmates, although neither too young, nor too old, nor too infirm to do something towards their support, are occupied as unprofitably as possible, for fear of interfering with "independent labour." There are still pauper schools where children are kept at unwholesome indoor trades, instead of the healthy and productive operations of the field-garden or dairy farm. There are still hundreds of thousands of destitute and perishing juveniles for whom Guardians of the Poor refrain "on principle" from providing moral and industrial instruction. The costly and oppressive absurdities of the Law of Settlement still WE invited attention, in a former number, encumber the statute book, and discredit our to some general considerations connected with courts of justice. The Committee, whilst pledging the proposition for a Codification of the Stathemselves to neither of the prevalent views upon his question, invite suggestions, with a view to its tute Law. We pointed out the inconsistensolution. The subject of medical relief, unsuccess- cies involved in the arguments themselves, In the course of every man's life, events fully brought before Parliament a short time since put forth in support of that proposition. We occur, in reference to which he is obliged to by Mr. Miles, M.P., is likewise one which nearly showed how what is necessarily implied in such shape his course upon the best consideration concerns thousands of poor families in our great a proposition is in diametrical antagonism with of the circumstances then present to him. cities, of which the meagre hospital accommodation the very essence and spirit of free institutions. Such events may occur again; though only contrasts sadly with the ample provision made for We showed the crafty mode in which, under rarely perhaps; certainly not very often. But, the sick in other European countries. Humanity the name and pretence of a Codification, some if he is a wise man, he treasures up every excalls for further changes in the treatment of the of the most valuable laws of our fathers, by perience gained: he keeps all records of that deserving aged and infirm. The Poor Law indeed, which the liberties of Englishmen have been experience; so that, when the event arises, he in its mildest interpretation, differs in many material respects from that higher code with which most strongly guaranteed, may be under- may be able, at the moment, to avail himself all human institutions ought to be in accord. To mined, and that many of these will certainly of them. The Constitutional. THURSDAY, SEPTEMBER 1, 1853. CODIFICATION OF THE LAW. This is practically, and morally, an impossibility. It is a practical impossibility, because, setting aside now the variety of topics, the mere time necessary for going through all the heads and articles, as a single business, or even in one session,-and giving to each its proper discussion, would be what no arrangements of Parliament could enable it to bestow. It is a moral impossibility, for much higher and more insurmountable reasons. maintain well and even strictly managed asylums be so undermined. We stated that there It is the same with the life of nations as for permanent destitution is one thing; to hold out were, besides these general considerations, with the life of individuals. There are events confinement, with prison labour, dietary, and dress, special points of fundamental Constitutional occurring from time to time, which require in order to check applications for temporary relief, Principle involved. To some of the latter we adaptations and arrangements to meet them. is something totally different. Systematic neglect would now invite attention. And what has In other words, legislation grows out of them. of duty by responsible administrators of the Poor taken place since our former remarks were The immediate occasion may pass. The Law, like that detailed in the following Police Re-published, serves but to establish the truth, grounds and reasons, by the actual presence port, is not we fear without parallel even under and strengthen the force, of what we then of which alone that legislation can be fully the pressure of public opinion in some of the large said, and the more to prove the importance of interpreted, aud its importance felt, will be towns. We quote from the Morning Chronicle of the points on which we propose now to touch. July 9, 1853:"Bow-STREET.-After disposing of the ordinary night Is Parliamentary government a reality, or charges, Mr. Henry sent for the governor and door-keeper is it a mere name? Is the deliberation on, and of St. Giles's Workhouse, to explain the grounds upon discussion in Parliament of, public measures, which they had refused admission to several destitute women the previous night. a matter which helps to sustain free instituInspector Dodd stated that, on Thursday evening, a tions, or is it a mere sham, a "mockery, a depoor woman, who had been only confined three weeks, and lusion, and a snare"? Is it of importance police-station in Bow-street for a night's shelter, as she had that the people of England should have, been turned out of her lodging from inability to pay her through their representatives, a voice in the Workhouse, where she had been for a short time once be- making and sustaining of the laws they live fore, but the porter refused to admit her. Accordingly under; or is this to be treated as an exploded witness directed a constable to accompany her back to the notion, which the present enlightened age workhouse, as she had been lately sleeping in the parish, and when the officer arrived there he found as many as nine contemns? Six hundred years ago, it was other half-famished women, some of whom had been turned considered by one of the greatest of English son, all waiting at the door. He ascertained that they also lawyers (Bracton), that "the laws of England, had been refused admission into the workhouse, and had having been approved by the consent of those consequently been standing there some hours. The con- who use them, cannot be changed nor set stable spoke to the porter and begged of him to give the women some shelter for the night, especially as a heavy aside without the common consent and coun whose infant was in a very sickly condition, applied at the rent. She said that she had tried to get into St. Giles's out of their lodgings, with their children, for the same rea forgotten. It is then ignorantly denounced, by those who would appear superlatively enlightened, as but the obsolete remnant of another age. But, in the course of human events, the same, or nearly parallel occasions and events, arise again. Too late, if the doctrinaire has been listened to, will it be found how fatally the spoiler has done his work. Some of the illustrations we gave before, apply here. Instead of giving others, we will quote the very striking words of Coke, when pointing out the qualifications of mind and knowledge necessary to those who would dabble in legislation. They are words forgotten now in practice, but which cannot too often be repeated. "Every Member of Parliament," he says, should set himself to "know the several kind of municipal laws of his own proper na- corded fruits of former experience. We deny others had been virtually repealed." Rather tion; for the innovation or change of some the right of our day to say to posterity:- loose phraseology this: we should like to laws is most dangerous, and there is less peril "This is the code of English law;-by it ye know what "virtually repealed" means. It in the alteration of others :-to understand shall be for ever bound." We reverence ra- is to be gathered that these 2,600 are repealed what the true sense and sentence of the laws ther the sentiment which is found at the be- in the opinion of these commissioners. But now standing is, and how far forth former ginning of the laws published by King Alfred: the next statement is the richest morsel, in laws have made provision in the case that fall--"I dare not be so bold as set down for law its way, that we have ever read as gravely put eth into question:- by a careful search, to aught much of my own; for that it is un- forth:--" there are 3,900 which the Commis apprehend what have been the causes of the known to me, what of it would be liked by sioners had not determined upon!!" and the danger or hindrance that hath fallen out in those who shall live after us." We cannot Lord Chancellor goes on to inform the world that particular to the commonwealth, either foresee what posterity may need. No code that, as these commissioners had not “deterin respect of time, place, person, or other- that human wisdom can devise can meet all mined" their gracious pleasure as to these wise--to foresee that a proportionable re- future contingencies. It is mere pedantry to 3,900, the whole 3,900 are to be pitched overmedy be applied, so as that, for curing of some attempt it; but the attempt must be produc- board at one fell swoop, to save all trouble; defects past, there be not a stirring of more tive of very great and inevitable mischief. and what remain are alone to be dealt with. dangerous effects in the future." Yet, as we have already shown, codification Let us not be supposed to be romancing. His means nothing, if it is merely temporary. It words are:-" So that there would appear to can be but a mischievous delusion, instead of remain only 2,498, say 2,500, acts to which practical advantage. the labour of consolidation for general pur poses would apply." All this may sound very strange now-adays, and may be easily sneered at as very obsolete doctrine. But we venture to think that it contains the only true principles of sound legislation; and it is absolutely inconsistent with any such notion as a codification of statute-law. a The points thus noticed draw us to the direct consideration of a point which is necessarily involved in what has been already said, but which alone, when understood, should be sufficient to settle this question; we mean that of the Delegation of the functions of Parliament. Now, take it which way you like; it makes no difference in the weight of the illustration thus afforded to our argument. Be it that But further:-it will necessarily happen that the 3,900 are to be at once pitched overboard a code, completed at any one time, will differ to save trouble, as the Chancellor tells us,-or from one completed at any other time. Every that they still remain to be "determined particular year, indeed, will, according to the Lord Cranworth announced, four months upon" according to the caprice or the digesparticular direction that men's thoughts and ago, that he had put the matter in the hands of tion of the irresponsible Commissioners;-it attention then take, cause one set of laws to one or two learned gentlemen, quite unknown is all the same to the real point of the whole be treated as obsolete, and another as of pro- to fame-and, as he professed with wonder- question. In either case, the laws of England, minent importance,--the relative value of ful simplicity, even to himself,-with carte instead of having and maintaining sanction each of which would, in another year, be re- blanche to expurgate, re-arrange, and doctor and authority as the results of Legislative versed. The events of the last six years af- up, as they think fit! Even learned lords consideration and discussion, are declared to ford many striking illustrations of this. The who hardly dare offer to put common-sense depend solely, for their maintenance and only sound course is, for all such special le- in opposition to any cant of the day, were ra- sanction, on the arbitrary whim and caprice of gislation to remain on record, and of equal ther startled. They suggested that titles may two or three irresponsible individuals having authority, ready to be put in use again, or to be endangered. We have already shown no constitutional existence whatever, and abbe reconsidered again, when the particular cir- that far more important matters and questions solutely deficient in every single qualification, cumstances shall again arise which require its than mere titles to property (though the un- condition, and circumstance that can entitle action, and enable all the conditions to be settling of these is no trifle) will be affected. their work to the respect of a thoughtful, injudged of. We do but a wrong to our fathers, We think that every one who has carefully dependent, or free people. It is impossible and to our children, if, self-complacently look-read what we have already said, will be satis- to conceive anything more monstrous, more ing only to our own conditions and circum-fied that constitutional principles, the very unconstitutional, or more mischievous. The stances, we pronounce a judgement on the action of Parliament itself, will be unsettled most absolute government in the world never acts of the former, by declaring obsolete what and shaken. The distinct avowal, made by proposed or adopted a course more entirely they did when all the means of judgement, Lord Cranworth, that the work of expurga- opposite to the very essence of responsible and the special needs calling for action, were tion will be a principal one, confirms precisely government and free institutions, as well as before them. We thus deliberately rob our the greatest of the dangers that we have of sound and rational legislation. children of that inheritance which is the re- dwelt upon. And the avowal that the work If another illustration were desired of what sult of former experience in events which, in is to be put into one or two hands to accom- the practical results will necessarily be of such the course of national existence, may, in all plish, further proves the correctness of our proposition, we need only point to what Lord probability, arise again. We are not fit judges, argument, that Parliament is to be ousted of Cranworth said on one point and as to one exwithout all the facts before us. If a special its functions; that the whims and crotchets of periment. He stated that one of his industrienactment does not seem to concern us, let us one or two irresponsible individuals, not even ous Commissioners had nearly completed a at any rate leave it ready to be put in use, or members of Parliament, are to be let over- digest of "all the laws relating to the poor, reconsidered, by those whom it may hereafter ride all the authority of Parliament, and all from the time of Elizabeth, when those sta concern, and who may have better means of those safeguards for well-considered legisla- tutes commenced." It cannot be supposed that considering it before them. tion that we have alluded to, and as to some Lord Cranworth stated this fact for himself. There is another consideration of very great of which we have quoted very remarkable He must know better. He must be taken to importance, connected with this view of the opinions. be merely repeating the facts and opinions of subject. A codification, to be of the utility If further proof is asked of the soundness his Codifier. And what ignorance is thus pretended, must be complete. Now, apart of our former and of our present argument, shown! What a fine illustration of the patent from what we have already said, as to the we have only to beg the reader to read Lord doctrinaire Codification! We beg to state, present annual literary productions of the Cranworth's further speech on this subject not hastily or idly, that the statutes relating Parliamentary press, it is clear, that the nega- in the House of Lords on the 18th of August to the poor did not commence with Elizabeth. tive objection to, and defects of, a scheme of last. He proclaims therein the labours of his Many most important and practical statutes codification, must be as great as the positive. Commissioners. He tells to an astonished relating to the poor were passed, and in acWhat we have just said above comes to this: world the results. What are these? Too tion, long before the time of Elizabeth; and -that all sound legislation is the result of ex- truly had he already intimated that the work several of them were statutes which, both in perience, and the adaptation of means, as learn- of expurgation would be a principal one. their spirit and provisions, are worthy of careed by experience, to the conditions and cir- A most convenient and easy way, that, of get-ful consideration, and may be taken as valucumstances that arise in the course of human ting over every difficulty. The grapes are able models, in our day. But thus it is that, events. While the observations we have made sour:-we won't have them." "These laws as we have already shown, codification will are grounded upon the principle, that human are difficult to be trimmed up to modern doc- be a convenient instrument for distorting, or wisdom is the accumulation of the lessons trinaire notions :-we will declare them obso- quietly putting out of the way, whatever in learned by experience, we as strongly, and in lete." Having stated that there had been our Statute Book does not happen to square full consistency, maintain that that wisdom is passed 16,442 public statutes since Magna with the Centralizing systems and functionary progressive; and we cannot any more consent Charta, Lord Cranworth proceeds to say that nostrums which are the thought-killing and to tie up future consideration and adaptation his Commissioners had found that 2,700 had independence-crushing tendency of our time. of events, and of the appliances necessary to been repealed in terms. Well and good: as We forbear, for the present, further comthem, than we can consent to wipe out the re-to these there could be no doubt. "2,600 ment on Lord Cranworth's speech, though 66 a |